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FCC Announces Tentative Agenda For August 7, 2025 Open Meeting

July 17, 2025 – Federal Communications Commission Chairman Brendan Carr has announced the following tentative agenda for the FCC’s open meeting on Thursday, August 7, 2025:

• Revamping NEPA Review to Accelerate Infrastructure Deployment – The Commission will consider a Notice of Proposed Rulemaking that would examine the Commission’s environmental rules to ensure they comport with the amended National Environmental Policy Act, accelerate the federal permitting process, further a national priority of faster and more infrastructure deployment, and ensure that the Commission’s rules are clear. (WT Docket No. 25-217)

• Streamlining Space Bureau Reviews – The Commission will consider a Second Report and Order that advances opportunities for innovation in the space economy by taking measures to expedite the application processes for space stations and earth stations, to remove barriers for modifying authorizations, and to remove outdated rules. (IB Docket Nos. 22-411, 22-271)

• Accelerating Buildout of Secure Undersea Cable Infrastructure – The Commission will consider a Report and Order that would modernize the Commission’s submarine cable rules to unleash high-speed infrastructure deployment, while strengthening our national security.  The Commission will also consider a Further Notice of Proposed Rulemaking that would build upon the Report and Order by proposing measures to further streamline and improve timeliness of submarine cable application review and make other updates to address national security threats. (OI Docket No. 24-523, MD Docket No. 24-524)

• Evaluating the Deployment of Advanced Telecommunications – The Commission will consider a Notice of Inquiry that would initiate the annual assessment of whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion, as required by section 706 of the Telecommunications Act of 1996. (GN Docket No. 25-223)

• Examining the Nation’s Alerting Systems – The Commission will consider a Notice of Proposed Rulemaking that would examine the national alert and warning systems from the ground up and explore ways to make them more effective, efficient, and better able to serve the public’s needs. (PS Docket No. 25-224)

• Modernizing the Disaster Information Reporting System (DIRS) – The Commission will consider a Notice of Proposed Rulemaking that proposes to reduce the reporting burdens on communication service providers during disasters through the modernization of DIRS.  The Commission will also consider an accompanying Order on Reconsideration that clarifies the situations in which outage reporting requirements are suspended during DIRS activations. (PS Docket Nos. 21-346, 15-80; ET Docket No. 04-35)

• Addressing Business Data Services Pricing Regulations – The Commission will consider a Notice of Proposed Rulemaking and Third Further Notice of Proposed Rulemaking that would propose to end rate regulation and tariffing obligations for legacy circuit-based business data services provided by incumbent local exchange carriers, and an Order temporarily pausing the triennial update to the competitive market tests pending review of the record in this proceeding. (WC Docket Nos. 21-17, 17-144)

• Deleting 98 Obsolete Broadcast Rules and Requirements – The Commission will consider a Direct Final Rule that would repeal certain rules identified as outdated and obsolete via a direct final rule procedure.  The Commission’s “In re: Delete, Delete, Delete” docket seeks public input on identifying FCC rules for the purpose of alleviating unnecessary regulatory burdens. (GN Docket No. 25-133)

The FCC’s August 7th open meeting is scheduled to commence at 10:30 a.m. ET in the Commission Meeting Room of the Federal Communications Commission, 45 L Street, N.E., Washington, D.C. The meeting is open to the public, but the FCC headquarters building is not open access, and all guests must check in with and be screened by FCC security at the main entrance on L Street. All FCC open meetings are streamed live at www.fcc.gov/live.

FCC Announces Lifeline Minimum Service Standards & Lifeline Program Budget For 2026

July 14, 2025 – The FCC’s Wireline Competition Bureau (WCB) has announced the updated minimum service standards for Lifeline-supported services. The WCB also has announced that the budget for federal universal service fund support for the Lifeline program for calendar year 2026 will be $2,976,503,538. The updated Lifeline minimum service standards are as follows:

Mobile Broadband Minimum Service Standard  –  On July 1, 2025, the WCB extended for an additional year the waiver pausing the increase in the Lifeline minimum service standards for mobile broadband data capacity. As such, the standard will continue to be 4.5 GB per month until December 1, 2026.

Fixed Broadband Minimum Service Standard For Data Usage Allowance  –  Pursuant to the 2016 Lifeline Order, beginning December 1, 2025, the Lifeline minimum service standard for fixed broadband data usage will be 1280 GB per month, as calculated from the 2025 Urban Rate Survey data.

Mobile Voice Telephony Minimum Service Standard  –  The 2016 Lifeline Order established an automatic update to the Lifeline minimum service standard for mobile voice service through November 30, 2018. Accordingly, pursuant to the 2016 Lifeline Order, on December 1, 2025, the Lifeline minimum service standard for mobile voice service will remain unchanged, at 1000 minutes per month.

Annual Lifeline Budget  –  The 2016 Lifeline Order adopted an initial budget of $2.25 billion for the calendar year beginning January 1, 2017, and stated that the budget amount will be indexed to inflation in accordance with the Consumer Price Index for all items from the Department of Labor, Bureau of Labor Statistics. To perform this calculation, the WCB used the annual percent change factor for the preceding year (here, 2024) to the year in which the calculation is being performed. Based on this calculation, the indexed budget for federal universal service support for the Lifeline program for the calendar year beginning January 1, 2025 was $2,892,617,627, and the indexed budget for the calendar year beginning January 1, 2026 will be $2,976,503,538.

Four Rate-Of-Return Local Exchange Carriers Move Business Data Services To Incentive Regulation

July 14, 2025 – The FCC’s Wireline Competition Bureau has announced four rate-of-return local exchange carrier study areas in four states elected to move their business data services (BDS) offerings to incentive regulation effective July 1, 2025. In the 2018 Rate-of-Return BDS Order, the FCC permitted rate-of-return carriers receiving Alternative Connect America Cost Model (A-CAM) or fixed high-cost universal service fund support to elect to transition certain BDS offerings from rate-of-return to incentive regulation. Eligible carriers were able to elect BDS incentive regulation in 2019 and 2020. The FCC also provided eligible carriers that accept future offers of A-CAM support with an opportunity to elect BDS incentive regulation on July 1st in the tariff year following their A-CAM election. The four rate-of-return local exchange carriers electing incentive regulation for their BDS offerings are: Amelia Telephone Corporation (VA); Chillicothe Telephone Company (OH); New Castle Telephone Company (VA); and Union River Telephone Company d/b/a Rivah.net (ME).

Effective Date Announced For Certain Revisions To Section 54.313 Annual Reporting And Certification Requirements For Enhanced A-CAM Carriers And Other High-Cost USF Recipients

July 9, 2025 – The Office of Management and Budget (OMB) has approved, for a period of three years, an information collection associated with high-cost universal service fund annual reporting requirements. OMB’s announcement in the Federal Register provides the following explanation of the applicable amendments to the FCC’s rules and their effective dates:

The amendments to § 54.313(f)(1) introductory text, (f)(1)(i), and (f)(6) published at 88 FR 55918, August 17, 2023 and the amendments to § 54.313 heading and paragraphs (a)(2) and (3), (a)(6) introductory text, (g), and (i) (amendatory instruction 10), and § 54.314 (amendatory instruction 11) published at 89 FR 25147, April 10, 2024 are effective July 9, 2025.

The revisions to section 54.313(f)(1)(i) require each carrier receiving Enhanced A-CAM support to certify “that it is offering broadband service with latency suitable for real-time applications, including Voice over internet Protocol, and usage capacity that is reasonably comparable to comparable offerings in urban areas.” The revisions to section 54.313(f)(6) require carriers receiving Enhanced A-CAM support to certify participation in BEAD Program challenge processes; certify participation in the Affordable Connectivity Program or any substantially similar successor program; and certify that they have cybersecurity and supply chain risk management plans pursuant to section 54.308(e) and report whether they filed any substantive changes.

One Big Beautiful Bill Act Renews FCC Spectrum Authority, Directs FCC To Auction Spectrum And Identify Spectrum For Future Auctions

July 4, 2025 – President Trump has signed the One Big Beautiful Bill Act (H.R.1) into law. It renews the Federal Communications Commission’s (FCC) authority to conduct spectrum auctions until September 30, 2034. The new law requires the FCC to auction not less than 300 megahertz of spectrum prior to the authority’s expiration, and requires the FCC to auction not less than 100 megahertz of spectrum in the band between 3.98 gigahertz and 4.2 gigahertz (C-Band spectrum) within two years. The new law directs the FCC and the Department of Commerce’s National Telecommunications and Information Administration (NTIA) to identify another 500 megahertz of federal spectrum to reallocate for commercial or shared uses that support commercially-licensed use cases. Only two pieces of spectrum were exempted from reallocation and auction considerations: 3.1-3.45 GHz, used by U.S. defense systems, and 7.4-8.4 GHz, used by the Department of Defense which includes defense satellite systems. The Citizens Broadband Radio Service (CBRS) spectrum band (3550-3650 MHz) did not receive formal protection. Unlicensed Wi-Fi 7 spectrum (.925-7.125 MHz) also did not receive protection.

FCC Announces Tentative Agenda For July 24th Open Meeting

July 3, 2025 – Federal Communications Commission Chairman Brendan Carr has announced the following tentative agenda for the FCC’s next open meeting scheduled for Thursday, July 24, 2025:

• Accelerating Upgrade Away from Old Copper Line Networks – The Commission will consider a Notice of Proposed Rulemaking that proposes and seeks comment on revisions to the Commission’s network change disclosure rules and section 214(a) discontinuance processes to eliminate regulatory barriers and costs, thus encouraging the swift transition to IP-based networks and advanced communications services for consumers. (WC Docket Nos. 25-209, 25-208)

• Removing Barriers to Broadband Deployment and Investment – The Commission will consider a Fifth Report and Order, a Fourth Further Notice of Proposed Rulemaking, and Orders on Reconsideration to promote broadband infrastructure deployment by ensuring greater collaboration between utilities and attachers, establishing a timeline for large pole attachment requests, implementing other improvements to the pole attachment timeline, and speeding up the contractor approval process.  The Commission would seek comment on ways to further facilitate the pole attachment process and on defining the term “pole” for purposes of section 224, and would resolve two petitions for reconsideration of prior Commission action. (WC Docket No. 17-84)

• Moving Closer to AWS-3 Spectrum Auction – The Commission will consider a Report and Order and Second Report and Order that would update 10-year-old AWS-3 service-specific designated entity eligibility requirements to bring those requirements, along with related eligibility requirements contained in the part 1 competitive bidding rules, in line with the Commission’s current auctions practice. (GN Docket Nos. 25-70; 25-71; 13-185)

• Streamlined Repeal of Outdated and Obsolete Rules – The Commission will consider a Direct Final Rule that would repeal certain rules identified as outdated and obsolete via a direct final rule procedure and clarify the potential use of the direct final rule procedure in other circumstances in the future. (GN Docket No. 25-133)

• Improved Truth-in-Billing and Slamming Rules – The Commission will consider a Notice of Proposed Rulemaking proposing to modernize and simplify the Commission’s slamming and Truth-in-Billing rules to reflect the evolution of the telecommunications marketplace, retain core consumer protections against unauthorized carrier switches and charges, and reduce regulatory burdens that can stifle innovation. (CG Docket No. 17-169; CC Docket No. 98-170)

• 988 Text Georouting to Improve Access to the 988 Lifeline – The Commission will consider a Report and Order that would adopt rules to require wireless providers to transmit data that enables text messages sent to the 988 Lifeline to be routed to the closest local crisis center based on a person’s general geographic location. (WC Docket No. 18-336)

The FCC’s July 24th open meeting is scheduled to commence at 10:30 a.m. ET in the Commission Meeting Room of the Federal Communications Commission, 45 L Street, N.E., Washington, D.C. The meeting is open to the public, but the FCC headquarters building is not open access, and all guests must check in with and be screened by FCC security at the main entrance on L Street. All FCC open meetings are streamed live at www.fcc.gov/live.

