On September 11, 2025, the FCC released a Consent Decree with T-Mobile US, Inc. (“T-Mobile”) formally resolving an investigation into whether T-Mobile violated section 302 of the Communications Act of 1934 and parts 2 and 15 of the FCC Rules, specifically concerning the import, marketing, and sale of its REVVL 7 PRO 5G smartphone. The
Telecom Policy
Playing Defense Under the New BEAD
Under the BEAD Restructuring Policy Notice issued by NTIA on June 6 (“Policy Notice”),[1] state and territory broadband offices must rescind all preliminary and provisional BEAD awards made under the prior rules and must, in very short order, run a single competitive round with a strong preference for providers that promise to…
Commerce Department’s New BEAD Reform Notice Upends Structure of Program
This is the first of several planned blogs on the recently released NTIA BEAD Restructuring Policy Notice (“Notice”).
In early March, Department of Commerce Secretary Howard Lutnick paused all funding under the $42.5 billion BEAD program pending a “rigorous review” by the new administration. At that time, the Secretary announced his intention to “rip out”…
BEAD Reform Raises a Number of Policy Issues and Potentially Adds Delay
Even before taking office, incoming members of the Trump Administration and some Republican members of Congress criticized various regulatory requirements in the $42.5 billion BEAD program as being unnecessarily burdensome and contributing to a perceived slow rollout of BEAD funding. The Commerce Department and Congress have now begun efforts to streamline and reform the BEAD…
The End of Chevron Deference for Agency Decisions: Potential Implications for Telecommunications Policy
The Supreme Court in a 6-3 vote overturned the landmark decision in Chevron v. Natural Resources Defense Council, sharply limiting the authority of federal administrative agencies, including the FCC.[1] After the decision in Loper Bright Enterprises v. Raimondo,[2] it will be easier to challenge and overturn agency decisions, and federal agencies…
DISH Calls Foul on T-Mobile’s Plans for 800 MHz Spectrum
In 2019, the U.S. Department of Justice and the states of Kansas, Nebraska, Ohio, Oklahoma, and South Dakota brought a civil antitrust suit opposing the merger of T-Mobile and Sprint. According to the lawsuit, consolidating nationwide carriers from four to three would reduce competition to an unacceptable degree, ultimately harming consumers. To resolve the complaint,…
Open Internet Rules
On May 7, 2024, the FCC released a Declaratory Ruling reclassifying “broadband Internet access service” (“BIAS”) as a “telecommunications service” subject to the jurisdiction of the FCC under Title II of the Communications Act. It was accompanied by an Order removing BIAS from most Title II regulations, and a Report and Order applying a set…
NTIA Adopts Programmatic Waiver of Letter of Credit Requirement for BEAD Funding
The National Telecommunications and Information Administration (“NTIA”) has adopted a “Programmatic Waiver” of its letter of credit (“LOC”) requirement for subgrantees of funding under the $42.5 billion Broadband Equity, Access and Deployment (“BEAD”) program created by the Infrastructure and Investment Job Act (“IIJA”). This is big news for small and mid-size public and private entities…
Little-Known Drone Radio Compliance Requirement Subject of FCC Rulemaking
Drones, or unmanned aerial vehicles (UAVs), are experiencing rapid growth throughout the world. In the United States, the FAA expects the recreational UAV fleet to reach almost 1.5 million units by 2024. Significant growth is also expected in commercial drones used for safety, delivery, and service operations, with the number of such aircraft expected to…
FCC Proposes New NG911 Rules
Last week, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (NPRM) to help facilitate the nationwide transition to Next Generation 911 (NG911). The Commission will vote on this NPRM at its Open Meeting on June 8th.
Background
In October 2021, the National Association of State 911 Administrators …