Communications and Technology Alert: FCC Adopts NEPA Report and Order; FCC Adopts 9-1-1 Framework NOI; OET Covered Routers Permissive Change Waiver; 4.9 GHz Band Manager Selection Committee
Commission Adopts NEPA Report and Order
During its Open Meeting on September 30th, the Commission adopted a Report and Order streamlining the agency’s implementation of the National Environmental Policy Act (NEPA). The Report and Order codifies the statutory definition of a major federal action (MFA), as well as outlines certain deployments associated with geographic, site-based, unlicensed or licensed-by-rule wireless licenses that do not qualify as MFA’s requiring NEPA review. The Report and Order also streamlines the Commission’s requirements for categorical exclusions, environmental assessments (EA), environmental impact statements (EIS) and joint agency actions. The Commission also adopted a Further Notice of Proposed Rulemaking to seek comment on changes to the agency’s National Historic Preservation Act (NHPA) regulations. For more information, please contact Tim Doughty (doughty@khlaw.com; 202.434.4271) or Wes Wright (wright@khlaw.com; 202.434.4239).
Commission Adopts 9-1-1 Framework Notice of Inquiry
During its Open Meeting on September 30th, the Commission adopted a Notice of Inquiry to examine the agency’s current 9-1-1 framework in light of new technological developments, and alongside the Commission’s existing NG9-1-1 transition and reliability updates. The Notice of Inquiry is specifically seeking input in four areas: (1) the enduring core objectives of the 9-1-1 framework; (2) the Commission’s longstanding four-factor 9-1-1 scope analysis; (3) harmonizing 9-1-1 obligations across services and technologies; and (4) how the Commission’s existing legal authorities shape our policies. Comments in the Notice of Inquiry are due no later than November 16, 2026, and Reply Comments are due on December 15, 2026. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239).
Commission Grants Expedited Waiver for Covered Routers
On September 29th, the Commission’s Office of Engineering and Technology (OET) granted an expedited waiver sought by NTCA-The Rural Broadband Association and America’s Communications Association (ACA) to permit its members and their suppliers and manufacturers to make Class I and II permissive hardware changes to certain routers and gateways which are included on the Commission’s Covered List. The granted waiver request specifically waives Sections 9.322(b) and 2.1043(b) of the Commission’s rules, which currently prohibit hardware permissive changes to Covered Routers, such as replacing memory modules or non-RF passive components. OET stated that in light of supply-chain risks and the need to provide effective residential broadband service, a waiver would be in the public interest. OET had previously issued a waiver of the prohibition on permissive changes to certain Covered Routers last March, permitting “software and firmware security upgrades that would otherwise mitigate harm to U.S. consumers.” For more information, please contact Tim Doughty (doughty@khlaw.com; 202.434.4271) or Wes Wright (wright@khlaw.com; 202.434.4239).
Commission Initiates 4.9 GHz Band Manager Selection Process
On September 28th, the Commission’s Public Safety and Homeland Security Bureau (PSHSB) and Wireless Telecommunications Bureau (WTB) released a Public Notice announcing their intent to establish a 4.9 GHz Selection Committee to begin the search for a 4.9 GHz Band Manager. The Public Notice stated that the Bureaus would begin seeking nominations for membership and a chairperson for the Committee. The Committee will have the responsibility of advising the Bureaus on the selection of the Band Manager, who should meet certain functions, including frequency coordination and interference protection operations for incumbent public safety licensees and managing a sharing agreement with FirstNet. Nominations for membership are requested to be submitted to PSHSB and WTB no later than October 28, 2026. For more information, please contact Tim Doughty (doughty@khlaw.com; 202.434.4271) or Greg Kunkle (kunkle@khlaw.com; 202.434.4178).
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