Special Update: Drafts Released by FCC Media Relations
R&O on final bidding rules for AWS-3 Auction 113
Surely everyone has unplugged for the holiday, so this can sit in your inbox for a few days. However, upon reviewing them, we thought it best to provide a brief synopsis of each, along with links to the relevant documents.
Draft: Direct Final Rules "In re: Delete, Delete, Delete" initiative (Docket No. 25-133)
Draft NPRM to review and overhaul its rules on "slamming" and "Truth-in-Billing" (17-169, 98-170)
Draft Report and Order establishing the final competitive bidding rules for AWS-3 Auction 113 (25-70, 25-71, 13-185)
Draft Notice of Proposed Rulemaking (NPRM) to accelerate the transition from legacy copper networks to modern, all-IP infrastructure (25-208, 25-209)
Draft of a Fifth Report and Order, Fourth Further Notice of Proposed Rulemaking (FNPRM), and Orders on Reconsideration addresses the processes for attaching broadband equipment to utility poles. (17-84)
Draft Fourth Report and Order mandating georouting for text messages sent to the 988 Suicide & Crisis Lifeline. (18-336)
1: Direct Final Rules "In re: Delete, Delete, Delete" initiative (Docket No. 25-133)
Executive Summary:
The Federal Communications Commission (FCC) has released a draft Direct Final Rule as part of its "In re: Delete, Delete, Delete" initiative (Docket No. 25-133), which aims to modernize its regulations. This document proposes the immediate repeal of 18 specific rule provisions that the Commission has identified as obsolete, outdated, or otherwise no longer serving the public interest. To expedite this process, the FCC is utilizing a "direct final rule" procedure, which bypasses a traditional prior notice-and-comment period. The rule changes will take effect automatically unless the Commission receives significant adverse comments within a specified timeframe. Additionally, the rule formally delegates authority to FCC Bureaus and Offices to use this streamlined process for future, non-controversial rule eliminations, signaling a broader effort to reduce regulatory burdens.
Key Details for Stakeholders:
Rule Repeal: The FCC proposes to remove and reserve 18 rule provisions across 47 C.F.R. Parts 1, 24, 63, 64, and 79. These rules pertain to obsolete technologies (e.g., analog TV closed captioning), outdated market conditions (e.g., telephone booths), expired deadlines (e.g., post-auction cost-sharing from 2005), and repealed legal obligations (e.g., telegraph regulations).
Direct Final Rule Process: The rules are adopted directly but are subject to a post-adoption comment period. They will become effective automatically unless the FCC receives "significant adverse comments." If such comments are filed, the relevant rule changes will be withdrawn pending a full notice-and-comment process.
Comment Deadline: Interested parties must file comments within 10 days of the document's publication in the Federal Register. Filings are prohibited after this date unless otherwise directed by the FCC.
Effective Date: The rule changes are scheduled to take effect 60 days after publication in the Federal Register, provided no significant adverse comments are received and upheld.
Delegated Authority: The FCC clarifies and delegates authority to its Bureaus and Offices to use the direct final rule procedure for future eliminations of rules where prior notice and comment are deemed "unnecessary," streamlining future deregulatory actions.
Business Implications:
The FCC states that this initiative is intended to reduce regulatory burdens and foster innovation. The Commission's stated goal is to "streamline, simplify, and smartly deregulate across multiple fronts simultaneously to better serve the public and support technological progress." By removing outdated rules, the action aims at "eliminating unnecessary regulatory burdens, accelerating infrastructure deployment, promoting network modernization, and spurring innovation." This signals a continued focus on deregulation, which could lead to reduced compliance costs and greater operational flexibility for affected entities.
Source: [Public Draft, FCC Office of Media Relations, https://docs.fcc.gov/public/attachments/DOC-412694A1.pdf]
2. Notice of Proposed Rulemaking (NPRM) to comprehensively review and potentially overhaul its long-standing rules on "slamming" (unauthorized carrier changes) and "Truth-in-Billing."
