Communications and Technology Alert: Commission Issues Reopening Guidance; Commission Finalizes November Open Meeting Agenda; Verizon Petitions Supreme Court for Writ of Cert; NTIA Tribal Broadband Connectivity NOFO [Vol. XXII, Issue 46]
Commission Releases Additional Guidance Extending Filing Deadlines
In light of the reopening of the federal government, the Commission issued additional guidance regarding the resumption of normal operations. The Commission stated that they anticipate an “exceptionally large number of filings and submission” once publicly accessible systems are operational, and thus have extended deadlines for all filings due from October 1, 2025, through November 17, 2025, to at least Tuesday, November 18, 2025. The extension does not apply to filings in the Network Outage Reporting System (NORS), Disaster Information Reporting System (DIRS), or to filings related to Section 309(j) spectrum auction activities. The Public Notice also extended any Special Temporary Authorizations (STA) that would have expired during the same time period until November 18th. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Commission Finalizes November Open Meeting Agenda
Last week, the Commission released the four item agenda it will consider at the November 20th Open Meeting. First, will be an NPRM titled Freeing Up Large Swath of Upper C-Band Frequencies, which would make between 100 and 180 MHz of spectrum in the Upper C-band (3.98-4.3 GHz) available for auction, as required in the One Big Beautiful Bill Act. The Commissioners will also vote on an Order of Reconsideration that rescinds a January 2025 declaratory ruling that placed various cyber security obligations on telecommunications carriers. The Commission will also consider an NPRM that seeks comment on removing certain analog services mandatory status as telecommunications relay services. Finally, the Commission will consider deleting 21 "duplicative, outdated, or unnecessary" regulations.. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Verizon Petitions SCOTUS for Review of Monetary Forfeitures
Last Thursday, Verizon petitioned the Supreme Court of the United States (SCOTUS) to reconsider the Commission’s assessment of monetary penalties for failing to reasonably protect device-location data constituting CPNI under Section 222 of the Communications Act. In its petition, Verizon challenges the constitutionality of the Commission’s authority to order monetary forfeitures, claiming that the assessment of penalties violate the Seventh Amendment’s right to a jury trial. Verizon also disputes the conclusions reached by the Second Circuit previously, in which the Court held that Verizon would have had access to a jury trial if it had chosen not to pay the penalties in the first instance. Verizon’s petition of the Second Circuit’s decision comes after the Fifth Circuit ruled in favor of AT&T regarding similar violations of Section 222. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
NTIA Releases Tribal Broadband Connectivity Program NOFO
Last Wednesday, the National Telecommunications and Information Administration (NTIA) announced they will be launching streamlined reforms of the Tribal Broadband Connectivity Program (TBCP) through a new Notice of Funding Opportunity (NOFO). The NOFO will launch in Spring 2026 and will deliver around $500 million in remaining grant funding to support Tribal broadband access. Future TBCP funding opportunities will follow the NTIA and Trump Administrations’ new rules. NTIA stated that it plans to announce a formal Tribal Consultation to solicit feedback on the next funding round. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
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