Communications and Technology Alert: FCC Pole Attachment Order; Senate Confirms NTIA Administrator; Commission Removes Obsolete Technology Regulations; NTIA Approves BEAD “Benefit of the Bargain” Selection Process [Volume XXII, Issue 30]
Communications and Technology Regulatory Recap: Broadband Grant Taxation and Bonus Depreciation for Fiber Optic Networks
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; 202.434.4186) discusses the One Big Beautiful Bill Act (OBBBA), the return of 100% bonus depreciation, and eligibility for fiber optic networks.
FCC Releases Pole Attachment Order
The FCC late Friday released the text of its Fifth Report and Order in its long-running pole attachment docket. The Order streamlines the attachment process by requiring speedy approvals of contractors, adding survey and make-ready deadlines for very large attachment requests (3,000-6,000 poles in a 30-day period), requiring advance written notice and confer requirements, mandating early notifications if deadlines cannot be met, and adding a self-help remedy for make-ready estimates. The Order requests comment on a number of other issues, most notably whether utility pole owners must provide access to streetlight-only poles. For additional information, please contact Tom Magee (magee@khlaw.com; 202.434.4128); Tim Doughty (doughty@khlaw.com; 202.434.4271); or Sean Stokes (stokes@khlaw.com; 410.458.1342).
Senate Confirms Arielle Roth as NTIA Administrator
Last week, the Senate confirmed the nomination of Arielle Roth as the administrator of the National Telecommunications and Information Administration (NTIA). In her new role, Ms. Roth will oversee the Trump Administration's restructuring of the Broadband, Equity, Access, and Development (BEAD) Program as well as the identification of spectrum for auction authorized under the One Big Beautiful Bill Act (OBBBA). Ms. Roth previously served as the Director of Policy for the Senate Commerce, Science, and Transportation Committee, and as a wireline advisor to former FCC Commissioner Michael O’Reilly. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).
FCC Uses Direct Final Rule to Eliminate Outdated Rule Provisions
Last Thursday, the Commissioners voted to remove 11 outdated provisions from the Commission’s rules governing obsolete technology. Specifically, the eliminated rules concern outdated regulations on telegraph operations, rabbit-ear analog broadcast receivers, and telephone booth closures. The Commission voted 2-1 to remove the regulations as part of the “In re: Delete, Delete, Delete proceedings” and utilized a Direct Final Rule to expedite removal absent a notice and comment period typically required under the Administrative Procedure Act (APA). In their respective statements, Chairman Carr and Commissioner Trusty supported the use of the Rule to streamline the Commission’s priorities and repeal provisions which have effectively been sunsetted. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202-434-4271).
NTIA Approves Restructured BEAD Program
The National Telecommunications and Information Administration (NTIA) granted approval for all 56 states and territories participating in BEAD to proceed with revised proposals under the “Benefit of the Bargain” round of subgrantee selection. The restructured selection proceedings were triggered by a Policy Notice issued by NTIA in June, which required all eligible states and territories to issue corrections to their BEAD programs to reflect efficient investments in broadband infrastructure and deprioritization of fixed wireless deployments. All states and territories have until September 4, 2025, to submit a Final Proposal, which can be tracked on NTIA’s BEAD progress dashboard. 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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