Despite the ongoing government shutdown and the Federal
Communications Commission's (FCC) cessation of most of its
operations, on October 7, the FCC Chairman Brendan Carr released an
ambitious and expansive tentative agenda for the Commission's
October Open Meeting, which is scheduled to take place on Tuesday,
October 28th at 10:30 a.m. ET. The Chairman is dubbing October
"Space Month" because of new initiatives aimed at
modernizing the regulatory framework for space innovation. Public
drafts of the nine items expected to be considered at the Open
Meeting are detailed below:
- Space Modernization for the 21st
Century – Notice of Proposed Rulemaking,
SB Docket No. 25-306. The Notice of Proposed Rulemaking
(NPRM) would propose to "overhaul and modernize" the
space and earth station licensing process. Specifically, the NPRM
would propose replacing the Commission's existing Part 25 rules
with new Part 100 rules. Substantively, the NPRM would propose an
expedited licensing processing framework based on bright-line
criteria that are presumed to be in the public interest, with the
goals of accelerating FCC processing timelines and providing
greater predictability and flexibility for
applicants—creating an "assembly line" designed to
facilitate quick and easy application grants. The NPRM also would
propose to reform and expedite application handling by simplifying
application requirements and timelines, and creating rules that
support innovative and novel space activities. Additional
efficiency reforms include proposals to modify processing round
procedures for non-geostationary orbit (NGSO) satellite systems,
remove surety bond requirements for geostationary orbit space
stations and for certain NGSO space stations, and extend license
terms for most space stations and earth stations to 20 years, among
other proposals. New Part 100 also would delete certain Part 25
rules deemed unnecessary and reorganize the new rules. This NPRM
comes at a time of significant growth in the space industry, and
this upcoming rulemaking to modernize space licensing is eagerly
anticipated by the satellite industry.
- Facilitating More Intensive Use of Upper
Microwave Spectrum – Notice of Proposed
Rulemaking, SB Docket No. 25-305. In a nod to the growing
space economy and resulting interest in using upper microwave
spectrum, and in a tacit acknowledgement of the physical
limitations of intensive terrestrial use of millimeter wave
frequencies, this draft NPRM would seek comment on measures that
will facilitate more intensive satellite use of spectrum in the 24
gigahertz (GHz), 28 GHz, upper 37 GHz, 39 GHz, 47 GHz and 50 GHz
bands (together, the UMFUS bands). In response to space industry
interest in using the UMFUS bands for Fixed-Satellite Service (FSS)
operations, the NPRM would seek comment on allowing UMFUS licensees
and FSS operators to enter into voluntary agreements that enable
more coordinated use of spectrum in the UMFUS bands. The NPRM also
would seek comment on revisions to protection criteria in Section
25.137 of the Commission's rules, and generally seek comment on
making the earth station application process less burdensome.
- Protecting Against National Security
Threats to the Communications Supply Chain through the Equipment
Authorization Program – Second Report
and Order and Second Further Notice of Proposed Rulemaking, ET
Docket No. 21-232. This draft proposal would continue the
Commission's focus on actions aimed to protect the supply chain
for communications equipment and services within the United States.
The Second Report and Order (2nd R&O) would clarify that
covered equipment includes modular transmitters and thus extend the
prohibition on authorization of covered equipment to devices with
modular transmitters that are themselves covered equipment. The 2nd
R&O also would establish a procedure to limit prior grants of
equipment authorizations of covered equipment, indicating that the
continued importation and marketing of such equipment is
prohibited, but continued operation or use of such devices already
in the U.S. is not prohibited. It also would clarify the term
"produced by" and the device modification procedures
related to covered equipment. The Second Further Notice of Proposed
Rulemaking (2nd FNPRM) would seek additional comment on modular
transmitters and component parts, propose a definition of
"critical infrastructure" as used in the Commission's
Covered List of equipment and services deemed to pose a national
security risk to the United States, and seek comment on clarifying
the scope of activities that constitute the marketing of equipment.
The 2nd FNRPM would also seek comment on measures to strengthen
enforcement of the marketing prohibitions.
