Communications and Technology Alert: Tentative August Open Meeting Agenda; Telecom Bills Pass House of Representatives; Senate Invoke Cloture for NTIA Nomination; CGB Deletes Consumer Consent Rule [Volume XXII, Issue 29]

Communications and Technology Regulatory Recap: Tower Siting and NEPA

Keller and Heckman LLP’s Communications and Technology Practice is launching a series of webinar updates regarding recent changes in leadership, policy, and regulations in the communications industry. For this week’s Regulatory Recap Partner Tim Doughty (doughty@khlaw.com; 202.434.4271) discusses an active FCC rulemaking proceeding that may significantly change its implementation of NEPA and the NHPA.

FCC Releases Tentative August Open Meeting Agenda

The FCC is expected to consider eight items at next month’s Open Meeting, including a Notice of Proposed Rulemaking (NPRM) that would streamline the National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA) infrastructure permitting processes. The NPRM seeks comment on a variety of Commission procedures, including whether geographic area spectrum licenses should continue to be considered a “major federal action” under its implementation of NEPA. Additionally, Commissioners may consider a Notice of Inquiry (NOI) that would seek comment on a variety of changes to the annual report the FCC develops about the availability of advanced telecommunications capabilities for all Americans. The NOI seeks comment on proposals that would refocus the report on the capabilities that are being deployed as opposed to those that have already been deployed, as well as comments on what the correct benchmarks are for determining is a service is an advanced telecommunications service or not. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202-434-4271).

House of Representatives Passes Five Telecom Bills

Last week, the House passed a number of bipartisan bills that aim to improve the security of the nation's telecommunications networks and infrastructure. The Understanding Cybersecurity of Mobile Networks Act would require the National Telecommunications and Information Administration to submit a report on the cybersecurity capabilities of mobile networks. The NTIA Policy and Cybersecurity Act would create an Office of Policy Development and Cybersecurity, headed by an Associate Administrator responsible for conducting and coordinating market based research and recommendations on network supply chains, cybersecurity resiliency, and other ad-hoc issues. The House also passed bills focused on improving precision agriculture with satellite technology, improving emergency communications, incentivizing Open RAN, and improving US leadership in telecom standards-setting bodies. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202-434-4271).

Senate Votes to Limit Debate on NTIA Nomination

Last Thursday, the Senate voted 50-34 invoking cloture on the nomination of Arielle Roth for Chief of the National Telecommunications and Information Administration (NTIA), limiting debate to thirty hours. The invocation of cloture permits the Senate to move forward with a confirmation vote after debate. Ms. Roth’s nomination was advanced out of the Senate Commerce Committee in April, where she faced criticism from Democratic lawmakers over preserving state funding for BEAD programs, which has since been reworked in light of NTIA’s recently issued BEAD policy guidance. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).  

FCC Removes Consumer Consent Rule in Delete-Delete-Delete Proceedings

Last Monday, the Consumer and Government Affairs Bureau issued an Order in the “In re: Delete, Delete, Delete” proceedings that revised an individual consumer consent provision under the Commission’s Telephone Consumer Protection Act (TCPA) rules. In 2023, the FCC adopted rules that limited consumer consent only to the company directly requesting the ability to contact, and did not extend consent to the company’s partners or affiliates. In the Eleventh Circuit’s decision in Insurance Marketing Coalition Limited v. FCC, the court agreed this provision was too broad and conflicted with the scope of “prior consent” under the TCPA. The Bureau’s order complies with the Eleventh Circuit’s decision and removes restrictions limiting consent to “no more than one identified seller” to align with the purpose of the TCPA. For more information, please contact Tracy Marshall (marshall@khlaw.com; 202.434.4234) or Tim Doughty (doughty@khlaw.com; 202.434.4271).

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