FCC Chairman Brendan Carr “Build America” Speech Outlines Agenda For FCC

July 2, 2025 – FCC Chairman Brendan Carr delivered a policy speech in Sioux Falls, South Dakota which outlined his “Build America” agenda for the Federal Communications Commission. Chairman Carr’s Build America Agenda focuses on the following core objectives:

• Unleashing High-Speed Infrastructure Builds – The FCC must do its part to unleash high-speed infrastructure builds in communities all across the country.  We made a lot of good progress on this front during President Trump’s first term but there is more work to be done to cut red tape that is driving up costs and holding back Internet builds.

• Restoring America’s Leadership in Wireless – We also need to free up more spectrum that connects our communities and restore America’s wireless leadership.  This is an important step because freeing up spectrum creates jobs, increases competition, and drives down prices for consumers.

• Boosting America’s Space Economy – From the high-speed Internet services they are offering to protecting the homeland, our space industry is delivering real results for the country.  We must ensure that U.S. businesses dominate in orbit.

• Cutting Red Tape and Modernizing FCC Operations – Outdated and unnecessary regulations from Washington can derail efforts to bring communities across the digital divide.  That is why our Build America Agenda includes a comprehensive initiative to eliminate rules and regulations that are unlawful, outdated, or no longer necessary.

• Advancing National Security and Public Safety – Our Build America Agenda will ensure the U.S. maintains secure and resilient networks.  It will extend America’s leadership over China in the race for critical technologies like 5G, 6G, and AI so that American companies continue to be the gold standard around the world.

• Strengthening America’s Workforce – We cannot advance a Build America Agenda without a strong U.S. workforce.  That is why the FCC is already working to ensure that tower and telecom crews can operate in a safe and sustainable environment with rising wages.  By looking out for the American worker, we will see continued growth ahead.

Mergers & Acquisitions: TPG Completes Acquisition Of Leading Communications Infrastructure Investor Peppertree Capital

July 2, 2025 – TPG, Inc. has announced the completion of its acquisition of Peppertree Capital Management. In May 2025, the companies announced they had entered into a definitive agreement under which TPG would acquire the Peppertree business in a cash and equity transaction estimated to include up to $242 million in cash and up to $418 million in equity, payable at closing, in each case, subject to certain adjustments.  Peppertree has $7.8 billion in assets under management and will now operate as TPG Peppertree. As a result of the deal, across all platforms, TPG now manages $258 billion of assets under management. According to Private Equity International’s 2025 PEI 300 rankings, TPG is the fifth largest private equity firm in the world. The press release provides the following further details of the deal and statements from company officers:

With the completion of the transaction, TPG has added a differentiated investing strategy focused on wireless communications towers and related critical communications assets, delivering immediate scale in a core subset of the growing digital infrastructure sector. “With Peppertree’s proven communications infrastructure strategy, TPG has meaningfully expanded its presence in an attractive digital infrastructure category with strong secular tailwinds,” said Jon Winkelried, Chief Executive Officer of TPG. “This combination presents meaningful opportunities to leverage our combined capabilities and areas of expertise to deliver value for investors and shareholders.” “TPG’s leading alternatives platform and global scale position us well to identify and execute on opportunities presented by a rapidly evolving network infrastructure landscape,” said Howard Mandel and Ryan Lepene, Co-Managing Partners of TPG Peppertree. “We look forward to applying our combined expertise and intellectual capital to identify opportunities and accelerate growth through new and existing strategies.”

FCC Extends Pause Of Phase-Out Of Lifeline Support For Voice-Only Services & Increase In Lifeline Minimum Mobile Broadband Data Capacity

July 1, 2025 – The FCC’s Wireline Competition Bureau has extended, for a year, the waiver pausing both the phase-out of Lifeline support for voice-only services and the increase in the Lifeline minimum service standard for mobile broadband data capacity. If the Bureau had not extended the pause, support for services that meet only the voice minimum service standard ($5.25 per month) would be eliminated in most areas on December 1, 2025. Additionally, absent the pause, the minimum service standard for mobile broadband data capacity would rise from 4.5 GB to 29 GB per month beginning December 1, 2025.

The Bureau determined there is good cause to extend the pause for another year because without it, the minimum service standard for mobile broadband data capacity would have experienced its largest increase since Lifeline minimum service standards were established. The Bureau also determined that extending the pause will maintain Lifeline program stability and prevent disruption of communications for Lifeline subscribers as the FCC evaluates the record in its wide-ranging Delete, Delete, Delete deregulatory review proceeding. During the pause of the phase-out of support for voice-only services and the pause of the mobile data capacity increase, the FCC also will continue to consider future action regarding Lifeline voice-only service and setting minimum service standards.

FCC Adopts Wavier of July 1st FCC Form 481 Certification Deadline For Enhanced A-CAM Carriers

July 1, 2025 – The FCC’s Wireline Competition Bureau, on its own motion, has adopted a limited waiver of the July 1, 2025 deadline to certify FCC Form 481 for carriers authorized to receive Enhanced A-CAM support. The Bureau determined that special circumstances warrant grant of a limited waiver of the July 1 deadline for Enhanced A-CAM carriers because certain certification requirements have not yet become effective for those carriers. The Bureau will announce the effective date of the requirements when they become effective, and will also set a new deadline for the FCC Form 481 certification. If they so desire, Enhanced A-CAM carriers may complete the FCC Form 481 certifications prior to the new deadline. Carriers that do not receive Enhanced A-CAM support must certify the required FCC Form 481 annual report by July 1, 2025.

June 2025

U.S. Supreme Court To Review Broadband Providers’ Liability For Subscribers’ Copyright Infringements

June 30, 2025 – The U.S. Supreme Court has granted a Petition For A Writ Of Certiorari in Cox Communications, Inc. v. Sony Music Entertainment (Docket No. 24-171), a case involving the standard for holding internet service providers (ISPs) secondarily liable for copyright infringement committed by their broadband subscribers. In the original case, a group of record companies and music publishers (Plaintiffs) sued ISP Cox Communications for copyright infringement. Subscribers of Cox’s broadband service infringed Plaintiffs’ copyrights by downloading or distributing songs over the internet without permission. Rather than sue Cox’s subscribers, the Plaintiffs sued Cox using two theories of secondary liability: vicarious and contributory copyright infringement. A jury found Cox liable for both willful contributory and vicarious infringement of 10,017 copyrighted works owned by Plaintiff and awarded $1 billion in statutory damages. Cox appealed. The U.S. Court Of Appeals For The Fourth Circuit affirmed the jury’s finding of willful contributory infringement. However, the Fourth Circuit reversed the vicarious liability verdict and remanded for a new trial on damages because it found that Cox did not profit from its subscribers’ acts of infringement, a legal prerequisite for vicarious liability.

Cox then filed a Petition For A Writ Of Certiorari requesting U.S. Supreme Court review of the Fourth Circuit’s decision. Cox wants SCOTUS to address the question of who is responsible for online copyright infringement because the music industry is seeking to hold every ISP in the country liable for copyright infringement by their subscribers.

Under the Digital Millennium Copyright Act (DMCA), ISPs can avail themselves of a safe harbor to limit their liability for claims of copyright infringement. To qualify, an ISP must adopt and reasonably implement a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the ISP’s system or network who are “repeat infringers.” While the phrase “reasonably implement” is not defined in the statute, courts have interpreted the phrase to have two separate elements: (1) whether a service provider implemented its policy; and (2) whether that implementation was reasonable.

In the case being appealed, Cox was stripped of its DMCA safe harbor defense for failing to reasonably implement its policy by not terminating the service of alleged repeat infringers under appropriate circumstances. As Cox points out, ISPs have no way of verifying whether a bot-generated notice of infringement for a particular IP address is accurate, and no one can reliably identify the actual individual who used a particular internet connection for an illegal download. By granting Cox’s petition, SCOTUS will address the following two questions presented:

1. Did the Fourth Circuit err in holding that a service provider can be held liable for “materially contributing” to copyright infringement merely because it knew that people were using certain accounts to infringe and did not terminate access, without proof that the service provider affirmatively fostered infringement or otherwise intended to promote it?  (This Court has held that a business commits contributory copyright infringement when it distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps to foster infringement.” Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd. 545 U.S. 913, 919 (2005). The courts of appeals have split three ways over the scope of that ruling, developing differing standards for when it is appropriate to hold an online service provider secondarily liable for copyright infringement committed by users.)

2. Did the Fourth Circuit err in holding that mere knowledge of another’s direct infringement suffices to find willfulness under 17 U.S.C. § 504(c)?  (Generally, a defendant cannot be held liable as a willful violator of the law—and subject to increased penalties—without proof that it knew or recklessly disregarded a high risk that its own conduct was illegal. In conflict with the Eighth Circuit, the Fourth Circuit upheld an instruction allowing the jury to find willfulness if Cox knew its subscribers’ conduct was illegal—without proof Cox knew its own conduct in not terminating them was illegal.)

FCC Announces Broadband Data Collection Filing Window Opens On July 1, 2025; New Version Of Broadband Serviceable Location Fabric

June 30, 2025 – The FCC’s Broadband Data Task Force has announced that the seventh Broadband Data Collection (BDC) filing window for submitting broadband availability and other data as of June 30, 2025, will open on July 1, 2025. Facilities-based broadband service providers may begin to submit broadband internet access service availability data into the BDC system on July 1, 2025. All availability and subscription data must be submitted no later than September 2, 2025. Facilities-based broadband service providers and providers of fixed and mobile voice services, must also submit their June 30, 2025, subscription data required under Form 477 into the BDC system. Additional information on how to log in, navigate the BDC system, and submit data can be found in the BDC System User Guide.

The Task Force also has announced that the June 2025 update of the Broadband Serviceable Location Fabric (Fabric) is being made available to existing Fabric license. According to the Public Notice, the new Fabric “incorporates data from updated data sources and other improvement efforts conducted by the FCC and CostQuest, as well as the results of Fabric challenges submitted by state, Tribal, and local governments, broadband service providers, and the public through the National Broadband Map.” Notable changes include “additional Broadband Serviceable Locations and corrections to addresses, unit counts, building types, land use, and geographic coordinates.”

In 6-3 Decision, U.S. Supreme Court Says The Universal Service Fund Is Constitutional

June 26, 2025 – The U.S. Supreme Court has issued a decision in FCC et al. v. Consumers’ Research which concludes that the federal universal service fund (USF) contribution system does not violate the nondelegation doctrine.

Justice Kagan delivered the 6-3 opinion of the Court, in which Chief Justice Roberts, Justice Sotomayor, Justice Kavanaugh, Justice Barrett, and Justice Jackson joined. Justice Kavanaugh and Justice Jackson filed concurring opinions. Justice Gorsuch filed a 37-page dissenting opinion, in which Justice Thomas and Justice Alito joined.

The Court’s opinion overturns a July 2024 en banc decision by the U.S. Court of Appeals for the Fifth Circuit which declared the USF contribution mechanism to be an unconstitutional tax and a violation of the nondelegation doctrine. Consumers’ Research, Cause Based Commerce, Inc., and various individual consumers brought the original legal challenge to the USF. The FCC (24-354) and a group of public interest and trade associations (24-422) sought Supreme Court review, with both petitions consolidated under Docket 24-354 for the Court’s 2024 October Term.

In its challenge to the constitutionality of the USF, the Consumers’ Research group generally made the following arguments: the USF revenue-raising structure violates the nondelegation doctrine; Section 254 constitutes an unconstitutional delegation of Congress’ taxing power; and the FCC’s sub delegation of authority to the Universal Service Administrative Company (USAC), the FCC-designated administrator of the USF, is illegal. The nondelegation doctrine limits Congress’ ability to delegate power to federal agencies. Under the Constitution, all legislative powers are vested in the United States Congress. However, Congress can and often does delegate substantial discretion to executive agencies to implement and enforce federal laws. When doing so, Congress must provide an intelligible principle which adequately guides the Executive agency. This is the core of the nondelegation doctrine. The “intelligible principle” must sufficiently “guide the delegee’s use of discretion.” If a court finds Congress makes a delegation to an agency with “no guidance whatsoever,” the court will strike it down.

