Communications and Technology Alert: Pole Attachment FNPRM Comment Deadlines; NEPA NPRM Comment Deadlines; BEAD Subgrantee Guidance Document; Cable and Satellite Rule Deletions [Volume XXII, Issue 34]
Communications and Technology Regulatory Recap: Private 5G/LTE Spectrum Options
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 Greg Kunkle (Kunkle@khlaw.com; 202.434.4178) provides an update on Private LTE and 5G spectrum options for critical infrastructure companies including 800 MHz, 900 MHz, CBRS, and 1670-1675 MHz spectrum.
Commission Publishes Comment Due Dates for Pole Attachment FNPRM
In July, the Commission adopted a Fifth Report and Order, Fourth Further Notice of Proposed Rulemaking (FNPRM) and an Order of Reconsideration designed to streamline the deployment of broadband infrastructure on utility poles. The FNRPM seeks comment on make-ready deployment and payment deadlines, establishing cost-ceilings for make-ready costs, and whether light poles should be included under the scope of “pole” as defined under Section 224 of the Communications Act, among other requests. On August 22nd, the Commission published the FNPRM in the Federal Register, stating that comments would be due on or before September 22, 2025, while reply comments would be due on or before October 21, 2025. 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).
Commission Finalizes Comment Deadline for NEPA NPRM
Last week, the Commission published a Notice of Proposed Rulemaking to revisit the Commission’s implementation of the National Environmental Policy Act (NEPA) in order to streamline wireless deployments. The NPRM, originally approved at the Commission's August 7th Open Meeting, seeks comment on what qualifies as a "major federal action" under the statute, proposes to modernize timelines for Environmental Assessments (EA) and Environmental Impact Statements (EIS), and proposed changes to the Commission's implementation of the National Historic Preservation Act (NHPA). Comments are due on or before September 18, 2025; reply Comments are due on or before October 3, 2025. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
NTIA Releases Guidance for Subgrantees Deploying BEAD Projects
The National Telecommunications and Information Administration issued a guidance document to help BEAD subgrantees navigate the requirements of the program. The document covers the technical requirements that subgrantees must meet under categories including speed and latency, reliability, and protocols for outages. Additionally, it outlines deployment deadlines and benchmarks, conduit access requirements, and equipment that may not be purchased from entities on the Covered List. Finally, the document explains the service obligations that subgrantees must comply with, including low-cost plan requirements, non-discriminatory requirements, and public awareness requirements. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
Commission Continues Elimination of Obsolete Cable, Satellite Rules
Last Wednesday, FCC Chairman Brendan Carr announced the Commission would eliminate approximately 43 additional rules from the Commission’s regulations, as they apply to cable and satellite providers. Specifically, the Media Bureau would remove a standstill rule for program carriage complaint proceedings and rules placed on cable and satellite operators to limit the use of encoding, both of which were rendered moot by decisions by federal courts in 2013. The Commission continues to streamline their rules and regulations through the “Delete, Delete, Delete” proceedings, which was launched in March 2025. 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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