Communications and Technology Alert: Wireless Infrastructure NOI; September Open Meeting Agenda; T-Mobile Consent Decree; WCB Orders USF Clawback Payments; Enhancing First Response Act [Volume XXII, Issue 37]
FCC Releases NOI Seeking Comment on Opening Public Rights-of-Way to Wireless Infrastructure
Last week, the FCC released a Notice of Inquiry (“NOI”) seeking comment on the fees, delays, and conditions imposed by state and local governments on wireless telecommunications providers seeking to access public rights-of-way. Further, the Commission is seeking comment on whether these local rules constitute a violation of Section 253 of the Communications Act, which prohibits local rules from "having the effect of prohibiting any entity to provide any interstate or intrastate telecommunications service." This NOI aims to build on the Commission's 2018 Small Wireless Facilities proceeding that aimed to speed the deployment of small cells by streamlining state and local approvals. Comments are due on November 17th, 2025, and reply comments are due on December 17th. For more information, please contact Sean Stokes (stokes@khlaw.com; 202.434.4193).
Chairman Carr Announces Tentative September Open Meeting Agenda
In a press release on September 9th, FCC Chairman Brendan Carr announced that the Commission would tentatively consider five items during the upcoming Open Meeting scheduled for September 30th, 2025. The agenda includes deleting obsolete wireline carrier regulations through the Delete-Delete-Delete proceedings, a third Further Notice of Proposed rulemaking (“FNRPM”) to consider utilizing wireless jamming solutions in correctional facilities to prevent the use of contraband devices, and a Notice of Proposed Rulemaking (“NPRM”) reviewing the current state of broadcast ownership rules. Additionally, the Commission is considering a Notice of Inquiry (“NOI”) examining state and local regulations related to streamlined wireline deployments, as well as an NPRM addressing state and local regulations on wireless deployments. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
T-Mobile Settles FCC Investigation into Marketing and Sale of Unauthorized Phones
Last week the FCC released a Consent Decree with T-Mobile US, Inc. (“T-Mobile”) settling an investigation into the carrier’s marketing and sale of the REVVL 7 PRO 5G smartphone prior to receipt of an FCC equipment authorization. Section 2.803(b)(1) of the FCC’s Rules prohibits, with very few exceptions, the marketing of both intentionally radiating and unintentionally radiating RF devices unless the device has first been properly authorized and labeled. The settlement requires T-Mobile to implement a rigorous compliance training program, including regular reporting and compliance training. For more information, please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178).
Commission Orders $9 million in USF Repayments
On September 10th, the Wireline Competition Bureau (WCB) announced that seven phone companies would be ordered to repay over $9 million in Universal Service Fund (“USF”) funding, after conducting an audit of high-cost support payments provided to carriers. The Commission noted that the carriers in question were mainly legacy rate-of-return local exchange carriers serving rural areas but had failed to comply with Commission rules regarding affiliate transactions, property valuations, and other cost accounting regulations. In the accompanying press release to the orders, Chairman Carr noted that the audit of legacy rate-of-return programs is a temporary solution and hopes the Commission will transition towards fixed support models to increase efficiency and transparency. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
Senate Passes Bill Reclassifying 911 Dispatchers as First Responders and Requiring the Commission to Issue New DIRS Reports
Last week, the Senate, by unanimous consent, passed the Enhancing First Response Act. This Bill directs the Office of Management and Budget to categorize 9-1-1 professionals as a Protected Service Occupation in the federal Standard Occupational Classification (“SOC”) system. This is the classification for occupations that provide protection to the public. The Bill would also require the Commission to issue a report following any activation of the Disaster Information Reporting System that lasts more than 7 days. The reports would include the number and duration of outages of various services, as well as the number of users and infrastructure affected by the natural disaster. 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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