In the majority opinion, Justice Kagan framed the questions in the case as “whether the universal-service scheme—more particularly, its contribution mechanism—violates the Constitution’s nondelegation doctrine, either because Congress has given away its power to the FCC or because the FCC has given away its power to a private company.” The Court’s answer to both is a resounding no.

The Court applied its long-standing nondelegation doctrine analysis – did Congress set out an “intelligible principle” to guide the power delegated to the FCC, and did Congress make clear both “the general policy” the FCC must pursue and “the boundaries of the delegated authority.” The Court found that the universal service statute, Section 254 of the Communications Act, directs the FCC to collect contributions that are “sufficient” to support universal-service programs. More importantly, the word “sufficient” sets both a floor and a ceiling—the FCC cannot raise less than what is adequate or necessary to finance its universal-service programs, but it also cannot raise more than that amount. Ultimately, the Court concluded that “under the usual intelligible-principle test, the universal-service contribution scheme clears the nondelegation bar.”

The Court rejected the argument put forth by challenger Consumers’ Research that a different or more stringent nondelegation test should be applied because USF contribution fees are taxes. The Court said Skinner v. Mid-America Pipeline Co. “made clear that whether a charge is a tax or a fee is irrelevant to the nondelegation inquiry.”

The Court found no violation of the so-called private nondelegation doctrine. Consumers’ Research claimed that the FCC conferred governmental power on USAC, a private party, by giving USAC “carte blanche” to set each quarterly USF contribution factor. The Court determined that USAC is “broadly subordinate” to the FCC, may not make policy, and must carry out all its tasks consistent with the FCC’s rules, orders, and directives. The Court stated that “as long as an agency thus retains decision-making power, it may enlist private parties to give it recommendations.”

Also, the Court rejected the nondelegation “combination theory.” In the decision below, the Fifth Circuit found that the combination of Congress’s delegation to the FCC and the FCC’s “subdelegation” to the USAC violated the Constitution, even if neither delegation did so independently. The Court said the Fifth Circuit’s logic does not work – a measure implicating (but not violating) one does not compound a measure implicating (but not violating) the other, in a way that pushes the combination over a constitutional line.

FCC Eliminates Broadband Data Collection Professional Engineer Certification Requirement, Replaces It With Biannual Qualified Engineer Certification

June 26, 2025 – The Federal Communications Commission (FCC) has approved a Fifth Report And Order that eliminates the Broadband Data Collection’s (BDC) the professional engineer certification requirement. Under the Broadband Deployment Accuracy and Technological Availability Act (Broadband DATA Act), fixed broadband service providers must report broadband availability on a location by-location basis and mobile wireless broadband service providers must report coverage areas using standardized propagation modeling parameters. The FCC’s Broadband DATA Act rules require broadband providers to have a corporate officer and either a corporate engineering officer or certified professional engineer (PE) certify their broadband availability filings. Since passage of the Broadband DATA Act in 2020 and its implementation, the FCC has waived the professional engineering certification requirement, and in 2024, sought comment on whether it should eliminate the professional engineering certification requirement. The FCC has eliminated the professional engineer certification requirement and replaced it with the following qualified engineer certification requirements:

“We adopt the proposal to amend section 1.7004(d) to eliminate the requirement that an engineering certification, to the extent not submitted by a corporate engineering officer, must be submitted by a certified professional engineer and instead require certification by a “qualified engineer” as outlined in the waiver orders issued by the Bureaus and Office. Specifically, we will allow an engineer to certify BDC biannual data filings if the engineer is: (i) a corporate officer possessing a Bachelor of Science (B.S.) degree in engineering and who has direct knowledge of and responsibility for the carrier’s network design and construction; (ii) an engineer possessing a bachelor’s or post-graduate degree in electrical engineering, electronic engineering, or another similar technical discipline, and at least seven years of relevant experience in broadband network design and/or performance; or (iii) an employee or agent with specialized training relevant to broadband network engineering and design, deployment, and/or performance, and at least 10 years of relevant experience in broadband network engineering, design, and/or performance.”

FCC Announces Availability Of Unused Funds To Fully Satisfy Demand For Rural Health Care Program Funding For 2025

June 25, 2025 – The FCC’s Wireline Competition Bureau has announced that, as of May 31, 2025, there are $129.30 million in unused Rural Health Care (RHC) Program funds that are available for use in future funding years beginning in funding year 2025. Further, the Bureau has directed the Universal Service Administrative Company (USAC) “to carry forward up to $129.30 million in unused funds from prior funding years to the extent necessary to satisfy funding year 2025 RHC Program demand.” As a result of the carry-forward funding, all RHC Program funding year 2025 funding requests can be fully funded without prioritization. The RHC Program funding cap for funding year 2025 is $723,892,841, and the internal cap on multi-year commitments and upfront payments under the Healthcare Connect Fund Program is $182,780,877. The estimated total RHC Program demand for funding year 2025 is $823.08 million, of which approximately $184.6 million represents demand for multi-year commitments and upfront payments in the Healthcare Connect Fund.

Three Items On Final Agenda For FCC June 26, 2025 Open Meeting

June 18, 2025 – The Federal Communications Commission has announced the following final agenda for the FCC’s open meeting scheduled for Thursday, June 26, 2025:

1. Media Bureau: Revisions to Cable Television Rate Regulations; Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation; Adoption of Uniform Accounting System for the Provision of Regulated Cable Service – The Commission will consider a Report and Order that would promote competition and economic growth by simplifying and streamlining burdensome cable rate regulations, eliminating unnecessary forms and rules, deregulating certain cable equipment and small cable systems, limiting regulation to residential subscribers, and otherwise reducing regulatory burdens. (MB Docket No. 02-144; MM Docket Nos. 92-266, 93-215; CS Docket No. 94-28)

2. Broadband Data Task Force: Establishing the Digital Opportunity Data Collection; Modernizing The FCC Form 477 Data Program – The Commission will consider a Report and Order that would eliminate the professional engineer certification requirement for the biannual Broadband Data Collection filings under section 1.7004(d) of the Commission’s rules and instead allow the biannual filings to be certified by a qualified engineer that has relevant minimum experience and education. (WC Docket Nos. 19-195, 11-10)

3. Consumer And Governmental Affairs Bureau: Telecommunications Relay Services And Speech-To-Speech Services For Individuals With Hearing And Speech Disabilities; T-Mobile Accessibility Petition For Rulemaking To Amend 47 CFR § 64.604(B)(1) To Eliminate The Requirement That TTY-Based Relay Service Be Capable Of Communicating With ASCII Format – The Commission will consider a Notice of Proposed Rulemaking proposing to delete a provision in its rules that requires telecommunications relay services providers to support the now obsolete ASCII transmission format. (CG Docket No. 03-123, RM-11931)

The FCC’s June 26th open meeting is scheduled to commence at 10:30 a.m. ET in the Commission Meeting Room of the Federal Communications Commission, 45 L Street, N.E., Washington, D.C. The meeting is open to the public, but the FCC headquarters building is not open access, and all guests must check in with and be screened by FCC security at the main entrance on L Street. All FCC open meetings are streamed live at www.fcc.gov/live.

Senate Confirms Olivia Trusty As FCC Commissioner

June 17, 2025 – The United States Senate has voted to confirm Olivia Trusty as the newest member of the Federal Communications Commission (FCC). With the recent departure of two Commissioners (Starks and Simington), there are now three FCC Commissioners: Chairman Brendan Carr (R), Olivia Trusty (R), and Anna Gomez (D). Under the Communications Act, the FCC needs three Commissioners for a quorum.

USF Contribution Factor For Third Quarter Of 2025: 36 Percent

June 11, 2025 – The FCC’s Office of Managing Director (OMD) has announced that the proposed universal service fund (USF) contribution factor for the third quarter of 2025 will be 36 percent. If the FCC takes no action on the proposed USF contribution factor within 14 days, it will be declared approved.

The 36 percent contribution factor for 3Q 2025 is a slight decrease from the 36.6 percent contribution factor that was used for 2Q 2025 and which was an all-time high. The USF contribution factor for 1Q 2025 was 36.3 percent. Historical information on quarterly universal service fund contribution factors is available online from the FCC.

For the third quarter of 2025, the Universal Service Administrative Company (USAC) projects $8.045954 billion in total interstate and international end-user telecommunications revenues will be collected ($8.223063 billion in collections were projected for 2Q 2025, and $8.176992 billion was projected for 1Q 2025). USAC estimates that $2.113790 billion is needed to cover the total demand and expenses for all Federal universal service support mechanisms (revenue requirement) in the second quarter of 2025 (the 2Q 2025 demand was estimated at $2.186160 billion, and the 1Q 2025 demand was estimated at $2.161100 billion).

Total third quarter 2025 demand includes projected program support, administrative expenses, and true-ups and adjustments, which breaks out among the USF support mechanisms as follows:

• E-Rate Schools & Libraries:  $639.18 million  (2Q 2025 was $653.04 million, and 1Q 2025 was $657.15 million)

• Rural Health Care:  $179.03 million  (2Q 2025 was $104.10 million, and 1Q 2025 was $129.50 million)

• High-Cost:  $1.05065 billion  (2Q 2025 was $1.12390 billion, and 1Q 2025 was $1.08640 billion)

• Lifeline:  $244.93 million  (2Q 2025 was $305.12 million, and 1Q 2025 was $288.05 million)

Do-Over! NTIA Policy Notice Makes Fundamental Changes To BEAD Program

June 6, 2025 – The Department of Commerce’s National Telecommunications and Information Administration (NTIA) has issued a Restructuring Policy Notice that modifies the Broadband Equity, Access, and Deployment (BEAD) Program. The $42.45 billion BEAD Program was created by the Infrastructure Investment and Jobs Act (IIJA) to provide high-speed broadband internet access throughout the U.S. Each state and territory (Eligible Entity) will use BEAD Program funding to administer grant programs that make awards to subgrantees to deploy broadband to unserved and underserved locations in their state and territory.

The new Policy Notice modifies and replaces certain requirements outlined in the original May 2022 BEAD Notice of Funding Opportunity (NOFO). Each Eligible Entity must now comply with the requirements and obligations in the Policy Notice and submit and gain approval of a new Final Proposal. NTIA will complete its review of each Final Proposal within 90 days of submission. By issuing the changes, NTIA is hitting the reset button on the program – Eligible Entities must rescind all preliminary and provisional subaward selections and notify applicants that a further round of applications will be considered before final awards are made. Eligible Entities that have already completed subgrantee selection must conduct at least one “Benefit of the Bargain” round. The Policy Notice Fact Sheet provides the following summary of the changes to the BEAD Program:

• INSTITUTING a Tech-Neutral Approach – NTIA will adopt a technology neutral approach for the BEAD subgrantee selection process by returning the definition of a “Priority Broadband Project” to statutory language. Removing the preference for a single technology will bring the full force of the competitive marketplace to bear and allow American taxpayers to obtain the greatest return on their investment.

• REMOVING Burdensome Labor and Employment Requirements – NTIA will limit the labor and employment requirement of the statute to a certification of compliance with existing law and eliminate the central planning and DEI labor and employment edicts that disadvantaged both workers and providers, drove up costs, and undermined broadband buildouts.

• ELIMINATING Climate Change Requirements – NTIA will eliminate the extraneous and burdensome obligations to conduct climate analyses. Instead, NTIA guidance will focus on ensuring reliability and resiliency of the network.

• ENDING Oppressive Net Neutrality Requirements – NTIA will eliminate the NOFO requirement that micromanaged network management and imposed wholesale access requirements on applicants.

• REMOVING Time-Consuming, DEI-Driven Coordination Requirements – NTIA will eliminate expansive, extralegal requirements on Eligible Entities to consult with a myriad of special interest groups, including representatives from demographic and identity-based organizations.

• ENDING Needless Municipal Broadband Paperwork – NTIA will eliminate the flawed requirement in the Final Proposal that Eligible Entities favor participation of non-traditional broadband providers (such as municipalities or political subdivisions), an incentive that risked redirecting scarce funds to less capable providers.

