Communications and Technology Alert: NHPA Sec.106 FNPRM Comments; First Covered List Component Rule Enforcement; Router and Robotics Conditional Approvals; Oct. Meeting Agenda [Vol. XXIII, Issue 43]
Commission Seeks Comment on NHPA Section 106 Reforms in NEPA Modernization Proceeding
On October 19, the Commission published in the Federal Register a summary of its Further Notice of Proposed Rulemaking (FNPRM) in the Modernizing the Commission’s National Environmental Policy Act Rules proceeding. The FNPRM was adopted on September 30 alongside the Commission’s NEPA Report and Order, which streamlined the agency’s NEPA rules; the FNPRM now turns to the Commission’s National Historic Preservation Act (NHPA) framework. The Commission seeks comment on whether the construction of communications facilities connected with a spectrum license should be treated as an “undertaking” subject to Section 106 review, given that the Commission licenses spectrum rather than facilities, and whether any clarification should apply prospectively or to existing facilities. The FNPRM also seeks comment about potential Section 106 efficiencies. Comments are due November 18, 2026, and reply comments are due December 3, 2026. Parties interested in filing comments should contact Tim Doughty (doughty@khlaw.com; 202.434.4271) or Wes Wright (wright@khlaw.com; 202.434.4239).
OET Blocks Devices Containing HiSilicon Chips in First Covered List Component Enforcement
On October 22, the Commission announced that its Office of Engineering and Technology (OET) prevented two devices, a dashboard camera and a wireless video transmitter, from being marketed or sold in the United States after determining that they contained a chip produced by HiSilicon, a Huawei subsidiary. This is the first enforcement action under the Commission’s rules, which took effect on October 13, prohibiting equipment authorization of any device incorporating logic-bearing (“smart”) hardware components produced by a Covered List entity where the entity would be barred from authorization had it produced the device itself. The Commission stated that it will continue to aggressively enforce its Covered List component rules. Manufacturers, importers, and retailers should review component sourcing for devices pending or seeking equipment authorization. For more information, please contact Tim Doughty (doughty@khlaw.com; 202.434.4271) or Wes Wright (wright@khlaw.com; 202.434.4239).
PSHSB Exempts Additional Routers and Robotic Platform from Covered List
On October 21, the Public Safety and Homeland Security Bureau (PSHSB) released a Public Notice (DA 26-1130) announcing that the Department of War granted Conditional Approvals exempting Micro-Star International’s Radix series GRBE94 and GRBE36 routers and Vulcan Robotics’ Sourccey mobile robotic platform from the Covered List. The Commission added foreign-produced routers to the Covered List on March 23, 2026, and foreign-produced advanced robotic devices on July 28, 2026. The exemptions remain subject to each company’s continued compliance with the onshoring plan in its application and updated vetting, and may be terminated for noncompliance or misrepresentation. For more information, please contact Greg Kunkle (kunkle@khlaw.com ; 202.434.4178) or Tim Doughty (doughty@khlaw.com; 202.434.4271.
Commission Confirms October 29 Open Meeting Agenda
On October 22, the Commission released its Sunshine Notice confirming the agenda for the October 29 Open Meeting. Alongside the previously announced items, including a Further Notice of Proposed Rulemaking to auction the 1675–1695 MHz and 2020–2025 MHz bands (WT Docket No. 26-284), a Notice of Proposed Rulemaking to make an additional 482 megahertz available for Supplemental Coverage from Space, a Report and Order opening 50 megahertz in the 800 MHz Cellular band to drone use, and the test lab reciprocity Third Report and Order (ET Docket No. 24-136), the final agenda includes a Report and Order and FNPRM modernizing the international Section 214 framework (IB Docket No. 23-119), a Notice of Proposed Rulemaking implementing the Rural Broadband Protection Act’s vetting requirements for high-cost support applicants (WC Docket No. 26-288), an accessibility rules Notice of Proposed Rulemaking, and an enforcement action. The Rural Broadband Protection Act, enacted May 11, 2026, directs the Commission to initiate the vetting rulemaking within 180 days. 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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