What’s New in Wireless - February 2025

The wireless industry has revolutionized the way we connect, from facilitating teleworking, distance learning, and telemedicine to allowing the American public to interact virtually in almost all other aspects of their daily lives.  Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools and resources it needs to keep pace with this evolving landscape.  This blog provides monthly updates on actions by federal regulatory bodies responsible for communications policy and Congressional efforts to support wireless connectivity.  And this month we highlight the FCC’s release of proposals to enhance U.S. cybersecurity in communications networks in the wake of the Salt Typhoon hack.

Regulatory Actions and Initiatives 

The FCC Adopts Proposals to Enhance the Security of U.S. Communications Networks.  As we reported last month, former FCC Chairwoman Rosenworcel announced that she circulated two draft proposals intended to enhance the cybersecurity of U.S. critical communications infrastructure.  The FCC adopted those two proposals on January 15, 2024, and issued them together in a Declaratory Ruling and Notice of Proposed Rulemaking (“NPRM”).  The Declaratory Ruling concludes that Section 105 of the Communications Assistance for Law Enforcement Act (“CALEA”) (“Section 105”) – a statute enacted in 1994 to govern the manner in which carriers must provide assistance to the government with lawfully-authorized interceptions of communications – also affirmatively requires telecommunications carriers to secure their networks from unlawful access or interception of communications by hostile foreign actors and cyber criminals as well as authorizes the FCC to adopt rules implementing that requirement.  Consistent with that conclusion, the NPRM proposes requiring nearly all U.S. communications service providers to develop and implement extensive cybersecurity and supply chain risk management plans designed to enhance the security of their networks and facilitate substantial FCC oversight of those providers’ network infrastructure and management practices.  Comments and reply comments on the NPRM will be due 30 and 60 days, respectively, from when it is published in the Federal Register.  Notably, even before the FCC released the Declaratory Ruling and NPRM, the new FCC Chairman – Brendan Carr – issued a statement opposing the agency’s actions and challenging the FCC’s legal authority under Section 105 to adopt its decision.  There is therefore a strong prospect that he could pare back or revise the Declaratory Ruling and refrain from proceeding with the rulemaking or the version of the proposals that Chairwoman Rosenworcel circulated. 

Spectrum

The FCC Refreshes the Record on the 1675-1680 MHz Band.  On January 8, 2025, the FCC’s Wireless Telecommunications Bureau (“WTB”) released a Public Notice seeking additional comment on whether the 1675-1680 MHz band should be reallocated for shared use between federal and non-federal operations.  The WTB requests additional comment particularly in light of a recent filing by the National Telecommunications and Information Administration (“NTIA”), which provided a follow-on report of the National Oceanic and Atmospheric Administration (“NOAA”) that concluded it is technically feasible for NOAA to share the band with commercial wireless services, subject to certain conditions. The deadlines for submitting comments and reply comments in response to the Public Notice are February 28, 2025, and March 17, 2025, respectively. 

The FCC Pulls its Proposals on the Next Auction of AWS-3 Spectrum.  Last month, we reported that Chairwoman Rosenworcel announced that she circulated to her colleagues an NPRM that would, if adopted, update the service rules for AWS-3 spectrum currently held in the FCC’s spectrum inventory (the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands) so that it may be made available for auction.  After his transition to Chair, Chairman Carr removed all items on the agency’s “Items on Circulation” list, including the NPRM on the AWS-3 bands. While this may delay release of the NPRM proposing revisions to the rules governing the AWS-3 bands, the Commission is statutorily obligated to auction the spectrum to fund the shortfall of the agency’s Secure and Trusted Communications Networks Reimbursement Program, known as the rip-and-replace program.  Therefore, an auction of the AWS-3 spectrum is still expected to occur in 2025. 

The FCC Seeks Input on the Use of Spectrum for Drones.  The FCC released an NPRM on January 17, 2025, seeking comment on proposed amendments to its service rules for the (i) 454.6625-454.9875 MHz and 459.6625-459.9875 MHz bands (together the “450 MHz band”); (ii) 24.45-24.65 GHz band; and (iii) Commercial Aviation Air-Ground System to facilitate the deployment of Advanced Air Mobility (“AAM”) and uncrewed aircraft system (“UAS”) operations.  In particular, the FCC proposes to modify the 450 MHz band rules by allowing for a single, nationwide license for the band and adopting flexible licensing, operating, and technical parameters to support command and control of uncrewed aircraft.  It also proposes expanding UAS/AAM detection operations in the 24.45-24.65 GHz band, which is adjacent to the 24.25-24.45 GHz band designated for Upper Microwave Flexible Use Service use, by adding federal and non-federal secondary allocations for radiolocation operations to the band.  Finally, the FCC proposes amending the power rules for Commercial Aviation Air-Ground Systems in the 849-851 MHz and 894-896 MHz bands, currently used for in-flight connectivity, to measure permissible power on an average rather than peak basis. Comments and reply comments will be due 30 and 60 days, respectively, after Federal Register publication.  

