Communications and Technology Alert: Delete-Delete-Delete Public Notice; Direct Final Rule Proposal, NG911 Reliability FNPRM Comment Deadline Extension; Rural CLEC Tariff Definition; Rural Broadband Protection Act [Volume XXII Issue 28]
Communications and Technology Update – Part 1: New Leadership in DC
Keller and Heckman LLP’s Communications and Technology Practice is launching a series of webinar updates regarding recent changes in leadership, policy, and regulations in the communications industry. For this week’s update, Partner Wes Wright (wright@khlaw.com; 202.434.4329) discusses the leadership transitions at the FCC, including the resignations of Commissioners Starks and Simington and the new power dynamics on the Commission.
FCC Removes Broadband Reclassification and Net Neutrality Rule Provisions
As part of the Commission’s “Delete-Delete-Delete” proceedings, the Wireline Competition Bureau (WCB) issued a Public Notice eliminating rule provisions in Part 8 and 20 to conform to the Sixth Circuit’s decision in Ohio Telecom Ass’n v. FCC reclassifying broadband internet access service (BIAS) as a information service not subject to Title II authority. The WCB has moved ahead with this deletion despite an extension granted to parties wishing to seek Supreme Court review of the Sixth Circuit decision. Additionally, the WCB removed provisions in Part 51 relating to interconnection agreements between providers, in line with the Eight Circuit’s decision in Iowa Utils. Bd. V. FCC. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).
FCC Considering Direct Final Rule to Remove Regulations
In this month’s Open Commission Meeting, the Commission is tentatively considering the adoption of a Direct Final Rule to aid in removing outdated and unnecessary regulations, in line with the “In re: Delete, Delete, Delete” docket proceedings and Executive Order 14219. The Direct Final Rule would bypass notice-and-comment proceedings typically required under the Administrative Procedure Act (APA) under the “good cause” exception, which permit an agency to forgo notice-and-comment when it is “impracticable, unnecessary, or contrary to the public interest.” The draft Rule claims the removal of outdated regulations is a routine administrative matter, and will apply the “good cause” standard to an initial selection of 18 regulations across Parts 24, 63, 64 and 79. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202-434-4271).
FCC Extends Comment Deadlines for NG911 Reliability FNPRM
Last week, the FCC announced that comments on the Further Notice of Proposed Rulemaking (FNPRM) will be due on August 4, 2025 with reply comments due on September 17, 2025. The FNPRM seeks to update the 911 reliability rules to implement emerging Next Generation 911 (NG911) technology and facilitate transitions from legacy emergency networks. The deadline was extended in response to a motion made by the National Association of State 911 Administrators (NASNA), National Emergency Number Association (NENA), and the Industry Council for Emergency Response Technologies (iCERT). For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202-434-4271).
FCC’s WCB Issues Clarification on Rural CLEC Definition for Tariff Filings
The Pricing Policy Division of the Wireline Competition Bureau (WCB) issued a Public Notice on July 10th, clarifying that the Bureau will maintain its definition of “rural CLEC” despite the United States Census Bureau retiring the term “urbanized areas” for “urban areas” on the 2020 census. The WCB has used the term “rural CLEC” since 2001 to provide an exception to the general prohibition placed on competitive LECs from charging tariffed interstate switched access rates above the rates charged by an incumbent LEC. The definition of “rural CLEC” under the Commission’s rules applies to smaller providers who do not provide to incorporated places of 50,000 or more people or synonymously, “urbanized areas.” While the Census Bureau adopted the replacement term “urban areas” with a lower population threshold and the potential to change the scope of a “rural CLEC,” the WCB maintained that the original thresholds as stated under Section 61.26, would continue to apply. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).
Senate Passes Rural Broadband Protection Act
The Senate passed the Rural Broadband Protection Act by voice vote, advancing the bill to the House of Representatives for consideration. The Act would require the FCC to establish rulemaking for a methodology to assess whether applicants for Universal Service funding "possess the technical, financial, and operational capabilities, and has a reasonable business plan, to deploy the proposed network and deliver services." The Act would also permit the FCC to assess penalties against entities for pre-authorization defaults, starting with at least $9000 per violation. The Act is currently being held at the House desk awaiting further action. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).
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