Communications and Technology Alert: SCOTUS Upholds FCC Authority to Issue Fines; NPRM Limiting Local ROW Authority; NG911 Reliability Report and Order; June Open Commission Meeting Tentative Agenda [Vol. XXIII, Issue 23]
Supreme Court Preserves Commission Authority to Impose Fines
Last Thursday, the U.S. Supreme Court ruled 8–1 in FCC v. AT&T that the Federal Communications Commission can impose fines on telecom companies through its internal enforcement process without first providing a jury trial. The case centered on penalties issued against AT&T and Verizon over their handling of customer location data, with the companies arguing the system violated their constitutional rights. Writing for the majority, Chief Justice John Roberts said the Commission’s orders do not become binding until the government seeks to enforce them in court, at which point a jury trial is available, meaning the process complies with the Seventh Amendment. The decision resolves a split among lower courts and preserves the Commission’s longstanding authority to investigate and penalize companies, with broader implications for how federal agencies enforce regulatory laws. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
Commission Proposes Rule Limiting Local ROW Authority
Last Thursday, the Commission released a draft Notice of Proposed Rulemaking (NPRM) proposing to use Section 253 to regulate state and local rights of way (ROW) permitting, including access to municipal utility poles and conduits for wireline providers. Section 253 authorizes the Commission to preempt state or local requirements that “have the effect of prohibiting the provision of wireline telecommunications services.” The NPRM builds on a Notice of Inquiry (NOI) issued last fall that sought comment on these issues. Based on that record, the Commission now proposes adopting presumptions that would limit the timelines and fees state and local governments may impose for authorization processes. For more information, please contact Sean Stokes (stokes@khlaw.com; 202.434.4193) or Thomas Magee (Magee@khlaw.com; 202.434.4128).
Commission Releases NG911 Reliability Rules
Last week, the Commission released a Second Report and Order implementing rules to safeguard the reliability of Next Generation 911 (NG911) networks. The rules include updating the definition of a “covered 911 service provider” (C9SP) to include “functional equivalents” of legacy routing and location services, as well as NG911 transport facilities and other entities which help operate critical NG911 pathways. The rules also modernized reliability standards to meet the services provided by IP-based C9SPs. In addition to the Report and Order, the Commission also adopted a Second Further Notice of Proposed Rulemaking (FNPRM), seeking comment on interoperability testing and standards, as well as integration of DVC-to-911 capabilities into the reliability regulations. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239).
Commission Announces Tentative Agenda for June Open Meeting
Last Week, the Commission announced the tentative agenda for the June Open Commission Meeting, scheduled for Thursday, June 25, 2026. In addition to considering a Notice of Proposed Rulemaking (NPRM) seeking comment on limitations to state and local permitting statutes, and a Report and Order implementing NG911 reliability rules, the agenda includes consideration of NPRM seeking comment on methods to protect children when using E-Rate funded networks, as well as a NPRM seeking comment on modernizing the Emergency Alert System and Wireless Emergency Alerts. The Commission may also consider a Second Report and Order and Further Notice of Proposed Rulemaking focused on accelerating the buildout of secure submarine cable infrastructure. 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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