Executive Summary:
The Federal Communications Commission (FCC) has released a Notice of Proposed Rulemaking (NPRM) to comprehensively review and potentially overhaul its long-standing rules on "slamming" (unauthorized carrier changes) and "Truth-in-Billing." The Commission notes that these rules, established decades ago, may now be outdated and overly prescriptive due to significant market shifts, including the decline in traditional wireline services and the rise of VoIP and mobile communications. The NPRM seeks public comment on whether these regulations are still necessary to protect consumers. If so, it proposes to dramatically streamline and consolidate them to reduce regulatory burdens and foster innovation, while retaining core consumer protections against unauthorized switches and charges.
Key Details for Stakeholders:
The FCC proposes to replace the current, highly detailed verification procedures for carrier changes with a single, streamlined rule requiring carriers to use procedures "reasonably designed to obtain verification of the consent of the subscriber." This would eliminate prescriptive requirements for Letters of Agency, third-party verification, and preferred carrier freezes. For Truth-in-Billing, the proposal would eliminate outdated rules related to the placement of third-party charges and specific contact information formats, while retaining the core requirements that bills be clear, easy to understand, and identify any new service providers. The Commission is seeking comments on these proposed changes, with a comment deadline of 30 days after publication in the Federal Register and a reply comment deadline of 60 days after publication.
The FCC states that the current rules "may stifle innovation without giving consumers much in the way of additional protection" and may "risk stifling innovation that can help consumers either by, for example, discouraging innovative billing mechanisms that consumers may prefer or by making switching to a new provider an overly-cumbersome and annoying process." The proposed changes aim to provide carriers with greater flexibility, reduce compliance costs, and foster innovation in billing and customer acquisition. The FCC has tentatively concluded that the benefits would outweigh the "negligible" costs.
Source: [Public Draft, FCC Office of Media Relations, https://www.fcc.gov/ecfs/document/10703648918995/1]
3. Report and Order establishing the final competitive bidding rules for AWS-3 Auction 113
The Federal Communications Commission (FCC) adopts a Report and Order establishing the final competitive bidding rules for the upcoming auction of Advanced Wireless Services-3 (AWS-3) spectrum (Auction 113). This auction is mandated by the Spectrum and Secure Technology and Innovation Act, with proceeds designated to fund the "rip and replace" reimbursement program under the Secure and Trusted Communications Networks Act. The Order updates the eligibility requirements for small business bidding credits to align with modern standards and prevent abuses seen in the previous AWS-3 auction (Auction 97). Key changes include raising the gross revenue thresholds, extending the revenue lookback period from three to five years in accordance with the Small Business Runway Extension Act of 2018 (SBREA), and establishing a new bidding credit for rural service providers.
The FCC explicitly rejects arguments from EchoStar (parent of Auction 97 defaulters) to use the outdated 2014 auction rules, stating that the current, reformed rules better serve the public interest by promoting participation by bona fide small businesses and protecting auction integrity. The Commission also declines to establish a Tribal priority licensing window for this specific auction, citing the congressional directive to auction the entire spectrum inventory to fund national security programs. These rules provide clarity and predictability for stakeholders, allowing the Commission to proceed with an auction that is critical for both advancing 5G services and securing U.S. communications networks.
Key Details for Stakeholders:
Important Regulatory Changes:
New Small Business Definitions for AWS-3 Auctions:
A "small business" is defined as an entity with average gross revenues not exceeding $55 million over the preceding five years (eligible for a 15% bidding credit).
A "very small business" is defined as an entity with average gross revenues not exceeding $20 million over the preceding five years (eligible for a 25% bidding credit).
Rural Service Provider Bidding Credit: A 15% bidding credit is now available for qualifying rural service providers in AWS-3 auctions.
Codification of 5-Year Revenue Calculation: The FCC codifies the SBREA's five-year average gross revenue benchmark into its general Part 1 competitive bidding rules, making it the standard for all future auctions, not just AWS-3.
No Tribal Priority Window: The Commission will not implement a Tribal priority licensing window in advance of Auction 113.
Deadlines and Compliance Requirements:
Statutory Auction Deadline: The FCC is required to initiate Auction 113 by June 23, 2026.
