Federal Communications Commission Chairman Brendan Carr has been leading the agency for just over a year. Keller and Heckman’s Communications and Technology Practice has been monitoring key actions taken by the FCC that were priorities of the Chairman (highlighted here), as well as anticipated actions we expect the agency to take in 2026.
- Modernizing the Commission’s NEPA and NHPA Rules: In response to the Trump Administration’s Executive Order 14154 (“Unleashing American Energy”), which prioritized the effective streamlining of agency regulations, the Commission adopted a Notice of Proposed Rulemaking (“NPRM”) proposing to revise the Commission’s implementation of the National Environmental Policy Act (“NEPA”). The NPRM proposed to limit the FCC’s environmental review requirements by excluding geographic and site-based license applications, as well as earth station licenses and antenna structure registrations (“ASR”). Additionally, the Commission sought comment on reducing administrative burdens to perform Environmental Assessments and Environmental Impact Statements and streamline joint agency procedures during the environmental review process. Comments and reply comments have concluded, and parties await the release of a Report and Order. You can find more information about this proceeding in Keller and Heckman’s Regulatory Recap from last year.
- Facilitating the Implementation of NG911 and Improving 911 Reliability: Last September, the Commission completed a comment cycle on a Further Notice of Proposed Rulemaking (“FNPRM”) involving a rule update to facilitate the NG911 transition and ensure that the transition does not inadvertently create vulnerabilities in public safety networks. The proposed rules would also establish NG911 interoperability requirements for the interstate transfer of 911 traffic. A Report and Order is expected in 2026.
- Rebanding the 900 MHz Band: In 2020, the Commission adopted a Report and Order (“R&O”) that paved the way for Anterix to aggregate narrowband 900 MHz channels authorized under Part 90 of the Commission’s rules into a single 3×3 MHz broadband license on a county-by-county basis. Anterix has been working for several years to migrate incumbents off of these channels to clear this spectrum for the company’s broadband offering. In 2024, Anterix proposed that it be permitted to aggregate the entire 900 MHz band to a 5×5 MHz broadband offering. The Commission sought comment on implementing Anterix’s proposal in an NPRM issued last year and effectively approved the proposal in an Order adopted at its February 18th Open Meeting. The new rules largely retain the existing technical standards and eligibility requirements in the band. However, one significant change relates to the mandatory relocation of incumbent narrowband licensees. In the 3×3 MHz portion of the band, once a party acquires 90% or more of the broadband portion of the band, they could require remaining incumbents to relocate to alternative spectrum (though the acquiring party would be required to pay for this relocation). Under the 5×5 MHz rules, such mandatory relocation is not permitted outside of 897.5–900.5/936.5–939.5 MHz.
- GVP Device Operations in the Unlicensed 6 GHz Band: At the January Open Meeting, the Commission adopted a Report and Order authorizing further unlicensed operations in the 6 GHz Band for very low power (“VLP”) devices. The R&O authorized geofenced variable power (“GVP”), subject to technical limitations, to operate alongside VLP and low-power indoor (“LPI”). The R&O describes how incumbent microwave users in the band will be protected from interference from the newly approved unlicensed devices. However, in January of this year, the Utilities Technology Council submitted an ex parte letter to the FCC arguing that unlicensed devices in the 6 GHz band cause harmful interference to licensed fixed point-to-point microwave systems in this band. In addition to the new rules, the Commission adopted a Third Notice of Proposed Rulemaking seeking comment on further updates to the 6 GHz band unlicensed rules.
- Wireline and Wireless Permitting Reform: Last fall, the Commission initiated two closely related proceedings to remove perceived barriers to telecommunications and broadband deployments. In the first, the Commission issued a Notice of Inquiry (“NOI”), seeking comment on the permitting, fees, and terms and conditions that state and local governments impose on wireline telecommunications providers seeking to access public rights-of-way and government-owned poles and conduits. In the second, the Commission issued a Notice of Proposed Rulemaking, seeking comment on wireless permitting practices of state and local governments. Both proceedings have been undertaken as part of the Administration’s “Build America Agenda,” and both seek to broaden the scope of Section 253 of the Communications Act to remove state and local legal requirements that have the effect of prohibiting the provision of telecommunications service. More information about this proceeding is available on Keller and Heckman’s Regulatory Recap summarizing the Commission’s NOI.
- Pole Attachment Rules: The Commission is continuing its years-long effort to facilitate access to utility poles, primarily by placing even more burdens and constraints on pole owners. In its pole attachment rulemaking proceeding that has remained open since 2017, the Commission released its Fifth Report and Order and Fourth Further Notice of Proposed Rulemaking on July 25, 2025. This ruling establishes contractor approval deadlines, extends make-ready deadlines to requests to attach to 3,000-6,000 poles in a month, adds new requirements for pole owners and attachers to coordinate buildouts, and provides a new self-help remedy for make-ready estimates. The latest proposed rules address possible deadlines for attachment installations, limitations on make-ready estimates, expanding the reach of one-touch make-ready, a deadline for “on-boarding” new contractors, and mandatory access to streetlight-only poles.
If you have any questions about the above, please contact a member of Keller and Heckman’s Communications and Technology Practice Group.