Communications and Technology Alert: September Open Meeting Agenda; TCPA Consent Revocation Report and Order; HHS RFI on EMF Exposure; Section 253 NPRM Comments [Vol. XXIII, Issue 39]
Commission Releases Final Agenda for September Open Meeting
Last Wednesday, the Commission released the Meeting Agenda for its September Open Meeting, scheduled for Wednesday, September 30th at 10:30 AM ET. The agenda consists of five items, including consideration of a Report and Order and Further Notice of Proposed Rulemaking overhauling the Commission’s implementation of the National Environmental Policy Act (“NEPA”) and requesting comment on additional updates to the implementation of the National Historic Preservation Act (“NHPA”). The agenda also includes consideration of a Notice of Proposed Rulemaking seeking comment on modernization of the unlicensed Ultra-Wideband (“UWB”) device regulations, and a Notice of Inquiry exploring further modernization of the Commission’s 9-1-1 framework, among other items. For more information, please contact Tim Doughty (doughty@khlaw.com; 202.434.4271) or Wes Wright (wright@khlaw.com; 202.434.4239).
Industry Association Responds to TCPA Consent Revocation Report and Order
On September 30, the Commission will consider adopting a Report and Order which modernizes the Commission’s TCPA rules regarding providing and processing consent revocation requests. The Report and Order would allow callers to receive and interpret revocation requests from consumers for specific categories of informational robocalls, and create an “exclusive means to revoke consent.” The Report and Order would also modify the consent requirement exemption for financial institutions to streamline customer alerts for fraudulent activity. Last Tuesday, the Edison Electric Institute (“EEI”) filed an ex-parte letter expressing support for the Report and Order, specifically the Commission’s decision to “eliminate the current “revoke all” framework for informational calls and text messages” as well as requiring unique channels to effective revoke consent, such as through a caller’s website or telephone number. For more information, please contact Tim Doughty (doughty@khlaw.com; 202.434.4271) or Wes Wright (wright@khlaw.com; 202.434.4239).
HHS Releases RFI on EMF Exposure and Human Health
On September 17, the Commission released a Public Notice requesting comment on the Commissions’ current radiofrequency (“RF”) exposure limits and standards, implemented alongside the agency’s National Environmental Policy Act (“NEPA”) regulations (C&T Alert, September 21). The Public Notice specifically sought to “refresh the record” on issues raised in the 2021 decision in Environmental Health Trust v. FCC, which maintained the Commission’s current RF safety rules. This week, the Department of Health and Human Services (“HHS”) has released a Notice of Request for Information (“RFI”) seeking information on electromagnetic field (“EMF”) emissions and exposure, particularly from RF-emitting and wireless devices. HHS stated that the RFI will help inform the Department’s national and international safety standards as well as identify gaps in research and public policy. Comments in the RFI are due no later than October 21, 2026. For more information, please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178).
Industry, Government Entities and Public Power Utilities Split on FCC’s Section 253 Preemption NPRM
Last week, comments were filed in the Commission’s Notice of Proposed Rulemaking, seeking to preempt perceived barriers by state and local governments to the deployment of wireline telecommunications infrastructure in violation of Section 253 of the Communications Act. While industry generally supported adoption of a preemption framework placing limits on the time period for issuing permits to access rights-of-way and municipal infrastructure, such as utility poles, as well as well as limiting the costs for such access to actual and direct cost recovery, there was strong opposition voiced by myriad state and local government entities, and public power utilities, including the American Public Power Association. 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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