Effective Date: The new rules will become effective 30 days after publication in the Federal Register.
Compliance for Bidders: Applicants seeking small business status must calculate and disclose their average gross revenues over the preceding five years.
Affected Parties and Services:
All potential bidders in the upcoming AWS-3 spectrum auction (Auction 113).
Small businesses and rural service providers seeking bidding credits.
EchoStar Corporation and its affiliates (Northstar and SNR), whose deficiency payment obligations from the Auction 97 default will be determined by the results of Auction 113.
Next Steps: The Office of Economics and Analytics (OEA) and Wireless Telecommunications Bureau (WTB) will now establish the final, specific procedures for Auction 113 in accordance with these newly adopted rules.
Source: [Public Draft, FCC Office of Media Relations, https://www.fcc.gov/ecfs/document/107030014624490/1]
4. Draft Notice of Proposed Rulemaking (NPRM) to accelerate the transition from legacy copper networks to modern, all-IP infrastructure.
The Federal Communications Commission (FCC) has released a draft Notice of Proposed Rulemaking (NPRM) that proposes significant deregulation to accelerate the telecommunications industry's transition from legacy copper networks to modern, all-IP infrastructure. The NPRM seeks to reduce regulatory barriers and costs for carriers seeking to upgrade their networks and discontinue outdated services, while ensuring consumers retain access to essential services like 911. The primary regulatory impact for stakeholders is the establishment of a comment period, with initial comments due 30 days after Federal Register publication and reply comments due 60 days after publication. This document outlines numerous proposals to streamline or eliminate filing and notice requirements related to network changes and service discontinuances.
Key proposals include eliminating Commission filing requirements for network change disclosures (such as copper retirement) and simplifying the complex "technology transition" process for discontinuing legacy voice services by replacing the current multi-part tests with a single, consolidated rule. The FCC also seeks comment on more aggressive deregulatory options, such as forbearing entirely from certain notice and discontinuance rules. The NPRM further proposes to codify recent waivers, including eliminating the need for carriers to file applications to "grandfather" certain legacy services, and asks whether to apply a faster 31-day automatic grant period to all service discontinuance applications.
The FCC states that these changes are intended to spur network investment by freeing up industry resources currently dedicated to regulatory compliance and maintaining obsolete infrastructure. The Commission argues that "providers whose resources are tied up with maintaining outdated and deteriorating legacy networks and obsolete services will not be as focused on developing and deploying the next-generation networks and advanced communications services on which consumers and businesses rely." By proposing to "reduce regulatory barriers that prevent much-needed investment in and deployment of broadband," the FCC aims to facilitate a more rapid deployment of advanced services for all Americans.
Key Details for Stakeholders:
Network Change Disclosures (Copper Retirement): The FCC proposes to eliminate all filing requirements with the Commission for network changes under section 251(c)(5), codifying a recent waiver. It also seeks comment on the alternative of forbearing from all notice requirements for such changes.
Section 214 Service Discontinuance:
Technology Transitions: Proposes replacing the "Adequate Replacement Test" and "Alternative Options Test" with a single, streamlined rule for discontinuing legacy voice service.
Grandfathering: Proposes to eliminate application filing requirements for grandfathering legacy voice, low-speed data, and VoIP-over-copper services.
Forbearance: Seeks comment on forbearing from discontinuance requirements for data services with speeds below 25/3 Mbps and for technology transitions where replacement services (e.g., fiber, mobile wireless) are available.
Deadlines and Comment Periods:
Comments Due: 30 days after Federal Register publication.
Reply Comments Due: 60 days after Federal Register publication.
Compliance Requirements:
Automatic Grant Period: Proposes applying the faster 31-day automatic grant period to all discontinuance applications, regardless of a carrier's dominant/non-dominant status.
Obsolete Rules: Proposes eliminating numerous outdated rules, including those for public toll stations and requirements to notify the Secretary of Defense and state Governors of discontinuances.
Affected Parties: Incumbent and competitive telecommunications carriers, interconnected VoIP providers, and other industry stakeholders involved in network operations and service delivery.