• ENDING Backdoor Rate Regulation – NTIA will refuse to accept any low-cost service option proposed in an Eligible Entity’s Final Proposal that attempts to impose a specific rate level (i.e., dollar amount) and instead call on Eligible Entities to permit providers to propose their existing, market driven low-cost plans to meet the statutory low-cost requirement. NTIA will also eliminate the requirement that Eligible Entities have a middle-class affordability plan, which was undefined and impossible to operationalize.

• STREAMLINING Environmental Reviews – NTIA will require the use of an NTIA-developed tool to significantly reduce the time and effort required for broadband permitting. The Environmental Screening and Permitting Tracking Tool (ESAPTT) is designed to accelerate National Environmental Policy Act (NEPA) processing timelines by several months and will be utilized by all Eligible Entities deploying BEAD.  

NTIA has released a slide deck, titled Understanding the BEAD Restructuring Policy Notice, which reviews major program shifts and compares and contrasts the BEAD NOFO & Restructuring BEAD Policy Notice.

FCC Issues Tentative Agenda For June 26, 2025 Open Meeting

June 5, 2025 – Federal Communications Commission Chairman Brendan Carr has announced the following tentative agenda for the FCC’s next open meeting scheduled for Thursday, June 26, 2025:

Removing Obsolete and Unworkable Cable Television Rate Rules – The Commission will consider a Report and Order that would promote competition and economic growth by simplifying and streamlining burdensome cable rate regulations, eliminating unnecessary forms and rules, deregulating certain cable equipment and small cable systems, limiting regulation to residential subscribers, and otherwise reducing regulatory burdens. (MB Docket No. 02-144; MM Docket Nos. 92-266, 93-215; CS Docket No. 94-28)

Streamlining the Engineering Review for Broadband Data Collection – The Commission will consider a Report and Order that would eliminate the professional engineer certification requirement for the biannual Broadband Data Collection filings under section 1.7004(d) of the Commission’s rules and instead allow the biannual filings to be certified by a qualified engineer that has relevant minimum experience and education. (WC Docket Nos. 19-195, 11-10)

Modernizing TTY Rules for Individuals with Hearing and Speech Disabilities – The Commission will consider a Notice of Proposed Rulemaking proposing to delete a provision in its rules that requires telecommunications relay services providers to support the now obsolete ASCII transmission format. (CG Docket No. 03-123, RM-11931)

The FCC’s June 26th open meeting is scheduled to commence at 10:30 a.m. ET in the Commission Meeting Room of the Federal Communications Commission, 45 L Street, N.E., Washington, D.C. The meeting is open to the public, but the FCC headquarters building is not open access, and all guests must check in with and be screened by FCC security at the main entrance on L Street. All FCC open meetings are streamed live at www.fcc.gov/live.

FCC Commissioner Nathan Simington Announces Departure From Agency

June 4, 2025 – Federal Communications Commission Commissioner (FCC) Nathan Simington has announced he is leaving his position at the FCC. Following Commissioner Simington’s departure, the FCC will only have two members: Chairman Brendan Carr and Commissioner Anna Gomez. Commissioner Geoffrey Starks will officially leave the FCC on June 6th. In January, President Trump nominated Olivia Trusty to serve as an FCC Commissioner. She is awaiting Senate confirmation. Under the Communications Act, the FCC needs three Commissioners for a quorum.

Mergers & Acquisitions: Fiber Acquisition Operations Arkansas, LLC Purchasing Arkwest Communications, Inc.

June 2, 2025 – The FCC’s Wireline Competition Bureau is seeking public comment on a Section 214 transfer of control application filed by Arkwest Communications, Inc. (Arkwest / Licensee), Spectracomm, Inc. (Spectracomm / Transferor), and Fiber Acquisition Operations Arkansas, LLC (Fiber Acquisition / Transferee), requesting FCC consent to transfer control of Arkwest from Spectracomm to Fiber Acquisition. Comments are due on or before June 16, 2025, and reply comments are due June 23, 2025.

Arkwest, the acquisition target, is an Arkansas corporation. It operates a 100% fiber-to-the-premise (FTTP) network that provides local and long-distance telephone and broadband internet access service to residents in Yell, Scott, and Perry counties in Arkansas. Arkwest holds blanket domestic Section 214 authority, and is an Eligible Telecommunications Carrier (ETC). Spectracomm is an Arkansas corporation that acts as a holding company. It owns 100% of the equity interests in Arkwest. Spectracomm holds no state or federal license, and is not affiliated with any other domestic service provider.

Fiber Acquisition is a Delaware corporation that does not hold any state or Federal licenses. It is a wholly owned subsidiary of Fiber Acquisition Operations, LLC dba PhireLink.  PhireLink owns Rebeltec Communications, LLC, which provides high-speed fixed wireless and fiber-based broadband internet service to residential and business customers in Southeastern Colorado and Western Kansas. PhireLink also owns Camellia City Fiber, LLC, which provides high-speed fiber-based broadband internet services and Tammany Wireless Holdings, LLC, which provides high-speed fixed wireless broadband internet services, both to residential and business customers in St. Tammany Parish, Louisiana. Fiber Acquisition is thereby affiliated with Rebeltec, Camellia, and Tammany Wireless through common ownership. PhireLink is wholly owned by Fiber Acquisition Holdings, LLC, which is ultimately controlled by Glenn F. Post, James Davidson, and Benjamin A. Friedman, each a U.S. citizen.

Pursuant to the terms of an April 25, 2025, Stock Purchase Agreement, Fiber Acquisition will acquire all of the outstanding capital stock in Spectracomm. Arkwest will remain the wholly owned direct subsidiary of Spectracomm, and Spectracomm will become a directly owned subsidiary of Fiber Acquisition. Indirect control of Arkwest will be transferred to Fiber Acquisition. The Transaction will not affect the rates, terms, and conditions under which Arkwest’s current customers receive service, and will not result in the discontinuance of service to any of Arkwest's customers.

USAC Files Data For Third Quarter 2025 USF Contribution Base: $8,045,954,273

June 1, 2025 – The Universal Service Administrative Company (USAC) has filed projected universal service fund (USF) contribution base data for the third quarter of calendar year 2025. The revenue data will be used to determine the USF contribution factor for 3Q 2025.

For the third quarter of 2025, USAC has determined that the total projected collected interstate and international end user revenue base for the USF support mechanisms is $8,045,954,273. (For comparison purposes, for 1Q 2025, the projected contribution base was $8,176,991,774, and for 2Q 2025, it was $8,223,063,129.)

The 3Q 2025 contribution base data was calculated using projected revenue amounts for July – September 2025 reported by telecommunications service providers on their FCC Forms 499-Q, which were due May 1, 2025. For the third quarter of 2025, USAC received projected revenue data from 3,163 USF contributors who filed the Form 499-Q. USAC estimated revenue data for 247 non-de minimis service providers that had previously submitted Form 499-Q information to USAC, but failed to make the latest 499-Q filing.

After the Federal Communications Commission (FCC) approves the total USF contribution base, the quarterly funding requirements for USF support mechanisms, and projected USF administrative costs, the FCC will establish a USF contribution factor for the second quarter of 2025. The new contribution factor will be announced by an FCC Public Notice. Acting on behalf of the FCC, USAC will then bill USF contributors on a monthly basis for their individual obligations based on the approved contribution factor. USAC’s universal service filings with the FCC are available online.

May 2025

FCC Waives Certain Discontinuance Rules To Speed Transition From Copper Legacy Networks To Advanced Fiber IP Networks

May 29, 2025 – The FCC’s Wireline Competition Bureau, on its own motion, has granted blanket authority under Section 214(a) of the Communications Act for carriers to grandfather interconnected VoIP services provisioned over copper lines, and waived the associated requirement to file an application with the FCC under the FCC’s discontinuance rules. Also, the Wireline Bureau, on its own motion, has waived, for a period of two years, the need for carriers applying for Section 214(a) discontinuance authority to follow the testing methodology and parameters described in the 2016 Technology Transitions Order and Technical Appendix. According to the Bureau, the VoIP grandfather and waiver order reduces regulatory burdens and promotes the FCC’s goal of facilitating the transition away from legacy network technology to next-generation communications networks capable of carrying advanced communications services. It also furthers the public interest by freeing up carrier resources for the development and deployment of those next-generation networks and services, to the benefit of consumers.

FCC Updates National Broadband Map With Broadband Availability Data As Of December 2024

May 20, 2025 – The Federal Communications Commission (FCC) has published an updated version of the National Broadband Map showing broadband availability as of December 2024. According to the FCC’s announcement, the new map contains the following key broadband availability data points:

• The map currently shows there are 115.8 million broadband serviceable locations in the U.S. The list of broadband serviceable locations is continuously refined and updated with each version of the map.

• 110 million homes and small businesses (95 percent) have access to a terrestrial fixed service with speeds of 100 Mbps download and 20 Mbps upload (100/20) or greater — nearly a million more locations than the last broadband availability data collection in June 2024.

• Nearly 7 million additional locations gained access to fixed service with speeds of 1 Gbps download and 100 Mbps upload (1000/100) or greater since the last broadband data collection.

• On the mobile side, 96 percent of homes and small businesses have access to 5G mobile service with speeds of at least 7/1 Mbps, and 92 percent have access to 5G with speeds of 35/3 Mbps or greater.

• More than 5 million availability challenges and more than 10 million location challenges have been processed to date, resulting in millions of data corrections. The FCC also plays an active role in reviewing provider submitted data, initiating verifications and audits where warranted. Over 1,000 validations have led to hundreds of updates to provider filings.

Biennial Recertification Of ILEC Study Area Boundary Data Due June 30, 2025

May 20, 2025 – The FCC’s Office of Economics and Analytics and Wireline Competition Bureau have announced that the filing deadline for the biennial recertification of study area boundary data is June 30, 2025. Study area boundary data must be recertified by either incumbent local exchange carriers (ILECs) or state commissions that have voluntarily agreed to file study area boundary data on behalf of some or all ILECs operating within their jurisdictions. Current study area boundary map data are available online. Instructions for viewing the map data can be accessed online. Additional information on the study area boundary data collection is available on the FCC’s study area boundary webpage at http://www.fcc.gov/encyclopedia/study-area-boundary-data-collection.

E-Rate Funding Will Cover Demand For Category One And Category Two Service Requests In Funding Year 2025

May 20, 2025 – The FCC’s Wireline Competition Bureau has announced that there is sufficient funding available to fully meet the Universal Service Administrative Company’s (USAC) estimated demand for category one and category two requests for E-Rate-supported services for funding year 2025. USAC estimates the total demand for funding year 2025 will be $3.225 billion, which includes estimated demand for category one services of $1.806 billion, and of $1.418 billion for category two services. The E-Rate program inflation-based cap for funding year 2025 is $5.059 billion. As of March 31, 2025, USAC projects that $500 million in unused funds from prior funding years is available for use in E-Rate funding year 2025. The Wireline Bureau has directed USAC to use $500 million in unused E-Rate funds to offset the collection requirements needed to fully meet demand for category one and category two requests submitted for funding year 2025.

Mergers & Acquisitions: FCC Approves Verizon’s $20 Billion Acquisition Of Frontier

May 16, 2025 – The FCC’s Wireline Competition Bureau, Office of International Affairs, and Wireless Telecommunications Bureau have issued a Memorandum Opinion And Order that approves the transfer of control of domestic and international section 214 authorizations and wireless licenses held by wholly-owned subsidiaries of  Frontier Communications Parent, Inc. (Frontier) to Verizon Communications Inc. (Verizon). The FCC’s reasoning for granting the transfer of control application is summarized as follows:

After carefully and thoroughly reviewing the record and evaluating the likely public interest effects of the proposed transfer, we do not find any material transaction-related public interest harms arising from the proposed transfers of control. Further, we find that certain public interest benefits are likely to be realized, including the upgrading and expansion of Frontier’s fiber network. Accordingly, we conclude that granting the applications serves the public interest, convenience, and necessity.

