Communications and Technology Alert: FCC Funding FY2026; RBAT Pole Attachment Order; UWB Part 15 Petition for Rulemaking Comments; FirstNet Reauthorization Bill; Senate Media Ownership Rules Hearing [Vol. XXIII, Issue 6]
President Signs Appropriations Bill Funding Commission in FY2026
On February 3, President Trump signed an appropriations measure (H.R. 7148) funding the Federal Communications Commission and other federal agencies through fiscal year 2026. Under the bill, the Commission will receive $416 million in federal funding. The bill also included a short-term extension of funding for cross-agency federal cybersecurity programs through February 13th. The signing of the House bill follows similar measures passed and signed for the Department of Commerce last month, which included $50 million in funding for the National Telecommunications and Information Administration (NTIA). For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Commission Issues First Order Under Expedited Pole Attachment Complaint Process
Last week, the Commission sided with Comcast in a pole attachment dispute against the Appalachian Power Company (APCO). This decision is notable as it is the first such decision taken by the Commissions new Rapid Broadband Assessment Team (RBAT), which is composed of staff from the Enforcement and Wireline Competition Bureaus. The Commission highlighted that the Order was adopted within 60 days of the complaint's filing. The Commission framed the RBAT as an important new tool it will use to meet its goals in the Build America Agenda, which aims to “unleash high-speed infrastructure builds.” For additional information, please contact Tom Magee (magee@khlaw.com; 202.434.4128) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
Comment Period Ends on UWB Part 15 Petition for Rulemaking
Public comment on a petition for rulemaking (RM No. 12014) submitted by the UWB Petitioners seeking revisions to Part 15 of the Commission’s rules to permit more flexible operations for ultra-wideband (UWB) device operations ended on January 30, 2026. The revisions included removing language restricting UWB to pulse-based operations, adopting a clear definition of “fixed outdoor infrastructure” and other technical changes to permit the effective deployment of UWB devices. Commentors in the docket have been split, with supporters stating this will reduce the need for requesting rule waivers for each UWB device and eliminate administrative burdens on the Commission. Others asked the Commission to proceed with caution, requesting technical interference studies and data collection from existing operations before moving forward with rulemaking. Reply comments in this proceeding are due by February 27, 2026. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
House Introduces FirstNet Reauthorization Bill
Last week, Representatives Neal Dunn (R-FL) and Jennifer McClellan (D-VA) introduced H.R. 7386, which would re-authorize FirstNet for ten years and keep it under the control of the National Telecommunications and Information Administration (NTIA). The House Commerce Committee's Subcommittee on Communications and Technology is set to hold a markup hearing for the bill on Tuesday February 10th at 2PM ET. The introduction of the bill follows a FirstNet hearing in the same subcommittee last week that included testimony from FirstNet board chair Michael Adkinson, the president of FirstNet and head of Public Safety Mobility for AT&T, Inc. Scott Agnew, and Michael Dame, associate administrator of the Office of Public Safety Communications at NTIA. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239).
Senator Calls for Hearing on Media Ownership Rules
On February 3rd, Senator Ted Cruz (R-TX) announced that the Senate Commerce Committee will hold a hearing discussing the Commission’s media ownership rules, particularly the 39% audience share cap for single broadcasters. The hearing will take place on February 10th at 10:00am and hear from witnesses within the broadcast industry as well as subject-matter experts. This hearing comes as the Commission is conducting their own review of the broadcast ownership caps in light of a proposed merger of Nexstar and Tegna, which would exceed the 39% cap. 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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