Next Steps: This is a draft document scheduled for consideration at the FCC's July 24, 2025 open meeting. If adopted, the NPRM will be published in the Federal Register, officially starting the comment period.
Source: [Public Draft, FCC Office of Media Relations, https://www.fcc.gov/ecfs/document/107030602822248/1]
6. Draft Fourth Report and Order mandating georouting for text messages sent to the 988 Suicide & Crisis Lifeline. (18-336)
The Federal Communications Commission (FCC) has released a public draft of a Fourth Report and Order that, if adopted, will mandate georouting for text messages sent to the 988 Suicide & Crisis Lifeline. This action aims to improve crisis response by routing individuals based on their general physical location rather than their phone's area code, ensuring a more effective connection to local crisis centers and community-based resources. The new rule would create parity between text-to-988 and existing requirements for 988 voice calls, promoting a more reliable and consistent experience for individuals in crisis, particularly youth and those with disabilities who often prefer text-based communication.
The draft order requires "covered text providers" to develop and implement the capability to transmit aggregated, non-precise location data (such as county-level or wire-center information) for all covered 988 text messages. This requirement is designed to protect user privacy by explicitly prohibiting the transmission of a handset's exact location. To accommodate varying operational capacities, the FCC proposes staggered compliance deadlines: nationwide providers will have 18 months to comply, while non-nationwide providers will have a 36-month implementation period. The document is a public draft under "permit-but-disclose" rules, allowing stakeholders to file comments in WC Docket No. 18-336 before the Commission's tentative vote at its July 24, 2025, open meeting.
The FCC presents the mandate as a supportive measure for ongoing industry collaboration, stating that "the rules we adopt today support these efforts by providing a flexible, technology-neutral regulatory landscape for providers to develop text georouting solutions that are tailored to the needs of their networks and subscribers." While acknowledging implementation costs, particularly for smaller rural providers, the Commission concludes that the significant public safety benefits—including an estimated $4.75 million in annual mortality-risk reduction—far outweigh the financial burdens. The extended compliance timeline for non-nationwide providers is a key step taken to mitigate these impacts.
Key Details for Stakeholders:
New Regulatory Requirement: Covered text providers must implement georouting for text messages sent to the 988 Lifeline. This involves transmitting aggregated, non-precise location data to enable routing to the nearest appropriate crisis center.
Affected Parties/Services: The rule applies to "covered text providers," including Commercial Mobile Radio Service (CMRS) providers and interconnected text messaging services. The requirement is currently limited to Short Message Service (SMS) format.
Compliance Deadlines:
Nationwide providers: 18 months from the effective date of the final rules.
Non-nationwide providers: 36 months from the effective date of the final rules.
Privacy Protections: The rules mandate the aggregation of location data to a level that "will not identify the location of the cell site or base station receiving the 988 text message or otherwise identify the precise location of the handset."
Next Steps: This is a public draft circulated for review ahead of the FCC's July 24, 2025, open meeting. Presentations and comments from stakeholders are subject to "permit-but-disclose" ex parte rules and must be filed in WC Docket No. 18-336.
Source: [Public Draft, FCC Office of Media Relations, https://www.fcc.gov/ecfs/document/10703305055502/1]
5. Draft of a Fifth Report and Order, Fourth Further Notice of Proposed Rulemaking (FNPRM), and Orders on Reconsideration addresses the processes for attaching broadband equipment to utility poles. (17-84)
This public draft of a Fifth Report and Order, Fourth Further Notice of Proposed Rulemaking (FNPRM), and Orders on Reconsideration addresses the processes for attaching broadband equipment to utility poles. The FCC aims to accelerate broadband deployment by adopting new rules to improve collaboration and establish clear timelines, particularly for large-scale attachment projects fueled by recent government funding. The document establishes new requirements for advance notice, sets defined timelines for large pole attachment orders, improves the contractor approval process, and provides a self-help remedy for make-ready estimates.
