Telecommunications

As consumers have embraced “smart home” technology and specifically advanced locks and entryway security systems, some door lock companies have asked permission from the Federal Communications Commission (“FCC”) to use ultra-wideband technology (“UWB”) in their devices.  UWB technology has unique characteristics that can be used to enhance entryway security systems by working with low-power Bluetooth…

Continue Reading FCC Seeks Comment on Petition to Update Ultra-Wideband (UWB) Part 15 Rules

In late December 2025, the FCC updated its “Covered List” to add foreign-produced unmanned aircraft systems (UAS), commonly known as drones, and their critical components after an Executive Branch interagency body determined that they pose “unacceptable risks to the national security of the United States and to the safety and security of U.S. persons.” Subsequently…

Continue Reading FCC “Covered List” Updated to Include Certain Drones and Related Components, Subject to an Exception

On January 9, the U.S. Supreme Court granted certiorari to resolve a circuit split over the FCC’s authority to impose monetary forfeiture penalties through its administrative process.  The outcome could have significant implications for the FCC’s ability to pursue civil penalties in its enforcement cases.  For more information on the issues at stake, including background…

Continue Reading Update: Supreme Court Grants Cert in Cases Involving the FCC’s Monetary Penalty Authority

In 2024, the Federal Communications Commission (FCC) issued fines to four major telecommunications carriers—Verizon, AT&T, Sprint, and T-Mobile—for allegedly failing to protect the geolocation data of their subscribers, which the FCC claimed violated its Customer Proprietary Network Information (“CPNI”) rules. To challenge the action, all four carriers had to first pay the fines, which they did.  They then petitioned for review of the FCC’s decision in various U.S. courts of appeals, arguing that the FCC’s procedure for adjudicating monetary fines violated their right to a jury trial as guaranteed by the Seventh Amendment. Verizon sought relief in the Second Circuit, T-Mobile (which had merged with Sprint) sought relief in the D.C. Circuit, and AT&T sought relief in the Fifth Circuit.

The Second Circuit and the D.C. Circuit held in favor of the FCC, rejecting the carriers’ argument that the FCC violated their Seventh Amendment rights. But the Fifth Circuit reached a different conclusion, holding that the FCC’s procedure did in fact violate AT&T’s right to a jury trial. The FCC (which lost in the Fifth Circuit) and Verizon (which lost in the Second Circuit) each has filed a petition for certiorari at the Supreme Court.

With a 2-1 federal circuit split and two certiorari petitions pending, some are predicting that there is a good chance that the Supreme Court will decide to consider the appeals. The dispute raises a fundamental question about the FCC’s authority to impose monetary penalties through its in-house administrative enforcement procedures. If the Supreme Court grants certiorari, it will be called upon to determine whether the Communications Act violates the Seventh Amendment by authorizing the FCC to order the payment of monetary penalties for violations of the Act, without guaranteeing the right to a jury trial. The resolution of this dispute thus could have significant implications for how the FCC enforces the law against telecommunications carriers and other entities subject to its jurisdiction.

Both petitions for certiorari have been distributed for a January 9, 2026 conference.Continue Reading FCC Privacy Enforcement May Face More Constitutional Scrutiny: Supreme Court Review of FCC CPNI Fines Sought Amid Circuit Split

Updated December 4, 2025.  Originally posted November 26, 2025.

In November, the Federal Communication Commission (“FCC”) released a Second Further Notice of Proposed Rulemaking (“FNPRM”) proposing to eliminate or modify various broadband label rules for Internet Service Providers (“ISPs”).  The FCC’s primary rationale for these proposed changes is that the rules are cumbersome for ISPs…

Continue Reading FCC Seeks Comment on Proposed Changes to Broadband Label Transparency Rules

Updated December 4, 2025.  Originally posted November 13, 2025

At the Federal Communications Commission’s (FCC’s) Open Meeting in late October, the agency unanimously adopted a Notice of Proposed Rulemaking (NPRM) that proposes to end certain legacy interconnection obligations of Local Exchange Carriers (LECs) to accelerate the transition to all Internet Protocol (IP) networks.