- Authorizing Permissive Use of the
"Next Generation" Broadcast Television
Standard – Fifth Further Notice of
Proposed Rulemaking, GN Docket No. 16-142. The Fifth
Further Notice of Proposed Rulemaking (5th FNPRM) represents the
latest step in the Commission's yearslong effort to support and
accelerate the voluntary, market-based broadcast television
transition to Next Gen TV that uses the ATSC 3.0 standard. The 5th
FNPRM would tentatively conclude that television stations can begin
broadcasting exclusively in ATSC 3.0 and should be permitted to
broadcast in both the ATSC 1.0 and 3.0 standards. The 5th FNPRM
also would seek comment on a broad list of issues related to Next
Gen TV, including the sunset of ATSC 1.0 service and options to
offset consumer costs.
- Advancing IP Interconnection
– Notice of Proposed Rulemaking, WC Docket Nos.
25-304, 25-208, 17-97. The NPRM would make a series of
proposals to support the transition of communications networks to
all-Internet Protocol (IP) technology by revising the
Commission's rules for local exchange carrier (LEC)-specific
interconnection. In particular, the NPRM would seek comment on the
current state of IP and legacy time-division multiplexing
technology for voice services and the impact of eliminating the
incumbent LEC-specific interconnection regulatory framework on
other statutory frameworks or Commission rules. The NPRM would also
seek comment on ways the Commission can facilitate a successful
transition to all-IP interconnection for voice services while
ensuring oversight of public safety and consumer protection.
- Empowering Broadband Consumers Through
Transparency – Further Notice of
Proposed Rulemaking, CG Docket No. 22-2 and GN Docket No.
25-133. The Further Notice of Proposed Rulemaking (FNPRM)
would propose to pare back existing broadband label rules to reduce
compliance costs while complying with statutory requirements. In
particular, the FNPRM would propose to eliminate six requirements
for implementing its broadband label rules, including reading the
label to consumers over the phone, itemizing state and local
passthrough fees that vary based on consumer location, providing
information about the now-concluded Affordable Connectivity
Program, displaying labels in customer account portals, ensuring
labels are machine readable, and archiving labels for two years
after discontinuing a service offering. The FNPRM would also seek
comment on other issues, including the multilingual display
requirement and streamlining other label requirements.
- Improving Verification and Presentation of
Caller Identification Information –
Further Notice of Proposed Rulemaking, CG Docket Nos. 17-59,
02-278, 25-307; WC Docket No. 17-97. The FNPRM would
consider a proposal related to the Commission's Secure
Telephone Identity Revisited/Signature-based Handling of Asserted
Information Using toKENs (STIR/SHAKEN) framework to ensure that
consumers are receiving accurate, verified caller name information.
In addition, the FNPRM would advance proposals aimed at addressing
illegally spoofed calls originated from outside of the United
States by stopping those calls before they reach consumer phones
and providing consumers with more information about the origination
of calls. The FNPRM also would propose actions targeting robocalls,
including prohibitions on spoofing of U.S. telephone numbers for
calls originating internationally.
- Incarcerated Persons Calling
Services – Report and Order, Order on
Reconsideration, and Further Notice of Proposed Rulemaking, WC
Docket Nos. 23-62, 12-375. The Commission will consider a
Report and Order (R&O) and Order on Reconsideration in response
to comments received in a 2024 proceeding related to rate caps for
Incarcerated People's Communications Services (IPCS). In
particular, the R&O would update the Commission's rate cap
setting methodology to use only billed minutes, adopt a separate
interim rate additive of $0.02 per minute for facility cost
recovery, and adopt new interim audio and video IPCS rate caps. The
FNPRM would seek comment on reforms that include establishing
permanent rate caps for audio and video IPCS, establishing
permanent rate additive or additives for facility cost recovery,
and extending the prohibition on site commission payments and
ancillary service charges.
- Deleting Obsolete and Duplicative Wireless 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 wireless-related rules and requirements in Parts 1, 13, 17, 20, 22, 24, 26, 27, 30, 54, 74, 80, 87, 88, 90, 95, 96, 97 and 101. In the Direct Final Rule, the Commission would state that the rules at issue have sunset by operation of law, govern expired events and obsolete technology, are duplicative and are no longer used in practice. The Commission also would find that the rules at issue pertain to a wide variety of now-defunct topics including regulatory reporting requirements, technology that has been eclipsed, and dates pertaining to transition plans, cost-sharing obligations, pilot programs, registration procedures, and equipment requirements that have long ago passed. In this Direct Final Rule, the Commission would find that prior notice and comment before repealing these rules is "unnecessary" under the Administrative Procedure Act, and would elect to provide a 20-day period for comment on this assessment, with the identified rules automatically being repealed absent any significant adverse comments in response to this Direct Final Rule.
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