The FCC approved the acquisition following Verizon’s decision to end its diversity, equity, and inclusion (DEI) program. Paragraph 33 of the Memorandum Opinion And Order addresses the Verizon’s decision to end its DEI policy and practices:

We also recognize Verizon’s commitment to equal opportunity employment and nondiscrimination as strengthening its investment and service quality efforts. Verizon states it is modifying its practices, including its leadership structure, training, corporate sponsorships, supplier selection, hiring, career development resources, and public and internal messaging, and has also committed to applying these changes to Frontier following the close of the proposed Transaction. We accept Verizon’s commitment to modify its practices as firm and definite, and expect that these changes will prevent DEI discrimination in the post-transaction company, as consistent with the law and the public interest.

Mergers & Acquisitions: Charter Communications Merging With Cox Communications In $34.5 Billion Deal

May 16, 2025 – Charter Communications, Inc. and Cox Communications have announced that they have entered into an agreement to merge their companies. Charter is one of the largest U.S. broadband providers, with roughly 30.1 million broadband customers across 41 states. Cox is the largest private broadband company in the U.S., serving around seven million homes and businesses across 18 states.

Within a year after the deal closes, the combined company will change its name to Cox Communications, and Spectrum will become the consumer-facing brand within the communities Cox serves. The transaction is subject to customary closing conditions, regulatory approvals, and Charter shareholder approvals. The combined entity will assume Cox’s approximately $12 billion in outstanding debt. Charter’s press release announcing the deal provides the following additional details of the transaction:

• Charter will acquire Cox Communications’ commercial fiber and managed IT and cloud businesses, and Cox Enterprises will contribute Cox Communications’ residential cable business to Charter Holdings, an existing subsidiary partnership of Charter.

• The proposed transaction values Cox Communications at an enterprise value of approximately $34.5 billion.

• As consideration in the transaction, Cox Enterprises will receive: $4 billion in cash; $6 billion notional amount of convertible preferred units in Charter’s existing partnership, which pay a 6.875% coupon, and which are convertible into Charter partnership units, which are then exchangeable for Charter common shares; and Approximately 33.6 million common units in Charter’s existing partnership, with an implied value of $11.9 billion, and which are exchangeable for Charter common shares.

• The combined company will remain headquartered in Stamford, CT, and will maintain a significant presence on Cox’s Atlanta, GA campus following the closing.

• Based on Charter’s share count as of March 31, 2025, at the closing, Cox Enterprises will own approximately 23% of the combined entity’s fully diluted shares outstanding, on an as-converted, as-exchanged basis, and pro forma for the closing of the Liberty Broadband merger.

• Charter expects approximately $500 million of annualized cost synergies achieved within three years of close – stemming from typical procurement and overhead savings. 

FCC Releases Final Agenda For Open Meeting On May 22nd

May 15, 2025 – The Federal Communications Commission has released the following final agenda for its next open meeting on Thursday, May 22, 2025:

• Promoting the Integrity and Security of Telecommunications Certification Bodies, Measurement Facilities, and the Equipment Authorization Program – The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking that would strengthen requirements and oversight relating to telecommunications certification bodies (TCBs), measurement facilities (test labs), and accreditation bodies to help ensure the integrity of these entities for purposes of our equipment authorization program, to better protect national security, and to advance the Commission’s comprehensive strategy to build a more secure and resilient communications supply chain. (ET Docket No. 24-136)

• Protecting our Communications Networks by Promoting Transparency Regarding Foreign Adversary Control – The Commission will consider a Notice of Proposed Rulemaking that proposes to require holders of covered Commission-issued licenses, authorizations, or approvals to certify whether they are owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary and, if so, to disclose foreign ownership interests and the nature of the foreign adversary ownership and control. (GN Docket No. 25-166)

• Expanding Use of the 12.7-13.25 GHz Band for Mobile Broadband or Other Expanded Use; Shared Use of the 42-42.5 GHz Band; Use of Spectrum Bands Above 24 GHz For Mobile Radio Services – The Commission will consider a Further Notice of Proposed Rulemaking that explores ways that the 12.7-13.25 GHz and 42.0-42.5 GHz bands could be used more intensively by satellite communications, as an alternative or a complement to the previous proposals for terrestrial wireless communications in these bands. (GN Docket No. 22-352, WT Docket No. 23-158, GN Docket No. 14-177)

The FCC’s May 22nd open meeting is scheduled to commence at 10:30 a.m. ET in the Commission Meeting Room of the Federal Communications Commission, 45 L Street, N.E., Washington, D.C. The meeting is open to the public, but the FCC headquarters building is not open access, and all guests must check in with and be screened by FCC security at the main entrance on L Street. All FCC open meetings are streamed live at www.fcc.gov/live.

ESPN Announces Direct-To-Consumer Streaming Service

May 13, 2025 – ESPN has announced that it will soon release a direct-to-consumer streaming service containing all of its programming, with various monthly or annual pricing plans. The ESPN unlimited plan will provide access to all of ESPN’s linear networks and all of ESPN’s other content for $29.99 per month or $299.99 annually. The select plan will provide access to all content available on ESPN+, ESPN studio shows, on-demand replays, and original content for $11.99 per month. ESPN also will offer bundles with Disney+ and Hulu. Additional details, including the specific launch date, will be announced later this summer.

FCC Commissioner Nathan Simington: Slash the Universal Service Fund

May 9, 2025 – Federal Communications Commission (FCC) Commissioner Nathan Simington and his Chief of Staff Gavin Wax have written an opinion piece in the Daily Caller titled “It’s Time For Trump To DOGE The FCC.” In the article, Commissioner Simington says “[t]he FCC is a prime candidate for DOGE-style reform.” He offers four suggestions for making DOGE-style reforms to the FCC, two of which relate to the universal service fund:

2. Slash the Universal Service Fund and Related Mandates

Few Americans realize that federally mandated fees, which are set at the sole discretion of the FCC, not Congress, to raise the cost of monthly phone bills for voice service by over 36 percent. These fees fund a patchwork of programs under the Universal Service Fund (USF), including the Internet Protocol Captioned Telephone Service (IP CTS) and other telecommunications relay services. While originally well-intentioned, many of these programs have become outdated, inefficient, and ripe for reform.

3. Modernize the Universal Service Fund Model

The broader USF is an amalgam of obsolete and overlapping initiatives. Programs like E-rate and Lifeline, while once valuable, have lost relevance in the age of widespread mobile internet and emerging satellite services. Wired internet subsidies are increasingly unnecessary and cost-inefficient.

The rise of satellite broadband, such as Starlink, and fixed wireless alternatives offer a more scalable, less expensive solution. Rather than spending billions to trench fiber cable to remote areas, the FCC should adopt a technology-neutral approach that lets innovation drive infrastructure deployment. Reforming USF to reflect these realities is long overdue and would align with DOGE’s mission of smarter, leaner government.

Senate Passes Congressional Review Act Resolution To Rescind FCC Rule Authorizing E-Rate Funding For Wi-Fi Hotspots

May 8, 2025 – The United States Senate has passed a joint resolution (S.J.Res.7) under the Congressional Review Act which disapproves the Federal Communications Commission’s (FCC) rule that authorizes E-Rate funding for Wi-Fi hotspots. In July 2024, the FCC approved a Report and Order and Further Notice of Proposed Rulemaking “to modernize the E-Rate program to meet the evolving needs of schools and libraries around the country by allowing for the distribution of Wi-Fi hotspots and services to students, school staff, and library patrons for off-premises use.” The Senate resolution canceling the E-Rate hotspot program passed by a vote of 50-38, and now moves to the House of Representatives for consideration. The Congressional Review Act (5 U.S.C. §§801-808) gives Congress a process for overturning certain federal agency actions.

Lowering Broadband Costs for Consumers Act of 2025  Introduced In The Senate – Would Require Broadband & Edge Providers To Contribute To USF

May 7, 2025 – Senators Markwayne Mullin (R-OK), Mark Kelly (D-AZ), Mike Crapo (R-ID), and Kevin Cramer (R-ND) have introduced the Lowering Broadband Costs for Consumers Act of 2025 (S. 1651). It has been referred to the Senate Committee on Commerce, Science, and Transportation. If passed into law, the bill would direct the Federal Communications Commission (FCC) to require broadband service providers and broadband edge service providers to contribute to the Universal Service Fund (USF). It also would do the following:

• Direct the FCC to reform the USF by expanding the base so that edge providers and broadband providers contribute on an equitable and nondiscriminatory basis to preserve and advance universal service;

• Limit assessments of edge providers to only those with more than 3% of the estimated quantity of broadband data transmitted in the United States and more than $5 billion in annual revenue;

• Direct the FCC to adopt a new mechanism under the current USF high-cost program to provide specific, predictable, and sufficient support for expenses incurred by broadband providers that are not otherwise recovered; and

• Limit the FCC’s authority over edge providers and broadband providers only to requiring contributions to the USF.

All ETCs Must File FCC Form 481  By July 1, 2025

May 6, 2025 – All eligible telecommunications carriers (ETCs) participating in the universal service High Cost or Lifeline programs y must file Federal Communications Commission (FCC) Form 481 for program year 2026 by July 1, 2025. FCC Form 481 is accessible through the Universal Service Administrative Company’s (USAC) E-file One Portal. Section 54.313 of the FCC’s rules requires ETCs participating in the High Cost or Lifeline programs to file FCC Form 481 on an annual basis. FCC Form 481 gathers information about a carrier’s holding company, operating companies, affiliates and branding designations (doing-business-as or DBA); ability to function in emergency situations; terrestrial backhaul; Tribal lands engagement; comparability of voice and broadband service rates in rural and urban areas; and supply chain certification. USAC has posted the FCC Form 481 template, filing instructions, and other related upload templates, to its website. These documents also are available on USAC’s Form 481 resource page.

FCC Requests Public Comment On Whether 2,057 Docketed FCC Proceedings Should Be Terminated As Dormant

May 2, 2025 – The FCC’s Consumer and Governmental Affairs Bureau (CGB) has released a Public Notice that seeks public comment on whether 2,057 docketed FCC proceedings should be terminated as dormant. Specifically, the CGB would like commenters to provide reasons why specific dockets should not be terminated as inactive or moot. Comments are due on or before 30 days after the date the Public Notice is published in the Federal Register. Reply comments are due 45 days after publication. All filings should reference the following docket number: CG Docket No. 25-165. Under the FCC’s rules, the Chief of CGB is authorized to periodically review all open FCC dockets and, in consultation with the responsible FCC Bureaus or Offices, to identify dockets that appear to be candidates for termination. Such dockets “include dockets in which no further action is required or contemplated as well as those in which no pleadings or other documents have been filed for several years.” However, the FCC’s rules also state that “proceedings in which petitions addressing the merits are pending should not be terminated, absent the parties’ consent.” The CGB has released a list of the dockets identified for termination which are sorted by responsible Bureau or Office and Proceeding Number.

USAC Issues Third Quarter 2025 Fund Size Projections For Universal Service Support Mechanisms

May 2, 2025 – The Universal Service Administrative Company (USAC) has filed the Federal Universal Service Support Mechanisms Fund Size Projections for the third quarter of 2025. The filing details the universal service fund’s (USF) total projected funding requirements for 3Q 2025, which includes costs that can be directly attributed to the High Cost, Low Income, Rural Health Care, and Schools and Libraries Support Mechanisms, as well as Connected Care Pilot Program costs, and projected administrative expenditures of each mechanism. All of USAC’s filings to the FCC are available here. USAC’s data shows the following total projected 3Q 2025 funding requirements for each USF support mechanism:

• High Cost Support Mechanism  –  $1.05065 billion (2Q 2025 was $1.1239 billion)

• Low Income Support Mechanism  –  $244.93 million (2Q 2025 was $305.12 million)

• Rural Health Care Support Mechanism  –  $179.03 (2Q 2025 was $176.10 million)

• Connected Care Pilot Program  –  USAC collected $100 million to fund the Connected Care Pilot Program. No additional collections are required.

