Communications and Technology Alert: November Open Meeting Agenda; California BEAD Award Letter; Boomerang Lifeline NAL; HKT Section 214 Surrender; EEO Rule Deletion; UWB Rules NPRM Comments [Vol. XXIII, Issue 45]
Commission Announces Tentative Agenda for November 19 Open Meeting
On October 29, the Commission announced the tentative agenda for its November 19, 2026, Open Meeting. The Commission will consider a Report and Order amending the rules for the 450 MHz, 24.45–24.65 GHz, and 849–851 MHz/894–896 MHz bands to support unmanned aircraft systems (UAS), counter-UAS technologies, and in-flight broadband. Further, the FCC will vote on and a Third Report and Order expanding non-geostationary Earth Stations in Motion operations across the 28.35–28.6 GHz band that explicitly includes “drones, blimps… and other critical on-the-go devices.” The Commission will also consider a Report and Order authorizing non-federal operation of radio frequency jamming solutions in correctional facilities, with a Further Notice seeking comment on jamming on unlicensed spectrum and satellite communications. It will also consider items that aim to secure numbering resources against national security threats, extend Alternative Connect America Cost Model (A-CAM I) support for nine rural broadband carriers through December 31, 2028 and necessary changes to the Telecommunications Relay Services (TRS). Public drafts of the items are available on the Commission’s November Open Meeting page. Parties wishing to make ex parte presentations should do so before the Sunshine Agenda is released, typically one week before the meeting. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
California Accepts BEAD Award While Contesting Section 50 Conditions
On November 2, the California Public Utilities Commission (CPUC) submitted its signed BEAD Notice of Award to NTIA and NIST with a letter stating that Section 50 of NTIA’s November 2025 Updated General Terms and Conditions is “vague and ambiguous.” Section 50 requires grantees to commit not to enforce laws regulating broadband rates, terms, and conditions, or imposing net neutrality, open access, or other utility-style rules, against a subgrantee anywhere it serves in the state while its subgrant remains active. The CPUC stated that it does not waive any legal rights or challenges, it cannot bind other California agencies, and cannot compel local authorities to meet the 90-day permitting requirement. Critically, the CPUC stated that “[t]o the extent that NTIA and the CPUC disagree about the CPUC’s obligations under Section 50 and other terms and conditions, the CPUC will execute any subgrant agreements if and when the CPUC and NTIA are able to resolve such disagreements and any other applicable conditions are met.” NTIA’s BEAD Progress Dashboard now reports that all 56 states and territories have signed their award agreements. Prospective California subgrantees should monitor whether the dispute delays subgrant execution. For more information, please contact For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
Commission Proposes $4.4 Million Fine for Lifeline Enrollment of Deceased Subscribers
On October 30, the Commission released a Notice of Apparent Liability for Forfeiture (NAL) proposing a $4,401,666 penalty against Boomerang Wireless, LLC d/b/a enTouch Wireless. The NAL finds that the company apparently enrolled and claimed Lifeline support for at least 442 subscribers who were already deceased at enrollment, using 486 fake or false California addresses, and certified eight monthly reimbursement requests between July 2025 and February 2026. The proposed penalty combines $2,391,090 for violations of the Lifeline rules and $2,010,576 for apparent violations of the federal wire fraud statute, imposed at the statutory maximum of $251,322 per violation. The Commission emphasized that eligible telecommunications carriers are liable for the conduct of their agents and enrollment representatives, and that the National Verifier and National Lifeline Accountability Database are not safe harbors. Boomerang must pay or file a response within 30 calendar days of the NAL’s release. Lifeline providers should review agent oversight and subscriber verification practices. For more information, please contact Tim Doughty (doughty@khlaw.com; 202.434.4271) or Wes Wright (wright@khlaw.com; 202.434.4239).
Comment Deadlines Set for Ultra-Wideband Modernization Proceeding
On November 2, the Commission published in the Federal Register a summary of its Notice of Proposed Rulemaking (NPRM) proposing the first comprehensive update to its Part 15 ultra-wideband (UWB) rules since their adoption in 2002. The NPRM, adopted September 30 and released October 1, grants rulemaking petitions filed by Robert Bosch LLC and by the Alliance for Automotive Innovation and other industry groups. The Commission tentatively concludes that it should remove the “at any point in time” bandwidth requirement from the UWB transmitter definition and proposes to let swept- and stepped-frequency devices be measured in normal operating mode, effectively codifying years of waivers. It also proposes a new UWB device category for compact fixed or mobile devices, such as keyless entry and precision tracking systems, operating indoors or outdoors at duty cycles under one percent, and proposes to eliminate the advance written coordination requirement for UWB imaging systems. The NPRM also seeks comment on lifting the prohibitions on UWB use in toys and aboard ships, aircraft, and satellites, a possible new class for AI-enabled sensing devices, and revisiting eligibility, labeling, and emission limits, while leaving GPS protections unchanged. Comments are due December 2, 2026, and reply comments are due January 4, 2027. For more information, please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
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