The FNPRM seeks public comment on several additional proposals to further streamline pole attachments. These include requiring attachers to deploy equipment within a fixed timeframe, setting deadlines for payments, imposing cost ceilings on make-ready work, and expanding the one-touch make-ready (OTMR) process. Critically, it also seeks comment on a long-pending petition to define the term "pole" under Section 224 of the Communications Act to determine if it includes light poles. Finally, the document resolves two petitions for reconsideration, largely upholding a previous order requiring utilities to share pole inspection reports and clarifying rules around cost allocation for pole replacements.
Adopted Rules (Fifth Report and Order):
Advance Notice for Large Projects: Attachers must provide utilities with at least 60 days' advance written notice and conduct a "meet-and-confer" session before submitting "Mid-Sized" (over 300 poles) and "Large" (over 3,000 poles) attachment orders. Failure to do so results in forfeiting the standard timelines.
New Timelines for Large Orders: The FCC establishes a new, extended set of timelines for processing "Large Orders" (greater than 3,000 poles up to 6,000 poles), covering application review, surveys, estimates, and make-ready work.
Faster Utility Notifications & Self-Help: Utilities must notify attachers within 15 days if they cannot meet survey or make-ready deadlines, allowing attachers to invoke self-help remedies sooner. A new self-help remedy is also created for make-ready estimates if a utility misses its deadline.
Contractor Approval Deadline: Utilities must respond to an attacher's request to add a qualified contractor to their approved list within 30 days. If the utility fails to respond, the request is "deemed approved."
Application Limits: Utilities are prohibited from imposing application size and frequency limits that effectively restrict the number of pole attachments an attacher can request in a given timeframe.
Proposals for Public Comment (Fourth FNPRM):
Comment Deadlines: Comments are due 30 days after Federal Register publication, and reply comments are due 60 days after Federal Register publication.
Definition of "Pole": The FCC seeks comment on whether the term "pole" under Section 224 of the Act includes light poles, which could subject them to federal pole attachment access and rate regulations.
New Attacher and Utility Deadlines: The FNPRM seeks comment on requiring attachers to deploy their equipment within 120 days of make-ready completion and to make payments on estimates within a specific timeframe.
Cost Ceilings and OTMR: The FCC is considering imposing a cost ceiling on make-ready estimates and expanding the one-touch make-ready (OTMR) process to include complex work.
Contractor On-Boarding: The FNPRM asks whether a deadline should be set for the full "on-boarding" process for newly approved contractors.
Orders on Reconsideration:
The FCC denied a petition from the Coalition of Concerned Utilities (CCU) and upheld its rule requiring utilities to provide cyclical pole inspection reports to attachers upon request.
The FCC largely denied a petition from the Edison Electric Institute (EEI) but clarified its ruling on cost causation for pole replacements, specifying that a replacement is not "necessitated solely" by a new attachment if the utility's own change in construction standards is a contributing factor.
Regulatory Impact
The adopted rules create immediate new compliance obligations for both utility pole owners and entities seeking to attach equipment. Attachers must now adhere to the 60-day advance notice and meet-and-confer requirements for larger projects to benefit from FCC timelines. Utilities face new, faster response deadlines for surveys, make-ready notifications, and contractor approvals, with a "deemed approved" penalty for non-compliance on the latter.
The most significant actionable item is the comment and reply comment period for the Fourth FNPRM. Stakeholders, including wireless carriers, municipalities, and utilities, have a critical opportunity to influence future rules on whether light poles are subject to federal regulation, as well as new deadlines and cost controls for the entire pole attachment ecosystem.
Implications
The FCC explicitly states that the new rules are intended to manage the surge in broadband deployment projects and improve efficiency for both attachers and utilities. The Commission's goal is to create a more predictable and collaborative environment to support the buildout of next-generation networks.
"In this Report and Order, we adopt new requirements that will aid attachers and utilities in planning for larger broadband deployments and in allocating critical contractor resources to ensure that large broadband deployments are completed in an efficient and timely manner. During this critical time of infrastructure deployment and with both utilities and attachers seeking guidance from the Commission, these requirements represent a multi-pronged, holistic approach that will best balance the difficulties faced by utilities in processing large applications against attachers' need for speedier deployments..."
Source: Public Draft, FCC Office of Media Relations, https://www.fcc.gov/ecfs/document/1070388039985/1
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