Communications and Technology Alert: TCPA Online Fax Order on Reconsideration; E-Rate Program NPRM; Drone and Router Covered List Update; Cyber Attack on Critical Infrastructure Warning [Vol. XXIII, Issue 34]
Commission Reinstates TCPA Petitions on Online Fax Services
Last week, the Commission’s Consumer and Government Affairs Bureau announced they would reconsider certain Petitions for Review filed to challenge a 2020 Commission decision which found that unsolicited advertisements sent using online fax services do not violate the Telephone Consumer Protection Act (TCPA). The Bureau previously dismissed the 11 total petitions on May 12, 2026, after finding that relief being sought in the petitions was “moot or outdated.” On June 11, 2026, the petitioners filed separate petitions for reconsideration because they were not provided with enough notice of the pending dismissal and that the issues raised were not moot or outdated. The Bureau decided to revisit the petitions to consider new facts and arguments in the public interest. For more information, please contact Tim Doughty (doughty@khlaw.com; 202.434.4271) or Wes Wright (wright@khlaw.com; 202.434.4239).
Commission Seeks Comment on Changes to E-Rate Program
Last week, the Federal Register formally published the Commission’s request for comment seeking input on strengthening and streamlining the E-Rate program. The Notice of Proposed Rulemaking (NPRM), approved back in June, seeks comment on children’s online safety when using E-Rate funded networks and services, as well as if existing Children’s Internet Protection Act (CIPA) provisions are adequate to prevent children from accessing inappropriate and harmful content on E-Rate networks. The NPRM also requests comment on overarching changes, such as narrowing or potentially sunsetting the E-Rate program itself, and addressing whether E-Rate funded networks are meeting the educational goals set out by the Commission. Comments are due on or before October 13, 2026, while reply comments are due on or before November 12, 2026. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
Commission Removes More Drones and Routers from Covered List
Last Friday, the Commission’s Public Safety and Homeland Security Bureau (PSHSB) announced additional Conditional Approvals exempting certain uncrewed aircraft systems (UAS) and routers from the Commission’s Covered List. Since last December, the Covered List has included all foreign-produced UAS and UAS critical components, as well as routers produced in a foreign country, unless they receive a determination that they do not pose unacceptable risks to U.S. national security. PSHSB previously established a process allowing manufacturers to seek Conditional Approvals from the Department of War (DoW) or the Department of Homeland Security (DHS). In this latest round, DoW granted Conditional Approval to Ascento, Inc.’s Ascento Guard Dori USA v1 UAS and WNC Corporation’s LVR5A, LVM9, and LV85C Wi-Fi routers, resulting in their exemption from the Covered List. The Bureau updated the Covered List accordingly and noted that UAS Conditional Approvals remain effective so long as recipients comply with approved onshoring plans and ongoing vetting requirements. For more information, please contact Tim Doughty (doughty@khlaw.com; 202.434.4271) or Wes Wright (wright@khlaw.com; 202.434.4239).
Federal Agencies Alert Critical Infrastructure to Siemens PLC Attacks
Last Wednesday, CISA, the NSA, FBI, DOE, and EPA issued a cybersecurity advisory warning of an active threat targeting Siemens S7 Series programmable logic controllers (PLCs) used across critical infrastructure sectors, including energy, manufacturing, water, chemical, and agriculture. According to the advisory, threat actors are using AI-generated exploitation scripts and publicly available industrial automation tools to identify and target Internet-exposed Siemens PLCs, conduct reconnaissance, and develop capabilities for future disruptive operations. The agencies warned that successful exploitation could result in operational disruptions, safety incidents, equipment damage, theft of sensitive operational data, and cascading impacts across interconnected critical infrastructure systems. To mitigate the threat, the advisory urges organizations to inventory Siemens PLCs, apply security patches, remove Internet exposure, strengthen access controls, monitor for anomalous activity, and implement additional hardening measures designed to protect operational technology environments. For more information, please contact Tim Doughty (doughty@khlaw.com; 202.434.4271) or Wes Wright (wright@khlaw.com; 202.434.4239).
To sign up for our weekly alert, please send us an email at CommTechLawAlert@khlaw.com and provide us with your name and email.