Communications and Technology Alert: Power Inverters, ARDs Added to Covered List; August Open Meeting Agenda; IM Telecom Lifeline Subsidy Prohibition; Data Breach Order En Banc Review [Vol. XXIII, Issue 31]
PSHSB Adds Power Inverters, Advanced Robotic Devices to Covered List
Last Tuesday, the Commission’s Public Safety and Homeland Security Bureau (PSHSB) released a Public Notice announcing that certain foreign-produced power inverters and advanced robotic devices would be added to the Commission’s Covered List. The addition of the covered equipment was supported by a National Security Determination which found that foreign-produced power inverters posed unacceptable risks to national security due to the “lack of a secure U.S. supply chain for inverters” and the importation of foreign-produced equipment with remote vulnerabilities. The Determination also found extensive vulnerabilities in foreign produced advanced robotic devices which could “manipulate the date and physical operation” of the equipment. For more information, please contact Tim Doughty (doughty@khlaw.com; 202.434.4271) or Wes Wright (wright@khlaw.com; 202.434.4239).
Commission Finalizes August Open Meeting Agenda
Last week, the Commission announced that it will consider four items at its August 6, 2026, Open Meeting. First, the Commission will consider a proposal to open more than 200 megahertz of unlicensed spectrum for direct-to-device (D2D) communications with satellites and clarify how certain unlicensed devices may operate in space. Second, the Commission will consider reforms to improve the administration of the Universal Service Fund, including potential changes to management processes, operating costs, and the role of the Universal Service Administrative Company (USAC) Board. Third, the Commission will consider a Report and Order to replace the National Television Multiple Ownership Rule, a move intended to give broadcast television owners greater flexibility to attract investment, expand audience reach, and strengthen local programming. Finally, the Commission will consider measures to promote telehealth in rural areas by reducing administrative burdens in the Rural Health Care Program and improving management of limited program funding as participation and costs continue to grow. For more information, please contact Tim Doughty (doughty@khlaw.com; 202.434.4271) or Wes Wright (wright@khlaw.com; 202.434.4239).
Commission Revokes Lifeline Subsidies from Major Provider
Last Monday, the Commission announced that IM Telecom would be prohibited from receiving future Lifeline subsidies after finding multiple violations of the Lifeline program rules and regulations. The Commission stated that IM Telecom conducted unlawful behaviors which included the failure to obtain subscriber consent before enrolling them in services, creating payment schemes to evade non-usage rules, changing corporate control without obtaining federal approvals, and using bots to evade limits previously imposed on IM Telecom’s applications. The Commission is working alongside the Universal Service Administrative Company (USAC) to obtain disclosures from IM Telecom to update subscriber information and de-enroll certain subscribers. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
Sixth Circuit Grants Review of Commission Data Breach Order
Last week, the Sixth Circuit Court of Appeals agreed to an en banc review of a previous panel decision on a Commission order which expanded data breach reporting requirements to include personally identifiable information (PII), in addition to customer proprietary network information (CPNI). The panel decision reached in 2025 found that the Communications Act granted the Commission the authority to issue rules, such as those found in the Data Breach Order, prohibiting unjust or unreasonable “practices…in connection with [a] communications service.” After the 2025 decision, the court granted a request from the Commission to hold the case in abeyance while the order was reviewed internally. Oral arguments in the granted en banc review are scheduled for October 21, 2026. For more information, please contact Tim Doughty (doughty@khlaw.com; 202.434.4271) or Wes Wright (wright@khlaw.com; 202.434.4239).
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