Who knew that state sovereignty and urging states’ rights meant prompting federal agencies to bring about change at the local level? That seems to be happening in the field of pole attachment regulation.
Don’t Look Twice, It’s Alright — The FCC Pulls Back the Curtain on Section 214 Authorizations
The FCC recently adopted two items that underscore the Commission’s growing role in a quickly evolving national security regulatory framework: an Order and Notice of Proposed Rulemaking overhauling the regulatory framework for Section 214 authorization holders and applicants, as well as an “Enforcement Advisory” reminding operators of the risks of not disclosing certain transactions to the Commission.
FCC Takes the Lead on Satellite/Mobile Convergence in the Single Network Future Proceeding
Last week, the FCC adopted a Notice of Proposed Rulemaking proposing a new regulatory framework to address the growing convergence of satellite and terrestrial-based networks, titled the “Single Network Future: Supplementary Coverage from Space” proceeding.
Tax Exemption for Federal Broadband Subsidies is the Next Big Step in Broadband Access for All
Universal broadband in the United States has evolved from an aspirational policy goal and now has become a robustly funded federal policy.
ALERT: FCC Opens Rulemaking on Use of Unmanned Aircraft Systems in Licensed Spectrum
On January 4, 2023, the Federal Communications Commission (“FCC”) released a Notice of Proposed Rulemaking (“NPRM”) setting forth proposed rules for the operation of unmanned aircraft systems in the 5030-5091 MHz band. At present, unmanned aircraft systems primarily operate under the FCC’s rules for unlicensed and low-power communications or according to experimental licenses. Neither of these spectrum resources provide the user with the right to protection from harmful interference, meaning that communications using such resources can be unreliable. The FCC’s proposed rules attempt to address this issue by granting unmanned aircraft systems access to licensed spectrum with the resilience to support more advanced and secure communications.
ALERT: Space Innovation Comes to Part 25 as the FCC Proposes New Reforms for its Satellite and Earth Station Licensing Rules
On November 30, 2022, the Federal Communications Commission (“Commission”) released a draft Notice of Proposed Rulemaking (“Draft NPRM”) that, if adopted, will seek comment on comprehensive changes to the Part 25 satellite and earth station licensing rules for the first time since 2015.[1] The Draft NPRM represents a significant step in the Commission’s efforts to facilitate innovation in the satellite industry, proposing changes that would facilitate greater expediency, flexibility, and curability in the licensing process.
ALERT: FCC Chairwoman Rosenworcel Announces Plans to Create a Space Bureau
On November 3, 2022, Federal Communications Commission (“FCC”) Chairwoman Jessica Rosenworcel announced plans to reorganize the International Bureau into a new Space Bureau and a standalone Office of International Affairs. The changes are intended to help ensure FCC resources are aligned to meet the needs of FCC licensees and regulatees by “elevat[ing] the significance of satellite programs and policy within the agency to a level that reflects the importance of the emerging space economy.”
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Sunshine State Becomes 24th to Certify Regulation of Pole Attachments
On June 13, 2022, the FCC provided notice that the State of Florida has become the 24th state (including the District of Columbia) to certify state-level regulatory jurisdiction over rates, terms, and conditions for pole attachments.
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The Many Layered Flavors of Broadband – The FCC’s Proposed Broadband “Nutrition Labels”
- The FCC recently adopted a notice of proposed rulemaking (NPRM) requiring Internet Service Providers (ISPs) to display consumer-friendly “nutrition labels” allowing consumers to comparison shop for broadband services;
- The FCC proposes that these nutrition labels display information about price, speed, data allowances, and other relevant aspects of the proposed broadband service; and
- Following-up on its first hearing on these potential nutritional labels, the FCC will conduct a second hearing on April 7, 2022.
Spacing Out for Resiliency – Why Satellite Technology is Vital to Resilient Networks
Ukraine has suffered multiple internet and connectivity outages since the Russian invasion began. Seeking to restore vital connectivity to his citizens in the face of the Russian military threat, Vice Prime Minster Mykhailo Fedorov tweeted at SpaceX CEO Elon Musk asking for help. After receiving what is arguably the first regulatory approval by Tweet, Musk and SpaceX responded by shipping the Starlink user terminals to Ukraine on March 1, 2022.[1] The non-geostationary satellite orbit (“NGSO”) satellite broadband service now serves as a vital tool for connectivity where traditional terrestrial infrastructure fell short.[2]
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D.C. Circuit Allows FCC To Open 6 GHz Band For Unlicensed Use
On December 28, 2021, the U.S. Court of Appeals for the D.C. Circuit affirmed the Federal Communications Commission’s (“FCC’s” or “Commission’s”) authority to permit unlicensed wireless devices, such as internet routers, smart phones, and laptops, to operate in the 6 GHz band.
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