On September 9th, the Federal Communications Commission (FCC or the Commission) released a tentative agenda for its September Open Meeting, which is scheduled to take place on Tuesday, September 30, at 10:30 a.m. ET. The Commission released public drafts of the five items expected to be considered at the Open Meeting, which are detailed below:
- Build America: Eliminating Barriers to Wireless Deployments – Notice of Proposed Rulemaking, WT Docket No. 25-276.
The Commission will consider a Notice of Proposed Rulemaking (NPRM) that seeks comment on reforms that would streamline the process for deploying towers and other wireless infrastructure. The NPRM builds on prior Commission action related to section 6409(a) of the Spectrum Act of 2012, through which the Commission previously has expedited state or local approval of tower and wireless base station modifications. The NPRM specifically seeks comment on the definition of “concealment elements,” which builders use to minimize the visual impact of towers, and also seeks comment on other changes to make the buildout of wireless infrastructure more efficient. In addition, the NPRM seeks comment on any further steps the Commission should take to reduce the impact of state and local permitting regulations on the deployment of wireless infrastructure, and whether the Commission should implement alternative dispute resolution procedures or an accelerated docket process to support resolution of permitting disputes. Notably, the NPRM also seeks comment on whether state or local regulations addressing the use of artificial intelligence (AI) may be an effective prohibition on wireless providers’ ability to provide service using AI technologies. - Build America: Eliminating Barriers to Wireline Deployments – Notice of Inquiry, WC Docket No. 25-253.
The Commission will vote on advancing a Notice of Inquiry (NOI) that investigates state and local statutes, regulations and legal requirements that impede or have the effect of prohibiting the provision of wireline telecommunications services, resulting in violations of Section 253 of the Communications Act. The NOI is prompted by requirements that providers obtain authorizations from state and local governments to deploy wireline facilities using public rights-of-way, which the NOI indicates is a burdensome process that increases costs and causes delays in deployments. In the NOI, the Commission seeks comment on the types of delays that providers face when attempting to obtain authority to use state and local public rights of way for wireline telecommunications services. The Commission also seeks comment on fees and in-kind compensation requirements for obtaining such authorizations, and on whether the fees and requirements have the effect of prohibiting the provision of wireline telecommunications in violation of Section 253. Notably, the NOI asks whether state or local laws seeking to govern or limit uses of AI are prohibiting or effectively prohibiting the provision of wireline telecommunications services. - Promoting Technological Solutions to Combat Contraband Wireless Device Use in Correctional Facilities – Third Further Notice of Proposed Rulemaking, GN Docket No. 13-111.
The Commission will consider a Third Further Notice of Proposed Rulemaking that seeks comment on a proposed framework to authorize, for the first time, non-federal operation of radio frequency (RF) jamming solutions in correctional facilities—expanding the scope of technical options available to corrections officials address inmate use of unauthorized wireless devices. In particular, the Commission proposes to deauthorize operation of contraband wireless devices in correctional facilities to allow the Commission to license jamming solutions to combat contraband device use in a way that complies with Section 333 of the Communications Act’s prohibition against willful or malicious interference to authorized stations. The Commission also proposes to leverage the Commission’s existing leasing process as a preferred approach to licensing jamming solutions and seeks comment on whether certain restrictions are necessary to ensure that jamming operations are limited to deployments in correctional facilities. In addition, the Commission proposes to require wireless providers to engage in good faith lease negotiations with entities seeking to deploy a jamming solution in a correctional facility, but in the absence of a good faith agreement, the department of corrections/solutions provider would be eligible to apply for a non-exclusive overlay license. The NPRM seeks detailed comment on its overlay licensing proposal, the technical requirements that should apply to jamming operations and the appropriate equipment authorization procedures. - 2022 Quadrennial Regulatory Review – Review of the Commission’s Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996 – Notice of Proposed Rulemaking, MB Docket No. 22-459.
The Commission will consider an NPRM that would seek comment on whether it should retain, modify or eliminate its broadcast ownership rules. Pursuant to section 202(h) of the Telecommunications Act of 1996, the Commission is required to review certain broadcast ownership rules every four years to determine whether the rules remain “necessary in the public interest as the result of competition” and to repeal or modify any rule it finds no longer in the public interest. The NPRM identifies three rules that are now subject to this quadrennial review: (1) the Local Radio Ownership Rule, which limits the total number of radio stations that may be commonly owned in a local market; (2) the Local Television Ownership Rule, which limits a single entity from owning more than two television stations in the same local market; and (3) the Dual Network Rule, which prohibits a merger between or among the Big Four broadcast networks (ABC, CBS, FOX and NBC). This NPRM aligns with the agenda of FCC Chairman Brendan Carr, who has previously expressed a desire to repeal or modernize the Commission’s broadcast ownership rules. - Deleting Obsolete and Duplicative Wireline Rules – Direct Final Rule, GN Docket No. 25-133.
The Commission will consider as part of the In re: Delete, Delete, Delete proceeding a Direct Final Rule that would delete nearly 400 primarily wireline-related rules and requirements. According to the Commission’s press release, the rules at issue govern obsolete technology, are duplicative and are no longer used in practice. The release notes that these rules pertain to a wide variety of now-defunct topics, including regulatory reporting requirements, distinctions between wireline carriers that are no longer applied, technology that has been eclipsed, and dates pertaining to pricing, universal service, pilot programs and equipment requirements that have long ago passed. The Commission would find that prior notice and comment before repealing these rules is “unnecessary” under the Administrative Procedure Act, but would provide a 20-day period for comment for input on this assessment, with the identified rules automatically being repealed absent any significant adverse comments in response to this Direct Final Rule. The Commission has not yet identified the rules that would be subject to deletion as part of this Direct Final Rule.