Currently, certain…

Continue Reading FCC Proposes Rule Changes to Accelerate Transition to IP Networks

Earlier this month on September 8, the Federal Communications Commission (FCC) announced that it was taking an initial set of actions to address threats posed by so-called “bad labs.”  “Bad labs” consist of test labs that review and approve radio frequency emitting devices for use in the U.S. but are “ultimately owned or controlled by…

Continue Reading FCC Takes Action on Certain “Bad Labs”

Updated August 8, 2023.  Originally posted May 1, 2023.

Last week, comment deadlines were announced for a Federal Communications Commission (“FCC”) Order and Notice of Proposed Rulemaking (“NPRM”) that could have significant compliance implications for all holders of international Section 214 authority (i.e., authorization to provide telecommunications services from points in the U.S. to points abroad).  The rule changes on which the FCC seeks comment are far-reaching and, if adopted as written, could result in significant future compliance burdens, both for entities holding international Section 214 authority, as well as the parties holding ownership interests in these entities.  Comments on these rule changes are due Thursday, August 31, with reply comments due October 2.Continue Reading Comments Due August 31 on FCC’s Proposal to Step Up Review of Foreign Ownership in Telecom Carriers and Establish Cybersecurity Requirements

On June 26, 2023, the National Telecommunications and Information Administration (“NTIA”) announced how it has allocated funding from the $42.45 billion Broadband Equity, Access, and Deployment (“BEAD”) program to all U.S. States, the District of Columbia, and five territories to deploy affordable, reliable high-speed Internet service.  Marking the occasion in a White House ceremony, President Biden declared that this investment will “connect everyone in America to [affordable] high-speed Internet. . . by 2030.”

By way of background, the Infrastructure Investment and Jobs Act (“IIJA”) became law in 2021 and directed NTIA to oversee distribution of the single greatest public investment in broadband in U.S. history.  The cornerstone of that investment is the BEAD program, which we detailed here.  In 2022, the NTIA released its Notice of Funding Opportunity (“NOFO”) for the BEAD program, marking the beginning of the program’s implementation, which we detailed here. 

According to U.S. Secretary of Commerce Gina Raimondo, the announced investments will increase competitiveness and spur economic growth by “connecting people to the digital economy, manufacturing fiber-optic cable in America, or creating good paying jobs building Internet infrastructure in the states.”  The NTIA announcement states that BEAD funding will be used to “deploy or upgrade broadband networks to ensure that everyone has access to reliable, affordable, high-speed Internet service.”  After meeting deployment goals, any remaining funds “can be used to pursue eligible access-, adoption-, and equity-related uses.”

The BEAD program is different from past federal broadband investments in that it will be administered by the States, D.C., and the five territories (each referred to as an “Eligible Entity”), with each jurisdiction running its own competitive process for determining the specific projects to be funded.  Under the IIJA, each Eligible Entity will have until the end of this year to submit an “initial proposal,” which will be a detailed roadmap explaining how they intend to run their grant programs in a manner consistent with the requirements of the IIJA and NTIA’s NOFO.  After approval of this initial proposal, an Eligible Entity can request access to at least 20 percent of its allocated funds. Continue Reading Biden Administration Presses Forward with $42.5 Billion Broadband Program

Today, the National Telecommunications and Information Administration (NTIA) released its first Notice of Funding Opportunity for development of next-generation wireless infrastructure under the new Public Wireless Supply Chain Innovation Fund (“Innovation Fund”).  According to NTIA’s announcement, this first tranche of funding will include up to $140.5 million in grants, ranging from $250,000 to $50 million, specifically to support expanded testing and evaluation of the performance, security, or interoperability of open, interoperable (“open-RAN”) wireless networks.  Companies (both for- and nonprofit), higher education institutions, industry groups, and consortia of multiple organizations are eligible to apply.Continue Reading Commerce Department Issues First Funding Notice for Wireless Innovation Fund