Telecommunications

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 230

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 Meeting

On December 27, 2024,  the National Telecommunications and Information Administration (NTIA) issued a Request for Comment (“RFC”)that seeks public input on the potential impacts on the Global Positioning Satellite (GPS) L1 signal by the growth of satellite-based direct-to-device (D2D) operations that use frequencies between 1610-1660.5 MHz (the “L-band”).   As the lead spectrum advisor to the Executive Branch on spectrum issues, NTIA serves as the advocate for other agencies including the Department of Transportation (DOT) before the FCC.  NTIA issued its Request for Comment (RFC) in response to analysis prepared by DOT and states that its interest in D2D usage stems from the increasing deployment of services in which mobile devices like smartphones and Internet of Things (IoT) devices connect directly to satellite systems in the L-band, a portion of which is located near spectrum allocated to GPS.  NTIA invited comments to be filed by February 10, 2025. 

In its RFC, NTIA asked parties to discuss the DOT technical analysis as well as options for mitigating any potential impacts on GPS systems while “facilitating the potential benefits” of a growing D2D ecosystem.  The FCC has exclusive authority over requirements on L-band operators and their devices, but NTIA could use information gleaned from the comment process to make recommendations to the FCC on whether new spectrum rules are needed.  As such, satellite industry stakeholders, device manufacturers, and wireless network providers may want to share their views and educate NTIA about how this band is (and will be) used as well as its potential for coexistence with GPS devices. 

The DOT technical analysis included in the RFC builds on a study conducted by DOT in 2018 to analyze Ligado Network’s proposed terrestrial system.  In 2020, after receiving comments on the 2018 study, the FCC unanimously concluded that sufficient conditions – such as limited power levels and guard bands – were in place to protect against interference between GPS signals in the 1559-1610 MHz band and a terrestrial wireless network.  The technical analysis recently prepared by DOT and included in the NTIA RFC borrows heavily from the 2018 study and largely extrapolates from that study to conclude that D2D operations using the 1610-1660.5 MHz band may cause changes to the carrier-to-noise ratio (e.g., a 1 dB C/No) that could impair GPS receivers operating in the adjacent 1559-1610 MHz band.  (It bears mention that DOT for many years has urged the FCC to protect GPS devices from a 1 dB change in the carrier-to-noise ratio, but the FCC has not agreed with that recommendation and instead has applied its rules on harmful interference.  See generally In the Matter of Lightsquared Technical Working Group Report et al., 35 FCC Rcd. 3772 ¶¶ 37-59 (2020).The RFC seeks comment on this DOT analysis and encourages stakeholders to file any alternative technical analyses relevant to D2D operations in the L-band and the potential effects on the GPS L1 signal.Continue Reading NTIA Seeks Comment on Potential Effects of Satellite Direct-to-Device Operations in the L-band on GPS L1 Signal

On Sunday evening, President-elect Donald Trump announced that he will name Federal Communications Commission (FCC) Commissioner Brendan Carr as Chair of the FCC.  Because Commissioner Carr is a sitting Commissioner, no Senate confirmation is needed, and he will become FCC Chairman as of Inauguration Day on January 20, 2025.   

While…

Continue Reading Trump Signals Continued Focus on “Big Tech” in Naming Brendan Carr as FCC Chair

With U.S. President Trump returning to the White House, we expect the regulatory landscape facing technology and communications companies to shift significantly, if not uniformly. 

On the one hand, media and telecommunications companies that have long been regulated heavily by the FCC can likely expect a more deregulatory environment than they have experienced under the Biden Administration (with potential caveats).  On the other, large technology companies, which have largely avoided heavy-handed regulation, can expect to face a more active regulatory environment aimed at limiting or preventing content moderation decisions that the incoming Administration has characterized as “censorship” of conservative viewpoints.  Meanwhile, bipartisan priorities—such as the commitment to ensuring national security in the telecommunications sector—will likely continue to be a major focus of regulatory agencies.  While the assessments of regulatory risks and opportunities will continue to be refined and updated as the next Trump administration takes shape, we highlight here a few trends that are likely to influence policy and regulation at the FCC over the next four years.

Changes in Regulation:  Deregulation for Some, Greater Scrutiny for Others

FCC Commissioner Brendan Carr, who is the frontrunner to be named the next Chair of the FCC, has a long history of public statements supporting deregulation of the industries historically regulated by the FCC.  For instance, Carr has observed in the past that “rapidly evolving market conditions counsel in favor of eliminating many of the heavy-handed FCC regulations that were adopted in an era when every technology operated in a silo.”  This likely means that we can expect to see a Republican-led FCC seeking opportunities to loosen regulations on broadcasters, the pay TV industry, and internet service providers, ranging the gamut from reform of broadcast licensee ownership restrictions to repealing (or supporting the court reversal of) the Biden-era net neutrality order.

However, other industries under the FCC’s umbrella may face greater scrutiny.  In particular, we anticipate that the FCC’s interest in national security policymaking will continue to grow, as Commissioner Carr has highlighted issues such as curbing the influence of foreign nations on social media platforms and expanding the FCC’s list of providers of communications equipment and services that pose an unacceptable risk to the national security of the U.S.  This interest could expand beyond traditional telecommunications providers to other technology enterprises, such as those that offer high-powered cloud computing services to customers in China and elsewhere. Continue Reading Likely Trends in U.S. Tech and Media Regulation Under the New Trump Administration

On October 23, the Federal Communications Commission (“FCC”) released a Notice of Inquiry (“NOI”) seeking comment on potential initiatives to address customer service concerns among regulated communications service providers. 

The FCC stated that the goal of the NOI is “to ensure that consumers have appropriate access to the customer services…

Continue Reading FCC to Examine Customer Service Issues in the Communications Industry

On July 24, 2024, the U.S. Court of Appeals for the Fifth Circuit struck down the Federal Universal Service Fund (USF) in Consumers’ Research et al. v. FCC.  In a 9-7 en banc decision, the majority reversed an earlier decision by a three-judge panel and held that the program…

Continue Reading Fifth Circuit Holds Federal Universal Service Fund Program Unconstitutional, Creates Circuit Split

On May 2, 2024, the Federal Communications Commission (FCC) released a draft Notice of Proposed Rulemaking (NPRM) for consideration at the agency’s May 23 Open Meeting that proposes to “prohibit from recognition by the FCC and participation in [its] equipment authorization program, any [Telecommunications Certification Body (TCB)] or test lab…

Continue Reading FCC to Consider Prohibiting “Covered List” Entities from Participation in Agency’s Equipment Authorization Program

On January 16, the attorneys general of 25 states – including California, Illinois, and Washington – and the District of Columbia filed reply comments to the Federal Communication Commission’s (FCC) November Notice of Inquiry on the implications of artificial intelligence (AI) technology for efforts to mitigate robocalls and robotexts. 

The…

Continue Reading State Attorneys General to FCC: Subject AI-Generated Voice Calls to TCPA Restrictions

Today the National Telecommunications and Information Administration (NTIA) released its first notice of funding opportunity for development of next-generation wireless infrastructure under the new Public Wireless Supply Chain Innovation Fund (“Innovation Fund”).  According to NTIA’s announcement, this first tranche of funding will include up to $140.5 million in grants, ranging…

Continue Reading Commerce Department issues first funding notice for wireless Innovation Fund