President issues Executive Order on authority over independent agencies

On February 18, 2025, President Trump signed an executive order stating that all executive departments and agencies, including the Federal Communications Commission and other independent agencies, must “submit for review all proposed and final significant regulatory actions to the Office of Information and Regulatory Affairs (OIRA) within the Executive Office of the President before publication in the Federal Register,” and directing the Office of Management and Budget (OMB) to establish performance standards and management objectives for independent agency heads. Other provisions of the EO require regulatory agency heads to establish a new “White House Liaison” position, submit agency strategic plans to OMB for clearance prior to finalization, and direct OMB to adjust independent agencies' apportionments to ensure tax dollars are spent consistent with Presidential policies. In addition, the EO states that “the President and the Attorney General, subject to the President's supervision and control, shall provide authoritative interpretations of law for the executive branch. The President and the Attorney General's opinions on questions of law are controlling on all employees in the conduct of their official duties. No employee of the executive branch acting in their official capacity may advance an interpretation of the law as the position of the United States that contravenes the President or the Attorney General's opinion on a matter of law, including but not limited to the issuance of regulations, guidance, and positions advanced in litigation, unless authorized to do so by the President or in writing by the Attorney General.” 

FCC AND THE RIGHT TO TRIAL BY JURY BEFORE AN ARTICLE III COURT

Posted by CommLaw | Apr 22, 2025 | 0 Comments

On April 17, 2025, the U.S. Court of Appeals for the Fifth Circuit issued an opinion, AT&T v. FCC, that will likely have broad implications for the ability of the FCC to assess forfeitures for violations of its regulations. The FCC had issued a forfeiture order of $57 million against AT&T for vio...

FCC ANNOUNCES END TO AFFORDABLE CONNECTIVTY PROGRAM

Posted by CommLaw | Mar 12, 2024 | 0 Comments

On March 4, 2024, the FCC released a Public Notice announcing that the last full month of reimbursements for low-income households enrolled in the Affordable Connectivity Program (ACP) will be April 2024. Providers are required to send three written wind-down notices to all ACP subscribers. The ...

FCC Seeks Comment on Access to Spectrum Inventory

Posted by CommLaw | Mar 11, 2024 | 0 Comments

The FCC is seeking public comment on ways to facilitate access to spectrum in light of the lapse, effective March 9, 2023, of its authority to utilize auctions to issue spectrum licenses. Comments are due April 8, 2024, and reply comments are due April 22, 2024. Specifically, in a March 7, 2024 ...

FCC Updates Rules for 70/80/90 GHz Bands

Posted by CommLaw | Feb 06, 2024 | 0 Comments

The FCC recently revised its rules governing operations in the 70/80/90 GHz band to allow for more intensive use of these bands, including allowing services to endpoints in motion. With certain exceptions, the rules adopted in the Report and Order (R&O) in WT Docket No. 20-133 will become effecti...

NTIA CLARIFIES USE OF CBRS GAA SPECTRUM UNDER BEAD PROGRAM

Posted by CommLaw | Nov 28, 2023 | 0 Comments

On November 9, 2023 the National Telecommunications and Information Agency (NTIA) released an updated Frequently Asked Questions (FAQs) clarifying the use of Citizens Band Radio Service (CBRS) spectrum and the $42.5 billion Broadband Equity, Access, and Deployment (BEAD) program.  Under the NTIA'...

FCC Proposes to Re-Institute Net Neutrality Rules

Posted by CommLaw | Oct 03, 2023 | 0 Comments

At its next monthly meeting, scheduled for October 19, 2023, the FCC will consider a Notice of Proposed Rulemaking (WC Docket No. 23-320) to reestablish its authority over broadband Internet access service (BIAS) by classifying it as a telecommunications service subject to regulation under Title ...

FCC Adopts Enhanced ACP Broadband Discounts for High-Cost Areas

Posted by CommLaw | Aug 18, 2023 | 0 Comments

On August 3, 2023, the Federal Communications Commission adopted a Sixth Report and Order reforming the Affordable Connectivity Program (ACP) rules to provide for an enhanced benefit of up to $75 per month for broadband services to eligible households located in high-cost areas.  To receive the b...

FCC Initiates Proceeding on Measuring Spectrum Use

Posted by CommLaw | Aug 16, 2023 | 0 Comments

The Federal Communications Commission recently released a Notice of Inquiry (WT Docket No. 23-232) seeking comment on whether and how the FCC should improve its understanding of spectrum usage by FCC licensees and others subject to FCC jurisdiction. Comments on the NOI are due October 3, 2023, and reply comments are due November 2, 2023.

BEAD Milestone Met: What’s Next?

Posted by CommLaw | Jun 29, 2023 | 0 Comments

On June 26, 2023, the U.S. National Telecommunications Information Agency (NTIA) announced the allocation of $42.45 billion among the fifty states, the District of Columbia, and five U.S. territories, for infrastructure projects to deliver broadband to unserved and underserved communities under t...

FCC ADOPTS ADDITIONAL RESTRICTIONS ON EXCLUSIVE ACCESS TO MTES

Posted by CommLaw | Feb 24, 2022 | 0 Comments

The FCC adopted rules prohibiting providers from entering into enforcing two types of revenue sharing agreements -- graduated revenue sharing agreements and exclusive marketing arrangements -- with MTE owners that amount to de facto exclusive access agreements and require providers to disclose the existence of exclusive marketing arrangements. The FCC also clarified that existing cable inside wiring rules prohibit “sale-and-leaseback” arrangements.

Executive Order on Promoting Competition in the American Economy Includes Recommendations Urging FCC to Reinstate Open Internet Rules

Posted by CommLaw | Jul 14, 2021 | 0 Comments

President Biden on July 9, 2021 issued an Executive Order establishing a “whole-of-government” framework to coordinate Federal government efforts to address overconcentration, monopolization, and unfair competition affecting the U.S. economy. Policies. The Order finds that industry consolidation...

FCC Relaxes Equipment Importation and Marketing Rules

Posted by CommLaw | Jun 22, 2021 | 0 Comments

The Federal Communications Commission last week adopted a Report and Order updating its equipment rules to allow more radiofrequency devices to be imported prior to equipment authorization for pre-sale activities, and to expand the scope of conditional sales contracts prior to equipment authoriza...

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