Telecommunications

On 19 March 2026, Advocate-General Capeta issued an opinion in the case of Elisa Eesti AS v Estonian Government Security Committee (C-354/24). This case concerned, among other things, whether a 2022 order from the Estonian Government for Elisa Eesti AS—a 5G network operator—to remove Huawei components from its network for national security reasons was subject to EU law, constituted a lawful restriction on the right to offer an electronic communications network, and amounted to a “deprivation of property” requiring compensation.

AG Capeta concluded that the relevant Estonian regime was within scope of EU law—specifically the European Electronic Communications Code (“EECC”)—even though that regime allowed for the imposition of orders on electronic communications network (“ECN”) providers for national security reasons. She also concluded that the requirement to obtain prior authorization from the Estonian government for use of network equipment constituted a restriction on the freedom to provide an ECN, but that this could be justified on national security grounds if the decision was based on a genuine risk assessment that meets the requirements for proportionality under EU law. She stated that this determination should be left to the referring court. Finally, she concluded that the Estonian Government’s order did not amount to a “deprivation” of property for which compensation would be required, as it was instead a mere “restriction” on the use of property.

Below, we describe these non-binding conclusions in more detail. The Court’s final ruling in this case will have significant implications for the European Commission’s proposed revisions to the EU Cybersecurity Act, which as drafted would—among other things—allow the Commission to require ECN providers to remove and cease using components from designated high-risk jurisdictions in their networks. See our prior blog post on the proposal for a revised Cybersecurity Act here.

Continue Reading CJEU Advocate-General indicates that communications network operators can lawfully be required to remove Chinese components, and that compensation is not required

On January 21, 2026, the FCC’s Media Bureau released a Public Notice providing new guidance on how it will evaluate whether broadcast television stations have triggered an obligation to provide “equal opportunities” to political candidates under Section 315 of the Communications Act.  

The FCC’s equal opportunities rule generally says that if a station gives one legally qualified candidate free airtime, it usually has to offer comparable airtime to the other candidates running for the same office unless an exemption applies. To avoid discouraging general news coverage, Congress created several exemptions to this rule—one of the most commonly used being the exemption for bona fide news interviews.  In its new guidance, the FCC signals a more restrictive view of the bona fide news exemption, particularly in the context of late‑night shows, daytime talk shows, and other hybrid news‑entertainment formats.

Continue Reading FCC Issues Guidance Focused on Candidate Appearances on Talk Shows

On 20 January 2026, the European Commission published a proposal for a Regulation to update and replace the Cybersecurity Act (Regulation 2019/881). The proposal—known as the Cybersecurity Act 2 (CSA2)—forms part of a wider package aimed at modernizing and streamlining the EU’s cybersecurity framework and is closely linked to the Commission’s parallel proposal to amend Directive (EU) 2022/2555 (NIS2). We cover that proposal in a separate blog post.

CSA2 covers two main areas that will be relevant to private companies. First, it would introduce the EU’s first horizontal framework for ICT supply chain security—this is an entirely new addition that is not contained in the Cybersecurity Act, and could have significant implications for organizations in sectors that procure components from providers located in high-risk jurisdictions (e.g., telecoms). Second, it would update and expand the existing framework for cybersecurity certifications (the European Cybersecurity Certification Framework, or ECCF). In addition, it would significantly expand the role of the EU cybersecurity agency, ENISA.

Below, we summarize the main elements of the proposal.

Continue Reading European Commission Proposes Cybersecurity Act 2: New EU Supply Chain Rules and Certification Reforms

On 21 January 2026, the European Commission (“Commission”) unveiled its landmark proposal for the Digital Networks Act (“DNA Proposal”), an ambitious attempt to overhaul the framework for the regulation and development of electronic communications networks and services across the EU. The Commission’s stated aim with the DNA Proposal is to establish a “modern and simplified legal framework that incentivises the transition from legacy networks to fibre, high quality 5G and 6G networks, and cloud-based infrastructures, as well as increased scale through service provision and cross-border operation.” To do this, the DNA Proposal would replace and consolidate several existing EU laws, including the European Electronic Communications Code (“EECC”), the BEREC Regulation, and parts of the Open Internet Regulation and e-Privacy Directive.

