As the battle for the future of the Affordable Connectivity Program (ACP) continues on Capitol Hill, and the FCC prepares for the looming shutdown of the program, providers should be aware that the FCC’s Enforcement Bureau (“Enforcement Bureau”) continues to investigate—and issue forfeitures—related to noncompliance with program rules, particularly around subscriber onboarding and usage of the ACP benefit by consumers.Continue Reading Enforcement Advisory: The FCC’s Enforcement Bureau Continues to Closely Review Provider Compliance with Affordable Connective Program Rules
Brian Weimer
Brian Weimer is a partner in the firm's Washington, D.C. office and Leader of the firm's Telecom Team and Co-Leader of the CFIUS Team.
ALERT: FCC Seeks to Eliminate Digital Discrimination
On November 20, 2023, the Federal Communications Commission (“Commission”) released a Report and Order and Further Notice of Proposed Rulemaking (“Order”) adopting final rules to facilitate equal access to broadband and address digital discrimination.[1] This decision will be of particular importance to entities that provide, facilitate, or affect consumer access to broadband, including both terrestrial and satellite broadband providers irrespective of the technology used to deliver the broadband service. A Further Notice of Proposed Rulemaking (“FNPRM”) accompanies the Order, seeking additional comment on matters pertaining to the implementation of section 60506 of the Infrastructure Investment and Jobs Act.[2] The final rules and FNPRM are summarized below:Continue Reading ALERT: FCC Seeks to Eliminate Digital Discrimination
FCC Adopts New Pole Attachment Rules to Promote Broadband Expansion
On December 15, 2023, after more than three years of consideration, and amid the largest ever federal investment in broadband, the Federal Communications Commission (“FCC”) unanimously adopted a new pole-attachment order that dramatically reforms the Commission’s rules and policies governing communications attachments to utility poles.Continue Reading FCC Adopts New Pole Attachment Rules to Promote Broadband Expansion
FCC To Vote on New Pole Attachments Rules to Promote Broadband Expansion
After more than three years of consideration, amidst the largest federal and state investment in broadband deployment, and anticipating disputes between broadband providers and utility pole owners concerning the terms and conditions of new attachments particularly in broadband expansion areas, the Federal Communications Commission (“FCC”) has released a new pole-attachment order If adopted, the order would dramatically reform the Commission’s rules and policies governing communications attachments to utility poles.Continue Reading FCC To Vote on New Pole Attachments Rules to Promote Broadband Expansion
The Biden-Harris Administration Releases National Spectrum Strategy
On November 13, 2023, the Biden-Harris Administration issued a National Spectrum Strategy (the Strategy) and Presidential Memorandum on the modernization of U.S. spectrum policy. The Strategy, developed by the National Telecommunications and Information Administration (NTIA) in close coordination with the Federal Communications Commission (FCC) and other Executive Branch agencies, seeks to “guide decisions about how to allocate limited spectrum resources and ensure these decisions are made through a rigorous, transparent process.” The Strategy represents the Administration’s attempt to chart a “whole-of-Nation” approach to achieve national spectrum policy objectives.Continue Reading The Biden-Harris Administration Releases National Spectrum Strategy
Shutting Down the Cell Phone Scammers: The FCC Adopts Rules to Crack Down on Fraudulent Practices against Wireless Phone Users
On November 16, 2023, the Federal Communications Commission (“FCC”) released a Report & Order (“Order”) and Further Notice of Proposed Rulemaking (“FNPRM”), adopting measures to address two techniques bad actors frequently use to access victims’ cell phone accounts: (1) SIM swapping and (2) port-out fraud.Continue Reading Shutting Down the Cell Phone Scammers: The FCC Adopts Rules to Crack Down on Fraudulent Practices against Wireless Phone Users
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.Continue Reading ALERT: FCC Opens Rulemaking on Use of Unmanned Aircraft Systems in Licensed Spectrum
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.” Continue Reading ALERT: FCC Chairwoman Rosenworcel Announces Plans to Create a Space Bureau
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.
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.
Continue Reading D.C. Circuit Allows FCC To Open 6 GHz Band For Unlicensed Use