Communications and Technology Alert: Keller and Heckman LLP’s Communications and Technology Practice Group New Year Predictions [Vol. XXIII, Issue 1]
“As tens of billions in delayed Broadband Equity, Access, and Deployment (“BEAD”) funding starts rolling out this year, electric utilities of all types will be flooded with pole attachment activity, too often by unqualified and poorly supervised contractors hired by inexperienced broadband companies with priorities at odds with utility pole owners. Utilities will need to monitor this attachment activity closely.” Tom Magee, Partner
“The Commission will be hard-pressed to meet the Council on Environmental Quality’s Feb. 19, 2026 deadline to complete revision of its National Environmental Policy Act (“NEPA”) procedures as part of the Commission’s ongoing rulemaking proceeding. The lengthy shutdown in late 2025 will likely delay upcoming releases, but I expect that in the first half of the year the Commission will revise its rules to streamline environmental processing of new towers and find that antenna structures supporting geographic and mixed-use deployments do not constitute major federal actions or federal undertakings for purposes of interpreting NEPA and the National Historic Preservation Act (“NHPA”). That will not be the end of it though, as groups opposed to these proposals in the docket will likely seek reconsideration and eventually take legal action.” Tim Doughty, Partner
“Federal Universal Service Program reform efforts will pick up steam, mostly focusing on edge provider assessments, but reform legislation will not get through Congress in 2026. M&A activity in the mid-scale fiber provider market will accelerate. Fiber supply issues will pose a challenge across the industry.” Casey Lide, Partner
“This coming year there will be a concerted legislative effort to authorize states to retain and utilize “non-deployment” BEAD funds. The Trump Administration’s revamping of the BEAD program to give primacy to low-cost broadband deployment solutions has resulted in states and territories having nearly $21 billion in remaining BEAD funding. While this summer the National Telecommunications and Information Administration (“NTIA”) rescinded approval for state use of non-deployment funds pending further guidance, legislation has been introduced in both the House and the Senate aimed at allowing states to retain this funding for network resiliency, security, workforce development, wholesale fiber, internet exchange points, and mobile wireless infrastructure, among other things. As momentum grows for passage of such legislation, states, providers, and various industry sectors ranging from AI and cybersecurity to electrical and precision agriculture will likely be jockeying for inclusion.” Sean Stokes, Partner
“I am anticipating both the Commission and Capitol Hill will make significant changes that will impact the 911 industry. I would look for the Commission to adopt updated NG911 transition and reliability rules in the first half of 2026 and for Congress to provide some funding – but not all that is needed – to facilitate the country’s NG911 transition.” Wes Wright, Partner
“Critical infrastructure acquisitions of wireless spectrum for private LTE and 5G will hit new highs in 2026 due to substantially falling secondary market prices. The emergence of several realistic options for private, exclusive broadband spectrum has produced competition resulting in lower prices for potential purchasers.” Greg Kunkle, Partner
“The Commission will likely continue to remove wireline and wireless regulations deemed obsolete or duplicative through the ongoing “In re: Delete, Delete, Delete” proceedings. Additionally, the Commission will accelerate its efforts to identify underused spectrum and announce new auctions under its renewed spectrum auction authority.” Jackson Cherner, Associate
“The Commission will continue to crack down on voice service providers who have gaps in their robocall mitigation strategies. Last year, the Commission removed over 1,200 voice service providers from the Robocall Mitigation Database and initiated multiple proceedings aimed at reducing robocalls. Given fears of AI enhanced robocalls rising and consistent bipartisan distain for automated calls, the Commission will continue to require voice service providers to enhance their mitigation practices.” Sean Harms, Associate
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