On December 19, New York Governor Kathy Hochul (D) signed the Responsible AI Safety & Education (“RAISE”) Act into law, making New York the second state in the nation to codify public safety disclosure and reporting requirements for developers of frontier AI models. Prior to signing, Governor Hochul secured several
Continue Reading New York Governor Signs Frontier AI Safety Legislation
California Governor Signs Landmark AI Safety Legislation
On September 29, California Governor Gavin Newsom (D) signed into law SB 53, the Transparency in Frontier Artificial Intelligence Act (“TFAIA”), establishing public safety regulations for developers of “frontier models,” or large foundation AI models trained using massive amounts of computing power. TFAIA is the first frontier model safety
Continue Reading California Governor Signs Landmark AI Safety LegislationCalifornia Privacy Protection Agency Asks Court to Enforce its Subpoena Authority
Earlier this month, the California Privacy Protection Agency (“CPPA”) filed a petition in Sacramento County Superior Court to enforce an investigative subpoena against Tractor Supply Company (“Tractor Supply”). Continue Reading California Privacy Protection Agency Asks Court to Enforce its Subpoena Authority
FCC Seeks Comment on Opening Up Spectrum for Satellite Broadband
Updated June 27, 2025. Originally posted May 28, 2025.
At an Open Meeting in May, the Federal Communications Commission (FCC) unanimously adopted a Further Notice of Proposed Rulemaking (FNPRM) that proposes to permit more intensive and efficient use of the 12.7 GHz and 42 GHz bands by satellite communications, either as an alternative or complement to terrestrial wireless. Chairman Carr emphasized that, if adopted, the Proposed Rule would make 20,000 megahertz of spectrum available for satellite-based services, which Chairman Carr characterized as a necessary step for U.S. leadership in spectrum and a clear sign to China. Carr stated that the additional spectrum, in conjunction with other actions the FCC is taking across multiple spectrum bands, would protect American technological leadership. Comments may be filed on or before July 28, 2025, and reply comments may be filed on or before August 26, 2025, as set forth in today’s Federal Register.
The FNPRM builds upon the FCC’s recent requests for comments on providing increased access to spectrum for terrestrial wireless services. This FNPRM expands upon that record to contemplate authorizing satellite communications in the 12.7 GHz and 42 GHz bands and seeks comment on the feasibility of allowing satellite communications in those bands in both the Earth-to-space and space-to-Earth directions.
The 12.7 GHz band
The 12.7 GHz band is currently allocated for satellite and terrestrial wireless uses, with limited Federal operations in the band. The 12.75-13.25 GHz portion of the band is also allocated for NASA to operate its Deep Space Network. The FCC’s U.S. Table of Frequency Allocations, which outlines how radio spectrum is allocated for use by various entities including Federal government and private sector entities, precludes fixed-satellite service (FSS) systems in geostationary orbit from using the 12.75-13.25 GHz band for domestic services. The FNPRM asks whether it is still necessary to prohibit FSS deployment in the 12.7 GHz band, or if there are other ways to protect incumbent operations without prohibiting domestic satellite operations.
This FNPRM follows the FCC’s recent efforts to more effectively utilize the 12.7 GHz band. In October 2022, the FCC released the 12.7 GHz Notice of Inquiry to solicit input on how the FCC could encourage more efficient use of the 12.7 GHz band and whether it should authorize mobile broadband in the band. In May 2023, the FCC moved forward with expanding the use of the 12.7 GHz band and issued a Notice of Proposed Rulemaking proposing to repurpose some of the 12.7 GHz band for mobile terrestrial broadband, or other uses.Continue Reading FCC Seeks Comment on Opening Up Spectrum for Satellite Broadband
FCC Seeks Comment on Opening Up Spectrum for Satellite Broadband
At an Open Meeting last week, the Federal Communications Commission (FCC) unanimously adopted a Further Notice of Proposed Rulemaking (FNPRM) that proposes to permit more intensive and efficient use of the 12.7 GHz and 42 GHz bands by satellite communications, either as an alternative or complement to terrestrial wireless. Chairman Carr emphasized that, if adopted, the Proposed Rule would make 20,000 megahertz of spectrum available for satellite-based services, which Chairman Carr characterized as a necessary step for U.S. leadership in spectrum and a clear sign to China. Carr stated that the additional spectrum, in conjunction with other actions the FCC is taking across multiple spectrum bands, would protect American technological leadership.
The FNPRM builds upon the FCC’s recent requests for comments on providing increased access to spectrum for terrestrial wireless services. This FNPRM expands upon that record to contemplate authorizing satellite communications in the 12.7 GHz and 42 GHz bands and seeks comment on the feasibility of allowing satellite communications in those bands in both the Earth-to-space and space-to-Earth directions.