• E-Rate Schools and Libraries Support Mechanism  –  $639.18 (2Q 2025 was $653.04 million)

USAC projects a consolidated budget of $73.60 million for 3Q 2025. This breaks out to $33.45 million in direct costs for all four support mechanisms, and $40.15 million in joint and common costs which include costs associated with billing, collection, and disbursement of universal service funds. The FCC will use the of the quarterly funding requirements for the four USF Support Mechanisms, the projected administrative expenses, and the USF contribution base amount to calculate the quarterly USF contribution factor. Copies of USAC’s historical USF filings are available on its website.

President Trump’s Proposed Fiscal Year 2026 Budget Does Not Provide New USDA Funding For Rural Broadband Expansion

May 2, 2025 – President Trump has released a budget plan for fiscal year (FY) 2026 that recommends discretionary funding levels for various federal government programs. The plan would not provide any new funding to the U.S. Department of Agriculture (USDA) for rural broadband expansion. The letter outlining the proposed discretionary funding levels states that “[n]o new USDA funding is needed for broadband expansion, as existing balances and other Federal resources are meeting planned growth.”

FCC Releases Tentative Agenda For Open Meeting On May 22nd

May 1, 2025 – Federal Communications Commission Chairman Brendan Carr has announced the following tentative agenda for the FCC’s open meeting on Thursday, May 22, 2025:

• Safeguarding the Equipment Authorization Process from Bad Labs – The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking that would strengthen requirements and oversight relating to telecommunications certification bodies (TCBs), measurement facilities (test labs), and accreditation bodies to help ensure the integrity of these entities for purposes of our equipment authorization program, to better protect national security, and to advance the Commission’s comprehensive strategy to build a more secure and resilient communications supply chain. (ET Docket No. 24-136)

• Identifying Foreign Adversary Ownership Stakes – The Commission will consider a Notice of Proposed Rulemaking that proposes to require holders of covered Commission-issued licenses, authorizations, or approvals to certify whether they are owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary and, if so, to disclose foreign ownership interests and the nature of the foreign adversary ownership and control. (GN Docket No. 25-166)

• Opening Up Spectrum for Satellite Broadband – The Commission will consider a Further Notice of Proposed Rulemaking that explores ways that the 12.7-13.25 GHz and 42.0-42.5 GHz bands could be used more intensively by satellite communications, as an alternative or a complement to the previous proposals for terrestrial wireless communications in these bands. (GN Docket No. 22-352, WT Docket No. 23-158, GN Docket No. 14-177)

The FCC’s May 22 open meeting is scheduled to commence at 10:30 a.m. ET in the Commission Meeting Room of the Federal Communications Commission, 45 L Street, N.E., Washington, D.C. The meeting is open to the public, but the FCC headquarters building is not open access, and all guests must check in with and be screened by FCC security at the main entrance on L Street. All FCC open meetings are streamed live at www.fcc.gov/live.

April 2025

FCC Issues NPRM That Proposes Ways To Close The Non-IP Network Robocall Loophole

April 29, 2025 – The Federal Communications Commission (FCC) has issued a Notice of Proposed Rulemaking (NPRM) which is intended to close the non-IP network robocall loophole. Comments are due on or before 30 days after the NPRM is published in the Federal Register. Reply comments are due 60 days after publication. To combat robocalls, the FCC approved rules requiring all IP-based voice service provider networks to implement STIR/SHAKEN. STIR/SHAKEN is defined as caller ID authentication standards that “serve as a common digital language used by phone networks, allowing valid information about a call to pass from provider to provider which, among other things, informs blocking tools of possible suspicious calls by making it easier to detect spoofed calls.” Consequently, the FCC’s rules require voice providers to either upgrade their non-IP networks to IP or work toward developing an alternative caller ID authentication solution for non-IP networks.

Over the past few years, the voice communications services industry has developed and begun to utilize frameworks for authenticating calls on non-IP networks. With the NPRM, the FCC is now officially evaluating “whether any such non-IP caller ID authentication frameworks meet the requirements in the TRACED Act, and whether [it] should require providers who have not completed their IP transitions to implement one or more of these frameworks in their non-IP networks by a date certain.” In the NPRM, the FCC posits that two existing frameworks meet [the TRACED Act] standards while taking further comment on a third.” The FCC proposes requiring that providers regularly certify to their implementation. Additionally, the FCC proposes there be a two-year grace period for compliance with any adopted final rules.

FCC Releases Final Agenda For Open Meeting On April 28th

April 21, 2025 – The Federal Communications Commission has released the following final agenda for the FCC’s open meeting on Monday, April 28, 2025:

• Modernizing Spectrum Sharing for Satellite Broadband – The Commission will consider a Notice of Proposed Rulemaking that would promote efficient spectrum sharing between geostationary and non-geostationary satellite systems.  To take account of today’s satellite technology and operations and to promote efficient co-existence and expanded services to American consumers, the item would review power limits developed in the 1990s on non-geostationary satellite orbit, fixed-satellite service systems for the protection of geostationary satellite networks. (SB Docket No. 25-157)

• Utilizing the Lower 37 GHz Band – The Commission will consider a Report and Order, Sixth Report and Order, and Further Notice of Proposed Rulemaking establishing a licensing framework for use of the 37–37.6 GHz band (Lower 37 GHz band). (WT Docket No. 24-243; GN Docket No. 14-177)

• Caller ID Authentication on Non-IP Networks to Block Robocalls – The Commission will consider a Notice of Proposed Rulemaking that proposes to develop a framework for evaluating whether non-IP caller ID authentication solutions are developed and reasonably available, as required by the TRACED Act, proposes to conclude that certain existing solutions satisfy those requirements, and proposes to require that providers that continue to rely on non-IP networks implement non-IP caller ID authentication solutions. (WC Docket No. 17-97)

• Clarifying Foreign Ownership Rules – The Commission will consider a Notice of Proposed Rulemaking that would set clear expectations about the Commission’s review under section 310(b) of the Act of foreign investment in common carrier wireless, aeronautical radio, and broadcast licensees to reduce unnecessary burdens on industry while continuing to protect the public interest, including national security, law enforcement, foreign policy, and trade policy. (GN Docket No. 25-149)

The FCC’s April 28 open meeting is scheduled to commence at 10:30 a.m. ET in the Commission Meeting Room of the Federal Communications Commission, 45 L Street, N.E., Washington, D.C. The meeting is open to the public, but the FCC headquarters building is not open access, and all guests must check in with and be screened by FCC security at the main entrance on L Street. All FCC open meetings are streamed live at www.fcc.gov/live.

FCC Suspends Seven Individuals From The E-Rate Program And All Other Federal Universal Service Fund Support Mechanisms

April 16, 2025 – The Federal Communications Commission (FCC) has suspended seven individuals from the E-Rate program and all other federal universal service fund support mechanisms. Also, the FCC’s Enforcement Bureau has initiated debarment proceedings against the seven individuals, all of whom have been convicted of fraud related to their participation in the E-Rate program. The FCC’s News Release provides the following information on the action:

Corporations controlled by these individuals requested over $35 million in E-Rate funds and received over $14 million in E-Rate funds from around 2010 to 2016, but did not provide much of the equipment for which they billed the federal government. The FCC’s Enforcement Bureau suspended each individual from further participation in the E-Rate program and began proceedings to ban them from participation in the future.

In 2023, the Department of Justice announced the sentencing of Peretz Klein, Ben Klein, Moshe Schwartz, Simon Goldbrener, Sholem Steinberg, Aron Melber, and Susan Klein, who previously pled guilty to defrauding the federal E-Rate program in connection with E-Rate funds provided to private religious schools in Rockland County, New York.

ISPs In Spain Are Blocking IP Addresses Connected To Live Pirated Streams Of La Liga Soccer Games

April 15, 2025 – Internet service providers in Spain are blocking IP addresses that are associated with live pirated streams of La Liga soccer games. The Commercial Court No. 6 of Barcelona, Spain issued an order in December 2024, which was upheld on appeal in March 2025, that authorizes La Liga to require Spanish ISPs to block the IP addresses that are facilitating pirated live streams. The court order was obtained by La Liga and Telefónica Audiovisual Digital S.L.U., who purchased the rights to broadcast La Liga matches in Spain for $1.36 billion. However, according to cloud infrastructure providers such as Vercel and Cloudfare, the IP address blocking is being implemented “without distinguishing between infringing and non-infringing services,” resulting in legitimate websites which have no connection to pirated streams being rendered inaccessible.

FCC Announces Tentative Agenda For Open Meeting On April 28th

April 7, 2025 – Federal Communications Commission Chairman Brendan Carr has announced the following tentative agenda for the FCC’s next open meeting scheduled for Monday, April 28, 2025:

• Modernizing Spectrum Sharing for Satellite Broadband – The Commission will consider a Notice of Proposed Rulemaking that would promote efficient spectrum sharing between geostationary and non-geostationary satellite systems.  To take account of today’s satellite technology and operations and to promote efficient co-existence and expanded services to American consumers, the item would review power limits developed in the 1990s on non-geostationary satellite orbit, fixed-satellite service systems for the protection of geostationary satellite networks. (SB Docket No. 25-157)

• Utilizing the Lower 37 GHz Band – The Commission will consider a Report and Order, Sixth Report and Order, and Further Notice of Proposed Rulemaking establishing a licensing framework for use of the 37–37.6 GHz band (Lower 37 GHz band). (WT Docket No. 24-243; GN Docket No. 14-177)

• Caller ID Authentication on Non-IP Networks to Block Robocalls – The Commission will consider a Notice of Proposed Rulemaking that proposes to develop a framework for evaluating whether non-IP caller ID authentication solutions are developed and reasonably available, as required by the TRACED Act, proposes to conclude that certain existing solutions satisfy those requirements, and proposes to require that providers that continue to rely on non-IP networks implement non-IP caller ID authentication solutions. (WC Docket No. 17-97)

• Clarifying Foreign Ownership Rules – The Commission will consider a Notice of Proposed Rulemaking that would set clear expectations about the Commission’s review under section 310(b) of the Act of foreign investment in common carrier wireless, aeronautical radio, and broadcast licensees to reduce unnecessary burdens on industry while continuing to protect the public interest, including national security, law enforcement, foreign policy, and trade policy. (GN Docket No. 25-149)

The FCC’s April 28 open meeting is scheduled to commence at 10:30 a.m. ET in the Commission Meeting Room of the Federal Communications Commission, 45 L Street, N.E., Washington, D.C. The meeting is open to the public, but the FCC headquarters building is not open access, and all guests must check in with and be screened by FCC security at the main entrance on L Street. All FCC open meetings are streamed live at www.fcc.gov/live.

FCC Announces Reduced Pricing For Access To Reassigned Numbers Database

April 7, 2025 – The Federal Communications Commission has announced reduced pricing for access to the Reassigned Numbers Database. Specifically, effective April 28, 2025, the pricing for querying the Reassigned Numbers Database will be reduced for all subscriptions by 20%, and two more Tiers (Tiers 3A and 4A) will be added. The Reassigned Numbers Database allows callers to determine whether a telephone number has been permanently disconnected and therefore is no longer assigned to the party the caller wants to reach. It contains reassigned number information from each provider that obtains North American Numbering Plan U.S. geographic numbers and toll free numbers. The FCC’s rules require service providers to report disconnection information to the Reassigned Numbers Database Administrator each month. Additional information about pricing is available on the Reassigned Numbers Database website.

FCC Wireline Bureau Issues Order Dismissing And Denying Enhanced A-CAM Petitions For Reconsideration

April 4, 2025 – The FCC’s Wireline Competition Bureau has issued an Order On Reconsideration which addresses several petitions for reconsideration of the 2023 Enhanced Alternative Connect America Cost Model (Enhanced A-CAM) Order. The FCC’s Enhanced A-CAM program will provide model-based funding to rural rate-of-return carriers that opt in to the program for a 15-year term in exchange for deploying 100/20 Mbps or faster broadband service and voice service to all locations in their service areas by the end of 2028.

The Bureau’s Order On Reconsideration addresses five petitions for reconsideration of various parts of the Order, filed by The ACAM Broadband Coalition; St. James Township and Peaine Township, Beaver Island, MI; Blooston Rural Carriers; the Coalition of RDOF Winners; and NTCA – The Rural Broadband Association.

