Communications and Technology Alert: Section 224 Pole Attachment Public Notice; Enforcement Bureau RMD Violation Order; AWS-3 Auction Update; 4 GHz Spectrum Pipeline Plan [Vol. XXIII, Issue 24]
Commission Issues Section 224 Pole Attachment Public Notice
Last Thursday, the Commission’s Wireline Competition Bureau (WCB) issued a Public Notice reminding states to issue and enforce their regulatory authority over pole attachments, including regulating the rates, terms and conditions of pole attachments and creating procedures for resolving complaints. The WCB noted that while the Commission has taken steps to streamline broadband deployment, including revisions to their pole attachment rules, 23 states and D.C. have reverse-preempted Commission jurisdiction over pole attachment regulations and thus implement their own pole attachment regulations. Section 224(c) of the Communications Act of 1934 requires states, who regulate pole attachments in different ways, to certify they will implement effective regulatory authority in the interest of subscribers and consumers of utility services. For more information, please contact Thomas Magee (Magee@khlaw.com; 202.434.4128) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
Enforcement Bureau Issues RMD Certification Order to Mexico IP
Last week, the Commission’s Enforcement Bureau issued an Order to Show Cause requiring Mexico IP to demonstrate why it should continue to retain its Robocall Mitigation Database certification in light of deficient filings and applications. Under the Commission’s rules, voice service providers and other covered entities must provide specific information for a valid RMD certification, including reasonable steps to avoid originating, carrying, or processing illegal robocall traffic, as well as respond to all traceback requests from the Commission. A valid RMD certification is one of many requirements for an application to obtain direct access to numbers from the North American Numbering Plan (NANP). The Enforcement Bureau found that Mexico IP did not submit a proper application, nor identified past law enforcement investigations and actions in its RMD recertification, as well as falsified a subsequent notice of numbering authorization to obtain access to NANP. As a result, the Enforcement Bureau found willful violations of the RMD rules. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
AWS-3 Auction Exceeds 1.3 Billion in Gross Bids
Last week, bidding continued in the Commission’s Auction 113 for 200 mid‑band spectrum licenses in the 1695–1710 MHz, 1755–1780 MHz, and 2155–2180 MHz blocks. As of last Friday, gross bids reached $1,332,565,000, with 17 bidders remaining eligible, including the three major carriers—AT&T, T‑Mobile, and Verizon—as well as SpaceX. Auction 113 is a re‑auction of spectrum that was originally licensed in 2014–2015 and later returned to the Commission, meaning the inventory has remained largely unused and is now being reintroduced to the market. For more information, please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
NTIA Conveys 4 GHz Spectrum Pipeline Plan to OMB
Last Wednesday, the National Telecommunications and Information Administration (NTIA) announced that it had submitted "Technical Panel Plans" for the repurposing of federal 4 GHz spectrum to the Office of Management and Budget (OMB) as part of the 2025 Working Families Tax Cut Act, which requires that 200 MHz of federal spectrum be repurposed for private use. Once approved by OMB, the announcement states that "12 different federal agencies and departments will receive funding to study repurposing a large section of contiguous spectrum within this band." NTIA also reports that studies are ongoing in the 7 GHz, 2.7 GHz, and 1675-1695 MHz bands for similar repurposing. This announcement was made as part of a larger document that explains the history of spectrum management in the United States. For more information, please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
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