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From Space to Spectrum: The FCC’s August 2025 Open Meeting Rundown

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On Thursday, August 7, the Federal Communications Commission (“FCC” or “Commission”) held its monthly Open Meeting, where it considered items spanning several industries, including broadcasting, satellite communications, and public safety, among others.  The expansive agenda reflected the Commission’s full court press on agency-wide regulatory streamlining, system modernization, and expansion of nationwide connectivity initiatives.  Below are high-level summaries of the items the Commission considered and adopted as part of the August meeting:

NEPA Review Modernization

The Commission adopted a Notice of Proposed Rulemaking (NPRM) to re-examine its environmental review procedures in accordance with the National Environmental Policy Act (NEPA) as amended in 2023, and to ensure such procedures are clear, facilitate greater and faster infrastructure deployment, and accelerate the federal permitting process.  To advance these objectives, the NPRM seeks comment on whether and how to revise the FCC’s rules to align with the updated definition of a “major federal action,” update or replace the Commission’s longstanding categorical exclusions, and streamline review timelines for environmental assessments and impact statements.  The NPRM further inquires whether geographic-area licenses and other Commission actions should trigger NEPA obligations and seeks comment on  proposed changes to related rules under the National Historic Preservation Act.

  • Comments on the NPRM are due 30 days after the date of publication in the Federal Register; Reply Comments are due 45 days following publication.

Streamlining Space Bureau Reviews

The Commission adopted a Second Report and Order (Order) in its Expediting Initial Processing of Satellite and Earth Station Applications proceeding, which focuses on further expediting processing of applications and removing certain regulatory barriers to modifying systems following authorization.  The Order facilitates the expansion of ground station as a service (GSaaS) by allowing operators to apply for baseline earth station licenses without pre-identified satellite points of communication and by streamlining the process by which operators can add or remove satellite points of communication to an existing earth station authorization.  Significantly, the Order also expands the types of modifications that will not require prior FCC approval, giving more post-authorization flexibility to space and earth station operators.  The Order also eliminates the paper copy retention rule, aligns renewal timelines across earth stations, geostationary, and non-geostationary satellite applications, adds a 30-day shot clock for certain renewals, and permits market access grantees to request special temporary access.

  • Except for those rules subject to the Paperwork Reduction Act, the Order will become effective 30 days after the date of publication in the Federal Register.

Modernizing Undersea Cable Licensing

The Commission adopted a Report and Order and Further Notice of Proposed Rulemaking in its Review of Submarine Cable Landing License Rules and Procedures proceeding to modernize submarine cable licensing to facilitate speed of deployment while strengthening national security.  First, the Report and Order consolidates and clarifies application requirements, updates key definitions, and imposes targeted safeguards to address foreign adversary threats, including adopting new reporting requirements, certification obligations, presumptive limits on cable landings and equipment control, and a one-time data collection on cable systems and their operators.  Then, the Further Notice proposes additional reforms, including a presumptive exemption on certain applications from Executive Branch referral, extension of licensing obligations to submarine line terminal equipment (SLTE) operators, and the introduction of new certifications and conditions to help mitigate national security risks involving foreign adversaries.

  • Comments on the FNPRM are due 30 days after the date of publication in the Federal Register; Reply Comments are due 45 days following publication.

Reexamining the Nation’s Alerting Systems

The Commission adopted an NPRM to undertake a top-to-bottom review of the Emergency Alert System (EAS) and Wireless Emergency Alerts (WEA).  The NPRM aims to take a fresh look at these systems and consider changes that could improve their efficiency and effectiveness in light of significant changes to technology and the broader telecommunications landscape.  The NPRM inquires what fundamental objectives public alerting systems should serve, and whether the aging EAS and WEA systems remain suited to those goals.  The NPRM seeks comment on which entities need to be able to originate alerts, how alerts are transmitted and targeted, how the public receives and responds to them, and what information should be included in the alerts.  The NPRM also solicits feedback on the technical capabilities needed to deliver alerts reliably and securely.

  • Comments on the NPRM are due 30 days after the date of publication in the Federal Register; Reply Comments are due 45 days following publication.

Eliminating Obsolete Broadcast Rules

Building on the Direct Final Rule adopted at the July open meeting, the FCC continued its progress modernizing and streamlining regulations in its In re: Delete, Delete, Delete proceeding.  The Commission adopted another Direct Final Rule, repealing 98 broadcast-related rules and requirements identified as outdated, unused, or unnecessary.  The repealed provisions cover obsolete technologies, duplicative references, expired obligations, and rules no longer used by licensees or the FCC.  Acting under the “good cause” exemption of the Administrative Procedure Act, the Commission found that prior notice and comment was unnecessary.

  • Unless significant adverse comments are submitted within 10 days of Federal Register publication, the direct final rule will be effective 60 days after the date of publication in the Federal Register.

The following items were slated to be discussed at the August Open Meeting but were adopted prior to the meeting:

Advanced Telecommunications Deployment

As required by Section 706 of the Telecommunications Act, the Commission adopted a Notice of Inquiry (NOI) to begin its annual assessment of whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion.  The NOI aims to shift focus back to evaluating whether broadband is being deployed, rather than measuring whether service has already been deployed.  The NOI seeks comment on whether the current 100/20 Mbps benchmark for fixed broadband should continue to be used, how the Commission should evaluate mobile broadband deployment, whether the Commission should maintain the short- and long-term goals for school connectivity, and whether broadband should be considered “available” if it is not affordable.  The NOI also proposes continuing to use Broadband Data Collection as the primary source of fixed broadband availability data.

  • Comments on the NOI are due by September 8, 2025; Reply Comments on the NOI are due by September 23, 2025.

DIRS Modernization

The Commission adopted a Third Further Notice of Proposed Rulemaking and Order on Reconsideration to update the Disaster Information Reporting System (DIRS), seeking to improve efficiency and reduce reporting burdens by streamlining the DIRS form, removing lower-value data fields, and eliminating the final report requirement.  The NPRM also proposes limiting DIRS reporting requirements to facilities-based providers, revisiting the need for Network Outage Reporting System (NORS) waiver requests during DIRS-Lite (a scaled-down, staff-driven version of DIRS used for less severe events) activations, and enhancing access to DIRS and NORS filings for government partners.  The accompanying Order affirms that providers must still comply with separate requirements to notify the Commission of 911 and 988 outages, regardless of DIRS participation.

  • Comments on the 3rd FNPRM are due 30 days after the date of publication in the Federal Register; Reply Comments are due 45 days following publication.

Proposed Deregulation of Legacy Business Data Services
The Commission adopted a Notice of Proposed Rulemaking, Third Further Notice of Proposed Rulemaking, and Order proposing to eliminate price regulation and tariffing requirements for certain legacy business data services (BDS) still offered by incumbent local exchange carriers.  The NPRM targets lower-capacity, TDM-based services, citing market and technological shifts that have reduced demand for these offerings.  The NPRM proposes a 24-month transition to mandatory de-tariffing and seeks comment on revising or replacing the existing competitive market tests.  In the interim, the Commission paused the next update to those tests (which was scheduled for January 31, 2026) pending the outcome of this proceeding.

  • Comments on the 3rd FNPRM are due 30 days after the date of publication in the Federal Register; Reply Comments are due 45 days following publication.

For more information about any of the above items adopted as part of the August 2025 Open Meeting or about the FCC’s regulatory reform efforts generally, please contact a member of Pillsbury’s Communications Practice Group.