First, the Bureau has clarified an Enhanced A-CAM support recipient’s obligations when filing cybersecurity and supply chain risk management plans, and as a result, has dismissed as moot a petition raising this issue.

Second, the other petitions, which raised several arguments, were denied or dismissed because the Bureau concluded they “fail to identify any material error, omission, or reason warranting reconsideration, rely on arguments that have been fully considered and rejected by the Commission, or raise issues beyond the scope of the Enhanced A-CAM Order.” The arguments raised in these petitions that were denied by the Bureau cover the following issues: changes to the enhanced a cam program’s deployment deadlines; processes for determining locations that are ineligible due to presence of unsubsidized competition; and provision of support to unserved areas subject to a previously awarded grant.

Mergers & Acquisitions: TurboNet Technologies’ RDOF Support & Obligations Transferred To United Fiber

April 2, 2025 – The FCC’s Wireline Competition Bureau has granted a Section 214 application filed by TurboNet Technologies, Inc. (TurboNet) and United Fiber, LLC (United Fiber). By granting the application, the Bureau’s has consented to the transfer of TurboNet’s Rural Digital Opportunity Fund (RDOF) support and related buildout and service obligations associated with three census block groups in Lafayette County, Missouri (291070902003, 291070902004, and 291070902005) to United Fiber. There are 72 census blocks and 496 locations in the three transferred census block groups. The total amount of RDOF support being assigned to United Fiber is $700,874.20.

March 2025

Compliance With New FCC NG911 Rules Required As Of March 25, 2025

March 25, 2025 – The FCC’s Public Safety and Homeland Security Bureau has announced that the Office of Management and Budget (OMB) has approved information collections related to the next generation 911 (NG911) rules adopted in the FCC’s July 2024 Report and Order containing. Accordingly, compliance with 47 C.F.R. § 9.31(a) through (c) and 9.34(a) and (b) is required as of March 25, 2025. Those rule sections are:

• Section 9.31(a) concerns phase 1 valid requests for delivery of 911 traffic in IP-based formats

• Section 9.31(b) concerns phase 2 valid requests for delivery of 911 traffic in IP-based formats

• Section 9.31(c) concerns originating service providers’ petitions challenging 911 Authorities’ phase 1 and 2 requests

• Section 9.34 concerns modification of NG911 requirements by mutual agreement

The Bureau’s Public Notice also explains how compliance with the new NG911 rules will work. To that end, the Bureau has opened three new dockets in the FCC Electronic Comment Filing System (ECFS) for filings required by the NG911 rules: (1) PS Docket No. 25-143 (phase 1 and 2 valid requests); (2) PS Docket No. 25-144 (petitions challenging valid requests); and (3) PS Docket No. 25-145 (mutual agreements modifying NG911 requirements).

FCC Council On National Security Investigating Chinese Companies

March 21, 2025 – Federal Communications Commission Chairman Brendan Carr has announced that the FCC’s Council on National Security has launched an investigation into the ongoing U.S. operations of CCP-aligned businesses whose equipment or services are on the FCC’s Covered List. Entities on the Covered List have been deemed to pose an unacceptable risk to the national security of the U.S. or the security and safety of U.S. persons. According to the announcement, the FCC believes some or all of the CCP-aligned businesses may still be operating in the U.S. The FCC has sent Letters of Inquiry and at least one subpoena to the entities to assess their current levels of operation and determine what further actions is necessary. The Covered List entities targeted in the investigation are: Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, China Mobile International USA Inc., China Telecom (Americas) Corp., Pacifica Networks Corp./ComNet (USA) LLC, and China Unicom (Americas) Operations Ltd. The full Covered List is below.

Final Agenda For FCC Open Meeting On March 27th

March 20, 2025 – The Federal Communications Commission has released the following final agenda for the FCC’s next open meeting scheduled for Thursday, March 27, 2025, at 10:30 am:

• Exploring Alternatives to GPS – The Commission will consider a Notice of Inquiry that would engage a wide range of stakeholders to build a record on specific actions it can take to help develop complements and alternatives to the Global Positioning System with the goal of ensuring robust and reliable Positioning, Navigation, and Timing technologies and solutions. (WT Docket No. 25-110)

• Facilitating Implementation of Next Generation 911 Services & Improving 911 Reliability – The Commission will consider a Further Notice of Proposed Rulemaking to safeguard the nation’s Next Generation 911 (NG911) transition by ensuring the reliability and interoperability of NG911 networks. (PS Docket Nos. 21-479, 13-75)

• Strengthening 911 Location Accuracy Rules – The Commission will consider a Sixth Further Notice of Proposed Rulemaking that proposes to strengthen caller location accuracy requirements for wireless calls to 911. (PS Docket No. 07-114)

• Restricted Adjudicatory Matter – The Commission will consider a restricted adjudicatory matter from the Media Bureau.

FCC Takes Action To Accelerate Technology Transitions – Legacy Copper Lines To Modern Fiber Networks

March 20, 2025 – The FCC’s Wireline Competition Bureau has taken a series of actions that are intended to make it easier for communications providers to retire legacy copper networks and transition them to modern high-speed networks. The FCC and the Bureau believe the actions will help communications providers “roll out upgraded, high-speed networks to more Americans on a faster timeline – rather than requiring providers to keep pouring resources into maintaining decades-old and increasingly expensive copper line networks.” The Bureau’s four technology transition actions are summarized below:

• Adopts a clarification that will enable providers to use streamlined procedures more often when they apply to discontinue copper lines – Order On Clarification (DA 25-250) – clarifies that a technology transition discontinuance applicant that elects to show, based on the totality of the circumstances, that a replacement service has substantially similar network performance and availability as the service being discontinued need not conduct the performance testing described in the 2016 Technology Transitions Order and its Technical Appendix. An applicant that elects to certify – rather than show – that a replacement service has substantially similar network performance and availability must follow the testing described in the 2016 Technology Transitions Order and its Technical Appendix.

• Adopts a waiver that allows providers to retire copper networks, not only in cases where replacement voice services are available on a stand-alone basis, but in cases where those services are available on a bundled basis – Order (DA 25-252) – waives the filing requirements in the FCC’s network change disclosure rules adopted under section 251(c)(5) of the Communications Act for a period of two years, unless the waiver is extended prior to its expiration; and in the case of short-term network changes and copper retirements, the Order eliminates the associated FCC public notice process, along with the objection process for interconnected service providers.

• Adopts an order that waives unnecessary requirements that kicked in whenever a provider “grandfathered” a legacy service—meaning, they stopped offering it to new customers – Order (DA 25-251) – grants authority under section 214(a) of the Communications Act for carriers to grandfather any legacy voice or data service currently covered by sections 63.71(k)-(l) of the FCC’s rules, and waives the associated requirement to file an application with the FCC under the discontinuance rules.

• Adopts an order that waives costly and excessive notice requirements in cases where they provide no demonstrable benefit. In fact, over the past two years, the FCC has processed more than 400 network change disclosure filings and not once has the FCC received a comment in opposition – Order (DA 25-248) – waives the requirement that a replacement voice service offered by the carrier or an unaffiliated provider be stand-alone in order for a technology transitions discontinuance application to be eligible for streamlined processing under the Alternative Options Test for a period of two year; by waiving the stand-alone requirement, a carrier may offer its own VoIP service bundled with other service offerings, as well as demonstrate the availability of another voice service throughout the affected service area that may only be available on a bundled basis; the Order also waives, or a period of two years, the requirement in the Adequate Replacement Test that a carrier demonstrate that a single replacement service satisfies all three prongs of the test in order to be eligible for streamlined processing.

FCC Commissioner Geoffrey Starks Announces Forthcoming Resignation

March 18, 2025 – Federal Communications Commission Commissioner Geoffrey Starks has announced that he will leave the FCC sometime in the Spring of 2025. His full announcement is below:

“Today I sent a letter to the President and Leader Schumer indicating that I intend to resign my seat as a Commissioner this spring. Serving the American people as a Commissioner on the Federal Communications Commission has been the honor of my life. With my extraordinary fellow Commissioners and the incredible career staff at the agency, we have worked hard to connect all Americans, promote innovation, protect consumers, and ensure national security. I have learned so much from my time in this position, particularly when I have heard directly from Americans on the issues that matter to them. I have been inspired by the passion, engagement and commitment I have seen from colleagues, advocates, and industry. Over the next few weeks, I look forward to working with the Chairman and my fellow Commissioners, and all FCC staff, to further the mission of the agency.”

Another New Record! USF Contribution Factor For Second Quarter Of 2025 – 36.6 Percent

March 13, 2025 – The FCC’s Office of Managing Director (OMD) has announced that the proposed universal service fund (USF) contribution factor for the second quarter of 2025 will be 36.6 percent. If the FCC takes no action on the proposed USF contribution factor within 14 days, it will be declared approved.

The 36.6 percent contribution factor for 2Q 2025 sets another new record, beating the previous all-time high of 36.3 percent during 1Q 2025. There has now been an increase to the USF contribution factor for four consecutive quarters (2Q 2024 – 32.8%; 3Q 2024 – 34.4%; 4Q 2024 – 35.8%; 1Q 2025 – 36.3%; 2Q 2025 – 36.6). Historical information on quarterly universal service fund contribution factors is available online from the FCC.

For the second quarter of 2025, the Universal Service Administrative Company (USAC) projects $8.223063 billion in total interstate and international end-user telecommunications revenues will be collected ($8.176992 billion in collections were projected for 1Q 2025). USAC estimates that $2.186160 billion is needed to cover the total demand and expenses for all Federal universal service support mechanisms (revenue requirement) in the second quarter of 2025 (the 1Q 2025 demand was estimated at $2.161100 billion). Total second quarter 2025 demand includes projected program support, administrative expenses, and true-ups and adjustments, which breaks out among the USF support mechanisms as follows:

• E-Rate Schools & Libraries:  $653.04 million (1Q 2025 was $657.15 million)

• Rural Health Care:  $104.10 million (1Q 2025 was $129.50 million)

• High-Cost:  $1.12390 billion (1Q 2025 was $1.08640 billion)

• Lifeline:  $305.12 million (1Q 2025 was $288.05 million)

FCC Chairman Establishes Council For National Security

March 13, 2025 – FCC Chairman Brendan Carr has announced the establishment of the FCC’s Council for National Security, which will leverage the full range of the Commission’s regulatory, investigatory, and enforcement authorities to promote America’s national security and counter foreign adversaries.” The Council will be comprised of representatives from eight Bureaus and Offices within the FCC, fostering cross-agency collaboration and information sharing. The Council will have a 3-part goal: (1) Reduce the American technology and telecommunications sectors’ trade and supply chain dependencies on foreign adversaries; (2) Mitigate America’s vulnerabilities to cyberattacks, espionage, and surveillance by foreign adversaries; and (3) Ensure the U.S. wins the strategic competition with China over critical technologies, such as 5G and 6G, AI, satellites and space, quantum computing, robotics and autonomous systems, and the Internet of Things.

Former FCC Chairman Ajit Pai Announced As New CEO Of CTIA–The Wireless Association

March 12, 2025 – CTIA, the wireless industry association, has announced that former FCC Chairman Ajit Pai has been named President and Chief Executive Officer, effective April 1, 2025. The following is from the CTIA press release announcing the change:

Pai will join CTIA from Searchlight Capital Partners, a leading global private investment firm. He will replace Meredith Attwell Baker, who announced her retirement last December and has served in the role since 2014.

“I am honored to lead CTIA. The wireless industry is a key driver of technology innovation and investment in the U.S. And it helps advance America’s global competitiveness, national security, and economic security,” Pai said. “Together, we will work to ensure that our nation’s spectrum and infrastructure policies promote U.S. global wireless leadership and keep consumers on the leading edge of innovation. I am thrilled to get to represent the companies across our country that are creating jobs, growing the economy, and benefiting hundreds of millions of consumers every day.”

