Communications and Technology Alert: NEPA Review NPRM Launches; Section 706 NOI; NG911 FNPRM Initial Comments; Commission Removes VSPs from RMD [Volume XXII, Issue 32]

Communications and Technology Regulatory Recap: Pole Attachment Orders

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 Tom Magee (magee@khlaw.com; 202.434.4128) provides an update on the Commission’s July 25th Fifth Report and Order, Fourth Further Notice of Proposed Rulemaking, and Order on Reconsideration which streamline and expedite the pole attachment process. 

Commission Approves NEPA Review Notice of Proposed Rulemaking

During last week’s Open Commission Meeting, the Commissioners approved a Notice of Proposed Rulemaking (NPRM) designed to revisit and revise the Commission’s implementation of the National Environmental Policy Act (NEPA) in order to streamline broadband and wireless deployments. The rulemaking in WT Docket No. 25-217 will focus on the reclassification of “major federal actions” under the NEPA statute, revisions to the categorial exclusions from environmental review, as well as modernizing the timeframes for Environmental Assessments (EA) and Environmental Impact Statements (EIS). In addition, the Commission is also seeking comment on their implementation of the National Historic Preservation Act (NHPA), which requires applicants to engage in historical reviews of cultural resources and consultations with Tribal Nations and Native Hawaiian Organizations. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).

Commission Announces Adoption of Section 706 Notice of Inquiry

Ahead of the Open Commission Meeting on August 7th, the Commission approved a Notice of Inquiry (NOI) assessing the availability of “advanced” telecommunications capabilities across the country. The Notice will primarily focus on determining such availability through deployment metrics and moves to revise certain technical thresholds established in previous reports. Additionally, the Notice requests comment on mobile broadband service metrics, as well as the use of the Broadband Data Collection platform to source fixed availability. Comments can be submitted to Docket No. 25-223. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).  

Commission Receives Initial Comments on NG911 FNPRM

Last week, comments were due in the FCC's Further Notice of Proposed Rulemaking ("FNPRM") that seeks to improve next-generation 911 ("NG911") by expanding the pool of entities who must comply with reliability standards, establishing interoperability requirements, and empowering state and local 911 authorities to more easily obtain certifications from operators. Many operators called out the new measures as premature and duplicative, while also arguing that the expanded definition of “Covered 911 Service Provider” is too expansive. Others, including many state regulatory bodies, argued that the new rules fill a variety of regulatory gaps that presently stop NG911 from being fully effective. Reply comments are due on September 17. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271). 

Commission Removes VSPs from Robocall Mitigation Database

Last week, the FCC removed 185 non-compliant voice providers from the Commission’s robocall mitigation database. Removal from the database will prevent these providers from connecting to U.S. networks. This action follows a December 2024 order to 2,411 providers to either cure incomplete filings or justify why they are not compliant with the robocall mitigation rules. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).

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