Communications and Technology Alert: Upper C-Band Transition NPRM Circulated; CALEA Order on Reconsideration; NTIA Administrator BEAD Comments; Submarine Cable Rules Effective Date [Vol. XXII, Issue 44]

Communications and Technology Regulatory Recap: Section 253 Notice of Inquiry

Keller and Heckman LLP’s Communications and Technology Practice continues its series of webinar updates regarding recent changes in leadership, policy, and regulations in the communications industry. For this week’s Regulatory Recap, Partner Sean Stokes (stokes@khlaw.com; 202.434.4193) examines the FCC’s Section 253 Notice of Inquiry (NOI) to remove barriers to wireline deployments. 

Carr Circulates Draft Proposal to Auction Additional Upper C-Band Spectrum

Last Wednesday, Chairman Brendan Carr announced the circulation of a draft Notice of Proposed Rulemaking (NPRM) proposing to auction additional mid-band spectrum in the Upper C-Band. The proposal specifically targets up to 180 MHz of spectrum in the 3.98-4.2 GHz band for next-generation wireless services and builds upon Commission priorities to auction at least 100 MHz in the Upper C-Band by July 2027, as required under the One Big Beautiful Bill. In addition to seeking comment on auctioning the reconfigured portions of the band, the NPRM will seek input on incumbent protections, licensing and operating rules, and technical parameters for new wireless services. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).

Commission To Vote on Reversing Cybersecurity Declaratory Ruling

In a blog post published last Wednesday, Chairman Brendan Carr announced that the Commission would vote on reversing a Declaratory Ruling issued last January which imposed new cybersecurity requirements on telecommunications providers in the wake of the Salt Typhoon cyberattacks. The Declaratory Ruling had concluded that Section 105 of the Communications Assistance for Law Enforcement Act (CALEA) requires carriers to secure their networks from untrusted equipment and unlawful access to communications. The Declaratory Ruling was coupled with a NPRM requesting input on specific cybersecurity and supply chain risk management requirements, applied to a broader set of service providers. Chairman Carr intends to hold a vote next month to reconsider both Commission actions, noting that the Declaratory Ruling was an ineffective and overbroad response to the cyberattacks, and did not properly consider industry concerns. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).

NTIA Head Predicts BEAD Grants Distribution Before the End of 2025

Last week, Arielle Roth, the Administrator of the National Telecommunications and Information Administration (NTIA), said in a speech at the Hudson Institute that NTIA is on track to begin getting BEAD "money out the door" before the end of the year. Roth criticized the Biden Administration for regulatory red tape delaying the program. During the speech, Roth also highlighted a number of program requirements that she says will speed deployments including a permitting tool that will "allow up to 95% of BEAD projects to automatically gain NEPA approval" and requirements that states exempt BEAD providers from "broadband-specific economic regulations, such as price regulations and net neutrality." For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).  

Submarine Cable Rules to Take Effect November 26th

Last week, the Commission published a Final Rule in the Federal Register reflecting a Report and Order reviewing submarine cable landing license rules. The Final Rule will take effect on November 26, 2025. The Final Rule "adopts rule changes to protect critical U.S. communications infrastructure against foreign adversary threats,” including annual report submissions, a one-time information collection to identify submarine line terminal equipment (STLEs), and requirements to implement and update a cybersecurity and physical security risk management plan. Additionally, the Commission announced the deadlines for comments (November 26th) and reply comments (December 26th) in a Further Notice of Proposed Rulemaking (FNPRM) related to the security of submarine cables. The FNPRM proposes additional actions to secure submarine cables against "foreign adversaries" and proposes to create a new regulatory framework that would grant blanket licenses in some cases. 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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