FCC Chairman Launches Proceeding To Review, Eliminate FCC Regulations

March 12, 2025 – The Federal Communications Commission (FCC) has released a Public Notice which seeks “public input on identifying FCC rules for the purpose of alleviating unnecessary regulatory burdens.” Comments are due on or before Friday, April 11, 2025. Reply comments are due Monday, April 28, 2025. The FCC is “seek[ing] comment on deregulatory initiatives that would facilitate and encourage American firms’ investment in modernizing their networks, developing infrastructure, and offering innovative and advanced capabilities.” The FCC encourages commenters to consider the following policy factors when identifying and analyzing which FCC rules should be eliminated:

• Cost-benefit considerations;

• Experience gained from the implementation of the rule;

• Marketplace and technological changes;

• Regulation as barrier to entry;

• Changes in the broader regulatory context;

• Changes in, or other implications of, the governing legal framework; and

• Other considerations relevant to the retrospective review of Commission rules.

Mergers & Acquisitions: Private Equity Acquiring Kansas Broadband Provider Ideatek

March 11, 2025 – Last Dance Intermediate III, LLC (Transferee) and IdeaTek Holdings, LLC (Transferor) have filed a Section 214 application requesting FCC consent to transfer indirect control of IdeaTek Telcom, LLC (Licensee) from Transferor to Transferee. Financial details have not been made public, and the application has not yet been put on Public Notice by the Wireline Competition Bureau. The FCC docket for the transaction is WC 25-129.

Last Dance Intermediate III, LLC is a newly formed Delaware limited liability company created for the purpose of completing the Transaction. Last Dance Intermediate III, LLC is indirectly, wholly owned by Last Dance Holdings, L.P. (Last Dance Holdings), an investment fund also created for the purpose of the Transaction. Last Dance Holdings is primarily owned and controlled by funds and entities affiliated with Oak Hill Capital Management (Oak Hill) and Pamlico Capital Management (Pamlico), which are private equity funds based in the United States. The equity in the Oak Hill and Pamlico funds is held through passive limited (and insulated) partnership interests held by numerous, primarily U.S.-based investors, including individuals, trusts, institutions and business entities. Control of these funds ultimately rests in U.S. entities or citizens.

IdeaTek Holdings, LLC is a holding company that is primarily owned by (1) Equity Group of Kansas, LLC (32.52% equity) and (2) funds and entities controlled by Peppertree Capital Management, Inc. (46.08% equity).

IdeaTek Telcom, LLC primarily operates in Kansas, where it is authorized to provide local exchange and interexchange services and is designated as an Eligible Telecommunications Carrier (ETC). It is also authorized to provide local exchange, interexchange, and interconnected VoIP services in Missouri. IdeaTek Telcom, LLC has been authorized by the FCC to receive Connect America Fund Phase II auction support and Rural Digital Opportunity Fund Phase I support.

Pursuant to an Agreement and Plan of Merger, dated as of February 22, 2025, by and among the parties, Transferee will acquire all of the outstanding voting and equity interests in Transferor. As a result of the Transaction, Licensee will become an indirect, wholly owned subsidiary of Transferee. Transferee will remain indirectly, wholly owned by Last Dance Holdings. The parties maintain that the transaction will serve the public interest, and will have no adverse impact on the customers or operations of Licensee.

FCC Proposes Competitive Bidding Procedures For Auction Of AWS-3 Spectrum Licenses (Auction 113)

March 11, 2025 – The FCC’s Wireless Telecommunications Bureau and Office of Economics and Analytics have released a Public Notice which requests public comment on the competitive bidding procedures and auction design to be used for bidding to acquire licenses in Auction 113. Comments are due on or before April 10, 2025. Reply comments are due April 25, 2025.

In Auction 113, the FCC will auction 200 spectrum licenses in the 1695–1710 MHz, 1755–1780 MHz, and 2155–2180 MHz bands (the AWS-3 Bands). The FCC proposes to use an ascending clock auction format (a clock-1 format) wherein bidding in the clock phase will be for specific licenses to assign the licenses offered in Auction 113. The list of the 200 spectrum licenses up for auction is available in the Attachment A file on the FCC’s Auction 113 website at www.fcc.gov/auction/113. Of the 200 licenses, 48 will be Economic Area (EA) licenses and 152 will be Cellular Market Area (CMA) licenses. The AWS-3 frequencies will be licensed in five and ten megahertz blocks, with each license having a total bandwidth of five, ten, or twenty megahertz. The 1695–1710 MHz band will be licensed in an unpaired configuration for low-power mobile transmit (i.e., uplink) operations.8 The 1755–1780 MHz band will be licensed paired with the 2155–2180 MHz band, with the 1755–1780 MHz band authorized for low-power mobile transmit (i.e., uplink) operations and the 2155–2180 MHz band authorized for base station and fixed (i.e., downlink) operations.

Proceeds from Auction 113 will support the FCC’s Supply Chain Reimbursement Program, which implements the Secure and Trusted Communications Networks Act of 2019 by reimbursing eligible advanced communications service providers for their costs to remove, replace, and dispose of Huawei Technologies Company or ZTE Corporation equipment and services obtained on or before June 30, 2020.

FCC Announces E-Rate & Rural Health Care Programs’ Annual Funding Cap For 2025

March 7, 2025 – The FCC’s Wireline Competition Bureau has announced the E-Rate and Rural Health Care (RHC) programs’ annual caps for funding year 2025. Each program’s amount is based on a 2.4% inflation-adjusted increase from 2024. In its Public Notice, the Bureau has provided the following details:

E-Rate Program: The E-Rate program funding cap for funding year 2025 is $5,058,637,966. This amount represents a 2.4% inflation-adjusted increase to $4,940,076,139, the annual cap for the program last year. In 2010, the Commission began adjusting the E-Rate program’s annual cap based on the rate of inflation using the Gross Domestic Product – Chain-type Price Index (GDP-CPI) to help ensure funding keeps pace with the changing broadband and telecommunications needs of schools and libraries.

RHC Program: The RHC program funding cap for funding year 2025 is $723,892,841. The internal cap for upfront payments and multi-year commitments in the Healthcare Connect Fund program is $182,780,877. The internal cap for upfront payments and multi-year commitments will apply only if RHC program demand exceeds available funding. These new funding caps represent a 2.4% inflation-adjusted increase to the $706,926,603 RHC program funding cap and the $178,496,951 internal cap for the Healthcare Connect Fund program’s multi-year commitments and upfront payments from funding year 2024. The Commission began indexing the RHC program annual cap to inflation in 2018 to ensure that the RHC program funding keeps pace with the changing broadband and telecommunications needs of rural health care providers. In 2020, the Commission also began indexing the internal cap on multi-year commitments and upfront payments to inflation to prevent inflation from eroding the purchasing power of health care providers requesting multi-year commitments and upfront payments through the Healthcare Connect Fund Program.

FCC Announces Tentative Agenda For Open Meeting On March 27th

March 6, 2025 – Federal Communications Commission Chairman Brendan Carr has announced the following tentative agenda for the FCC’s next open meeting scheduled for Thursday, March 27, 2025:

• Exploring Alternatives to GPS – The Commission will consider a Notice of Inquiry that would engage a wide range of stakeholders to build a record on specific actions it can take to help develop complements and alternatives to the Global Positioning System with the goal of ensuring robust and reliable Positioning, Navigation, and Timing technologies and solutions. (WT Docket No. 25-110)

• Ensuring NG911 Resiliency, Reliability, Interoperability, and Accessibility – The Commission will consider a Further Notice of Proposed Rulemaking to safeguard the nation’s Next Generation 911 (NG911) transition by ensuring the reliability and interoperability of NG911 networks. (PS Docket Nos. 21-479, 13-75)

• Strengthening 911 Location Accuracy Rules – The Commission will consider a Sixth Further Notice of Proposed Rulemaking that proposes to strengthen caller location accuracy requirements for wireless calls to 911. (PS Docket No. 07-114)

• Restricted Adjudicatory Matter – The Commission will consider a restricted adjudicatory matter from the Media Bureau.

U.S. Secretary Of Commerce Howard Lutnick Releases Statement On Impending Changes To NTIA’s BEAD Program

March 5, 2025 – U.S. Secretary Of Commerce Howard Lutnick has released a statement on impending changes to the National Telecommunications and Information Administration’s (NTIA) Broadband Equity, Access, and Deployment (BEAD) program. In the statement, provided below, Secretary Lutnick announces that changes will be made to the BEAD programs’ requirements:

“In 2021, Congress created the Broadband Equity, Access, and Deployment (BEAD) program to expand Americans’ access to high-speed internet. But, years later, because of the prior Administration’s woke mandates, favoritism towards certain technologies, and burdensome regulations, the program has not connected a single person to the internet and is in dire need of a readjustment. Under my leadership, the Commerce Department has launched a rigorous review of the BEAD program. The Department is ripping out the Biden Administration’s pointless requirements. It is revamping the BEAD program to take a tech-neutral approach that is rigorously driven by outcomes, so states can provide internet access for the lowest cost. Additionally, the Department is exploring ways to cut government red tape that slows down infrastructure construction. We will work with states and territories to quickly get rid of the delays and the waste. Thereafter we will move quickly to implementation in order to get households connected. Under the revamped BEAD program, all Americans will receive the benefit of the bargain that Congress intended. We’re going to deliver high-speed internet access, and we will do it efficiently and effectively at the lowest cost to taxpayers.”

Mergers & Acquisitions: Laurel Highland Total Communications Acquiring Pennsylvania Telephone Company

March 3, 2025 – The FCC’s Wireline Competition Bureau is seeking comment on a Section 214 application filed by New Lisbon Holdings, Inc. (NLHI) and Laurel Highland Total Communications, Inc. (LHTC), requesting approval to transfer control of NLHI’s wholly owned subsidiary, Pennsylvania Telephone Company, Inc. (PTC), to LHTC. The Bureau has accepted the Section 214 application for non-streamlined processing because the proposed transaction is more complex than those accepted for streamlined treatment. Comments are due on or before March 17, 2025, and reply comments are due March 24, 2025.

NLHI is an Indiana corporation and holding company. PTC is a Pennsylvania corporation that is wholly owned by NLHI. PTC provides service as a rural incumbent local exchange carrier (ILEC) to approximately 640 access lines in the southern portions of Clinton and Lycoming Counties in south-central Pennsylvania.

LHTC is a Pennsylvania corporation and holding company. LHTC wholly owns Laurel Highland Telephone Company, Yukon-Waltz Telephone Company, South Canaan Telephone Company, and Lackawaxen Telecommunications Services, Inc., each Pennsylvania corporations providing service as rural ILECs to approximately 4,990 access lines in portions of Westmoreland, Fayette, Wayne, and Pike counties, Pennsylvania. Each of LHTC’s wholly owned rural ILECs have been designated as eligible telecommunications Carriers (ETCs) in Pennsylvania. LHTC also wholly owns Laurel Highland Long Distance Company, LHTC Communications, Inc., and South Canaan Services Company, each Pennsylvania corporations providing telecommunications services as competitive carriers.

Pursuant to a January 2025 Stock Purchase Agreement, LHTC will acquire all operations and assets of the PTC from NLHI.  Following consummation of the transaction, LHTC, PTC, and NLHI will continue to hold domestic Section 214 authority in their respective serving areas. PTC will continue to exist and operate under its existing corporate structure. The applicants state that granting the application will serve the public interest, convenience, and necessity. The further claim that PTC’s customers will not experience any immediate change to rates, terms, or conditions of service, and in no event will the proposed transaction result in the interruption, reduction, loss, or impairment of service.

National Telecommunications And Information Administration Organization Act Would Establish An Office Of Policy Development And Cybersecurity Within NTIA

March 3, 2025 – Representatives Jay Obernolte (R-CA) and Jennifer McClellan (D-VA) have introduced the National Telecommunications and Information Administration Organization Act, H.R. 1766. If passed, the bill would establish an Office of Policy Development and Cybersecurity within NTIA, which would “develop and implement cybersecurity and privacy policies for the internet and communications networks.” The same bill was introduced during the last Congress and passed the House, but failed in the Senate. H.R. 1766 has been referred to the House Committee on Energy and Commerce.

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