The 12.7 GHz band
The 12.7 GHz band is currently allocated for satellite and terrestrial wireless uses, with limited Federal operations in the band. The 12.75-13.25 GHz portion of the band is also allocated for NASA to operate its Deep Space Network. The FCC’s U.S. Table of Frequency Allocations, which outlines how radio spectrum is allocated for use by various entities including Federal government and private sector entities, precludes fixed-satellite service (FSS) systems in geostationary orbit from using the 12.75-13.25 GHz band for domestic services. The FNPRM asks whether it is still necessary to prohibit FSS deployment in the 12.7 GHz band, or if there are other ways to protect incumbent operations without prohibiting domestic satellite operations.
This FNPRM follows the FCC’s recent efforts to more effectively utilize the 12.7 GHz band. In October 2022, the FCC released the 12.7 GHz Notice of Inquiry to solicit input on how the FCC could encourage more efficient use of the 12.7 GHz band and whether it should authorize mobile broadband in the band. In May 2023, the FCC moved forward with expanding the use of the 12.7 GHz band and issued a Notice of Proposed Rulemaking proposing to repurpose some of the 12.7 GHz band for mobile terrestrial broadband, or other uses.
The FNPRM adopted last week seeks comment on ways to minimize or eliminate existing regulatory burdens that prevent use of the 12.7 GHz band by geostationary orbit (GSO) and non-geostationary orbit (NGSO) satellite systems. GSO operations in the 12.7 GHz band are currently only authorized for communications between domestic and international points.Continue Reading FCC Seeks Comment on Opening Up Spectrum for Satellite Broadband
FCC Announces “In Re: Delete, Delete, Delete” Docket in Support of Deregulatory Agenda
On March 12, 2025, the Federal Communications Commission (FCC) issued a Public Notice to announce it is seeking comment on whether any FCC rules, regulations or guidance documents should be removed due to the stated purpose of “alleviating unnecessary regulatory burdens.” The FCC opened the new “In Re: Delete, Delete
Continue Reading FCC Announces “In Re: Delete, Delete, Delete” Docket in Support of Deregulatory AgendaFCC Reportedly Considering Advisory Opinion on Section 230
Recent reports suggest that the Federal Communications Commission (FCC) may be considering issuing an advisory opinion on Section 230 of the Communications Act. Section 230, among other things, provides immunity to a provider of an “interactive computer service” from civil liability for third-party content posted on the provider’s site. An
Continue Reading FCC Reportedly Considering Advisory Opinion on Section 230Trump Administration Asserts Presidential Authority Over Independent Agencies
Yesterday, the Trump Administration issued an Executive Order titled “Ensuring Accountability for All Agencies” (the EO). The EO asserts Presidential authority over independent agencies, including the Federal Trade Commission (FTC), Federal Communications Commission (FCC), and Securities and Exchange Commission (SEC). While the precise impacts remain to be seen, overall the EO will likely result in greater involvement by the White House in policymaking at independent agencies, both in substance and process.
OIRA Review of Agency Regulations. The EO amends the Clinton Administration-era Executive Order 12866, which established a review process for regulations promulgated by executive branch departments and agencies but excluded independent agencies from that process. The process includes requirements that departments and agencies submit “significant regulatory actions” to the Office of Information and Regulatory Affairs (OIRA) for review before publication in the Federal Register. Executive Order 12866 defines “significant regulatory action” to mean “any regulatory action that is likely to result in a rule that may:”
- Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;
- Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;
- Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or
- Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in this Executive order.
Yesterday’s EO revises the definition of “agencies” to remove an exemption for “independent regulatory agencies.” The amended definition includes an exemption for the Federal Reserve “in its conduct of monetary policy.”
Performance Standards and Management Objectives. The EO directs the Director of the Office of Management and Budget (OMB) to “establish performance standards and management objectives for independent agency heads” and “report periodically to the President on their performance and efficiency in attaining such standards and objectives.”Continue Reading Trump Administration Asserts Presidential Authority Over Independent Agencies
FCC to Tackle Robust Agenda at February Open Meeting
Yesterday, the Federal Communications Commission (FCC) released the agenda for its February Open Meeting, which is scheduled for February 27, 2025. This is the first agenda released by the FCC under new Chairman Brendan Carr. The agenda items on which the commissioners will vote at the meeting will include
Continue Reading FCC to Tackle Robust Agenda at February Open MeetingTrump Administration Releases “Regulatory Freeze Pending Review” Executive Order
On January 20, 2025, the Trump Administration released a memorandum, “Regulatory Freeze Pending Review,” to halt agency rulemaking processes (the “EO”).
The EO orders all executive departments and agencies to “not propose or issue any rule in any manner, including by sending a rule to the Office of the Federal
Continue Reading Trump Administration Releases “Regulatory Freeze Pending Review” Executive Order