Communications and Technology Alert: FCC Partial Suspension; FY 2026 Spectrum Auctions; Infrastructure Deployment NOI and NPRM; E-Rate Support for School Bus Wi-Fi Reversed [Volume XXII, Issue 40]
Communications and Technology Regulatory Recap: Dark Fiber Transactions in the AI Ecosystem
Keller and Heckman LLP’s Communications and Technology Practice continues its series of webinar updates regarding recent changes in leadership, policy, and regulations in the communications industry. For this week’s Regulatory Recap, Partner Casey Lide (lide@khlaw.com; 202.414.4186) provides an overview of dark fiber transactions involving A.I. infrastructure, including IRUs with hyperscalers and data center connectivity.
Commission Implements Partial Suspension During Government Shutdown
Last week, the federal government shutdown caused the FCC to suspend many of its normal operations and website features. Notably, the Universal Licensing System (ULS) will be offline during the shutdown preventing the filing or processing of applications in the wireless services. Keller and Heckman maintains some ability to obtain license information through its internal system. Filing deadlines that come due during the shutdown will be extended to the next business day after funding is appropriated. This extension does not apply to deadlines that were set by the Enforcement Bureau. Filing deadlines that come due after funding is appropriated will not be affected by the shutdown. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Commission Projects Spectrum Auctions to Take Place in FY 2026
Last week, the Office of Economic and Analytics (OEA) issued a Public Notice stating that the Commission will reauction AWS-3 spectrum in FY 2026 and is considering auctions for "spectrum in other services in its inventory that is well-suited for 5G and has been licensed in prior auctions, such as, without limitation, 600 MHz spectrum." Additionally, OEA stated it does not anticipate that bidding in the Upper C-band will commence in FY 2026. The Commission is statutorily required under the "One Big Beautiful Bill Act" to auction the AWS-3 spectrum by June 26, 2026, and the 100 MHz of the Upper C-band by July 4, 2027. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Commission Adopts Two Actions Removing Barriers to Infrastructure Deployments
During the September 30th Open Commission Meeting, the Commission adopted two actions aimed at streamlining the deployment of wireless and wireless infrastructure. A Notice of Inquiry (NOI) seeks comment on authorizations, fees, and legal requirements imposed by state and local authorities to provide wireline telecommunications services, while a Notice of Proposed Rulemaking (NPRM) seeks comment on rule changes to streamline the deployment of towers and other wireless infrastructure buildouts, as well as further steps to expand the 2018 Small Cell Order. Both actions are part of Chairman Carr’s Build America Agenda, dedicated to eliminating regulatory red tape at all levels. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
Commission Issues Declaratory Ruling Reversing E-Rate Support for Wi-Fi Hotspots
During the September 30th Open Commission Meeting, the Commission issued a Declaratory Ruling reversing previous decisions authorizing E-Rate support for the provision of Wi-Fi services on school buses. The Commission found, contrary to the 2023 School Bus Wi-Fi Declaratory Ruling, that the use of Wi-Fi hotspots or similar technologies on school buses does not serve an “educational purpose” based on the scope of the E-Rate program rules. The Commission directed the Universal Service Administrative Company (USAC) to reject pending requests for school bus funding for FY2025 and subsequent years. 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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