Communications and Technology Alert: SCOTUS FCC Fee Enforcement; Increased Power for Unlicensed 6 GHz Devices; RMD Effectiveness Final Rule; UAS Added to Covered List; Team Telecom Enforcement [Vol. XXIII, Issue 2]
Supreme Court to Hear Commission Fee Authority Case
Last week, the Supreme Court announced that it would hear a challenge to the Commission’s fee enforcement mechanism. Verizon, T-Mobile, and AT&T have each brought lawsuits challenging tens of millions of dollars in fines issued by the Commission on the basis that it is unconstitutional to issue such fines without a jury trial. The Supreme Court will have the opportunity to settle a circuit split between the D.C. and Second Circuits, which both previously decided the Commission’s fee mechanism was constitutional, and the Fifth Circuit Court, which sided with the carriers. If the Supreme Court decides the mechanism is unconstitutional, it would remove the Commission’s primary enforcement mechanism. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
Commission to Vote on Increased Power for Unlicensed 6 GHz Devices
Last week, the Commission announced that it will vote on a Report and Order at its January 29th Open Meeting that would "create a new category of unlicensed devices—GVP devices—that can operate outdoors and at higher power than previously authorized devices." The Commission emphasized that the proposed "geofenced variable power" device category would provide high data rates that are suitable for "virtual reality, short-range hotspots, automation processes, and indoor location and navigation." Further, the draft item will also include a Notice of Proposed Rulemaking that would seek comment on a proposal to allow composite standard-power and low power indoor 6 GHz devices to operate with additional power. For more information, please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Commission Implements Robocall Mitigation Database Updates
Last week, the Commission announced that it would implement updated rules for the Robocall Mitigation Database (RMD) starting February 5, 2026. These new rules, which were adopted in a December 2024 Report and Order, include a $10,000 fee for the submission of "false or inaccurate information" to the database and a $1,000 fee for failure to update the database within ten business days of "any changes to required content." Further, the new rules also require providers to annual recertify that their RMD information continues to be accurate. This annual certification and any new applications to be listed on the RMD will now require a $100 filing fee. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Commission Announces Enforcement of Team Telecom Mitigation Agreement
On January 8th, The Commission announced that the agency was successful in enforcing a Team Telecom mitigation agreement against Marlink. In 2022, Marlink had signed a Letter of Agreement as part of a Team Telecom review to enter into a mitigation agreement to restrict foreign employee access to U.S. critical communications infrastructure but violated the agreement due to “inadequate screening procedure(s).” As a result of a referral from the Department of Justice’s National Security Division and subsequent Commission investigation, the Commission was able to enforce the mitigation agreement, resulting in a Consent Decree requiring Marlink to pay a voluntary contribution and enter a compliance plan to avoid further violations of the agreement. In a press release, Chairman Brendan Carr noted that enforcing such mitigation agreements are critical to enforcing the nation’s economic and national security priorities. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Commission Adds UAS and UAS Critical Components to Covered List, Issues Exemptions
On December 22nd, the Commission updated its Covered List to prohibit UAS and UAS critical components produced in a foreign country from obtaining new equipment authorizations. The additions were prompted by a National Security Determination from Executive and national security agencies stating that foreign-manufactured UAS and UAS critical components posed an unacceptable risk to national security and the safety of U.S. persons. Following last month’s action, the Commission further updated the Covered List on January 7th to remove two sub-categories from the initial determination: UAS and UAS critical components listed on the Defense Contract Management Agency’s Blue UAS Cleared List and those qualifying as “domestic end products” under the Buy American Standard. 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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