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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.

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The FCC’s rules require that all Emergency Alert System (EAS) Participants update their identifying information in the EAS Test Reporting System (ETRS) annually.  Accordingly, the FCC has released a Public Notice announcing that the deadline for updating and submitting the ETRS Form One for 2025 will be Friday, October 3, 2025.

For broadcasters, EAS Participants include full power radio and TV broadcast stations, including Class D noncommercial educational FM stations, and low power FM stations, program-originating FM booster stations, and low power TV stations that are not operating as TV translators.  Stations must file a Form One even if they are silent pursuant to a grant of Special Temporary Authority.

The following types of stations are exempt from this filing requirement:

  • TV translator stations
  • FM translator or booster stations that only rebroadcast the programming of a local radio station
  • Stations that operate as satellites or repeaters of a hub station (or of a common studio or control point if there is no hub station) which rebroadcast 100% of the programming of that hub station, common studio, or control point.  The hub station, common studio, or control point will still need to file its own Form One, however.

The Public Notice states that the Federal Emergency Management Agency will not be conducting a nationwide test this year, so stations will only be filing a Form One, and not a Form Two or Form Three, which are used when reporting on a national EAS test.  The last nationwide test was conducted nearly two years ago, on October 4, 2023. Continue reading →

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Earlier this year, FCC Chairman Brendan Carr initiated a sweeping initiative to review “every rule, regulation, or guidance document” that could be eliminated “for the purposes of alleviating unnecessary regulatory burdens.”  At its July Open Meeting, the Commission voted 2-1 to adopt a Direct Final Rule framework to enable it to act expeditiously in the In re: Delete, Delete, Delete proceeding to repeal certain legacy regulations that have become “outdated, obsolete, unlawful, anticompetitive, or otherwise no longer in the public interest.”  The principal feature of the Direct Final Rule approach is to permit the elimination of rules without the notice and comment procedures typically required under the Administrative Procedure Act (APA).  The FCC’s lone Democrat, Commissioner Anna Gomez, dissented, expressing concern that the Direct Final Rule process circumvents essential transparency and due process safeguards, sidestepping a mechanism for public involvement.

At the highest level, the APA establishes the framework by which federal agencies like the FCC propose, adopt, modify, and revoke regulations, thereby ensuring transparency and public participation in the process.  In adopting the Direct Final Rule, the FCC explained that there is “good cause” under the APA to forgo this notice and comment process where it is “unnecessary,” such as where the administrative rules to be modified or eliminated are insignificant or inconsequential to the public.  In its recent efforts, the FCC deleted 11 rule provisions comprising 39 regulatory “burdens” it said related to obsolete technology, outdated marketplace conditions, expired deadlines, or repealed legal obligations, and which therefore no longer serve the public interest. Continue reading →