A key theme of the proposal is harmonization of rules—arising first and foremost from the fact that this is a directly-applicable Regulation rather than a Directive like the current European Electronic Communications Code. Several of the substantive provisions in the DNA Proposal may take a significant amount of influence over the communications networks and services away from Member State governments and up to EU level. In turn, the Commission clearly hopes to promote larger-scale communications network and service providers that can operate across the EU, and that have the funds to invest in modern communications infrastructure. The DNA Proposal could, therefore, have a substantial and long-lasting impact on the connectivity and communications markets in the EU, although we anticipate significant debate about many of the provisions of the DNA Proposal throughout the legislative process.

Below, we summarize seven of the most eye-catching changes to the regulatory framework for communications providers in the DNA Proposal.

Continue Reading Seven Major Changes in the European Commission’s Proposal for an EU Digital Networks Act

In 2024, the Federal Communications Commission (FCC) issued fines to four major telecommunications carriers—Verizon, AT&T, Sprint, and T-Mobile—for allegedly failing to protect the geolocation data of their subscribers, which the FCC claimed violated its Customer Proprietary Network Information (“CPNI”) rules. To challenge the action, all four carriers had to first pay the fines, which they did.  They then petitioned for review of the FCC’s decision in various U.S. courts of appeals, arguing that the FCC’s procedure for adjudicating monetary fines violated their right to a jury trial as guaranteed by the Seventh Amendment. Verizon sought relief in the Second Circuit, T-Mobile (which had merged with Sprint) sought relief in the D.C. Circuit, and AT&T sought relief in the Fifth Circuit.

The Second Circuit and the D.C. Circuit held in favor of the FCC, rejecting the carriers’ argument that the FCC violated their Seventh Amendment rights. But the Fifth Circuit reached a different conclusion, holding that the FCC’s procedure did in fact violate AT&T’s right to a jury trial. The FCC (which lost in the Fifth Circuit) and Verizon (which lost in the Second Circuit) each has filed a petition for certiorari at the Supreme Court.

With a 2-1 federal circuit split and two certiorari petitions pending, some are predicting that there is a good chance that the Supreme Court will decide to consider the appeals. The dispute raises a fundamental question about the FCC’s authority to impose monetary penalties through its in-house administrative enforcement procedures. If the Supreme Court grants certiorari, it will be called upon to determine whether the Communications Act violates the Seventh Amendment by authorizing the FCC to order the payment of monetary penalties for violations of the Act, without guaranteeing the right to a jury trial. The resolution of this dispute thus could have significant implications for how the FCC enforces the law against telecommunications carriers and other entities subject to its jurisdiction.

Both petitions for certiorari have been distributed for a January 9, 2026 conference.

Continue Reading FCC Privacy Enforcement May Face More Constitutional Scrutiny: Supreme Court Review of FCC CPNI Fines Sought Amid Circuit Split

Earlier this month, the Federal Communication Commission (“FCC”) released a Second Further Notice of Proposed Rulemaking (“FNPRM”) proposing to eliminate or modify various broadband label rules for Internet Service Providers (“ISPs”).  The FCC’s primary rationale for these proposed changes is that the rules are cumbersome for ISPs to implement and…

Continue Reading FCC Seeks Comment on Proposed Changes to Broadband Label Transparency Rules

At the Federal Communications Commission’s (FCC’s) Open Meeting in late October, the agency unanimously adopted a Notice of Proposed Rulemaking (NPRM) that proposes to end certain legacy interconnection obligations of Local Exchange Carriers (LECs) to accelerate the transition to all Internet Protocol (IP) networks.

Currently, certain LECs are required to…

Continue Reading FCC Proposes Rule Changes to Accelerate Transition to IP Networks

Earlier this month on September 8, the Federal Communications Commission (FCC) announced that it was taking an initial set of actions to address threats posed by so-called “bad labs.”  “Bad labs” consist of test labs that review and approve radio frequency emitting devices for use in the U.S. but are…

Continue Reading FCC Takes Action on Certain “Bad Labs”

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

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