Communications and Technology Alert: Pole Attachment Order Effective Date; VSPs Removed from RMD; Regulatory Fees Report and Order; Congress Requests Further BEAD Clarification [Volume XXII, Issue 35]
Commission Issues Effective Date for New Pole Attachment Rules
Last week, the FCC released the final version of its Report and Order that revises the rules and timelines for pole attachments. These rules, adopted at the Commission's July 24th Open Meeting, require speedy approvals of contractors, add survey and make-ready deadlines for very large attachment requests (3,000-6,000 poles in a 30-day period), require advance written notice and confer requirements, mandate early notifications if deadlines cannot be met, and add a self-help remedy for make-ready estimates. Although some rulings take effect September 25, 2025, most are awaiting Office of Management and Budget review and will become effective later. 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 Removes 1,200 more VSPs from Robocall Mitigation Database
Last week, the FCC removed more than 1,200 non-compliant voice providers from the Commission's robocall mitigation database. All voice providers must immediately cease accepting all calls from these companies. This action follows the initial removal of 185 voice providers from the list in early August. Removed providers may be permitted to refile in the database with express approval from the FCC’s Enforcement and Wireline Competition Bureaus. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Commission Adopts Regulatory Fee Assessment Report and Order
Last Friday, the FCC adopted its annual review of regulatory fee collection for FY2025. The regulatory fee schedule was first proposed by the Commission in June through a Notice of Proposed Rulemaking (NPRM). Most notably, the adopted Order rejected proposals by the National Association of Broadcasters and other industry members to add new regulatory fee categories to expand the base of fee payors to include tech companies and broadband service providers. The Commission also rejected proposals to require fees be paid by manufacturers or “others that hold equipment authorizations,” stating that the Commission had no means or methods to segment and calculate this new fee category accurately. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Members of Congress Request Clarification of BEAD Policy Guidance
Last Tuesday, ten Democratic Congress members wrote a letter to Secretary of Commerce Howard Lutnick and NTIA Administrator Arielle Roth asking for clarification on recent BEAD Restructuring Policy Notice (BRPN) issued by NTIA in June. In particular, the members requested NTIA issue further guidance on the proper use of previously nondeployment funds, which the BPRN rescinded pending review. The members stated that Congress explicitly provided flexibility in the Infrastructure Investment and Jobs Act for the use of nondeployment funds and that NTIA’s 2022 Notice of Funding Opportunity (NOFO) provided further guidance that BEAD funding could be used for a variety of nondeployment critical purposes related to broadband connectivity, including cybersecurity training, workforce development, and accessibility measures. The letter indicated that absent further clarity, States are left without instruction for their new proposals on how to spend remaining BEAD funds for nondeployment purposes. 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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