The FCC Denies Certain C-band Transition Reimbursements.  On January 13, 2025, the FCC released a Memorandum Opinion and Order (“Order”) reversing the Administrative Law Judge’s (“ALJ”) Initial Decision on a request by Mongoose Works, Ltd. (“Mongoose”) for certain reimbursement funds related to its relocation from the 3.7-4.2 GHz band (“C-band”).  Mongoose claimed that two of its C-band earth station antennas were large multi-beam antennas, which entitled Mongoose to an additional payment, but the C-band Relocation Payment Clearinghouse (“Clearinghouse”) recategorized them as receive-only earth station multi-feed antennas, making them eligible only for a lump sum payment of $16,997 each.  Mongoose filed an appeal of the Clearinghouse’s decision with the WTB, which the WTB denied.  Mongoose then sought review by the ALJ, and the ALJ found that Mongoose was entitled to an additional payment of more than $69,000 for the two earth station antennas. The FCC’s Enforcement Bureau subsequently released Exceptions to the ALJ’s Initial Decision, finding that the ALJ erred.  In the Order, the FCC agrees with the earlier findings of the Clearinghouse and WTB, grants the Enforcement Bureau’s Exceptions, and holds that Mongoose is not entitled to additional payment. 

Wireless Networks and Equipment

NTIA Announces Additional Awards from the Public Wireless Supply Chain Innovation Fund.  NTIA released multiple posts in January announcing grants of funding from the Public Wireless Supply Chain Innovation Fund (“Innovation Fund”).  First, NTIA announced that it has awarded more than $117 million for nine projects in the second batch of grants from the Innovation Fund’s second Notice of Funding Opportunity on open radio unit innovation and commercialization.  Second, NTIA announced that it has awarded more than $19 million to two projects in the third and final batch of grants.  Lists of the projects that have been awarded are included at the bottom of each announcement.  Among other things, applicants are required to partner with mobile network operators to help produce products that will be commercially viable under these grants. NTIA has now awarded more than $550 million from the Innovation Fund, and the Innovation Fund will invest $1.5 billion over the next decade to support the development of open and interoperable networks.

The FCC Reminds Organizations About Accreditation Under its IoT Cybersecurity Labeling Program.  The FCC’s Public Safety and Homeland Security Bureau (“PSHSB”) released a Public Notice on January 10, 2025, reminding organizations seeking authority to accredit Cybersecurity Label Administrators and/or laboratories under the FCC’s Internet of Things (“IoT”) Cybersecurity Labeling Program that they must be recognized by the PSHSB to perform such accreditation.  As we previously reported, the purpose of the IoT Labeling Program is to allow qualifying consumer smart products that meet critical cybersecurity standards to display a label, including a new U.S. government certification mark, which will help consumers make informed purchasing decisions, easily identify trustworthy products, and encourage manufacturers to prioritize higher cybersecurity standards. 

The FCC Reminds Rip-and-Replace Support Recipients of Their Obligation to File Spending Reports.  On January 10, 2025, the FCC’s Wireline Competition Bureau released a Public Notice reminding recipients of funding from the rip-and-replace program that they must file reimbursement spending reports with the FCC by February 10, 2025.  Recipients must submit their spending reports through the Supply Chain Reimbursement Program Online Portal.

Legislative Efforts

The House Subcommittee on Communications and Technology Holds a Hearing on American Wireless Leadership.  On January 23, 2025, the Subcommittee on Communications and Technology of the House Energy and Commerce Committee held a hearing titled “Strengthening American Leadership in Wireless Technology.”  During the hearing, witnesses discussed the importance of a comprehensive spectrum policy to meet the increasing demand on wireless networks.  Representatives from NCTA – The Internet and Television Association, CTIA, the Open RAN Policy Coalition, and Public Knowledge testified during the hearing. 

The Senate and House Reintroduce a Bill That Would Require the FCC to Publish a List of Licensees That are Linked to Foreign Adversaries.  On January 27, 2025, Senators Fischer, Rosen, Cornyn, and Luján reintroduced the Foreign Adversary Communications Transparency (“FACT”) Act.  Representatives Wittman, Kean, Castor, and Khanna introduced a similar bill in the House on January 31, 2025.  The FACT Act was also introduced in both the Senate and House in the last Congress, and the House passed the bill last September.  If enacted, the FACT Act would require the FCC to publish a list of companies that both hold FCC licenses or authorizations and are owned by foreign adversarial governments, including the governments of China, Russia, Iran, and North Korea.  Both bills are now in committee.

The House Reintroduces a Bill That Would Restore the FCC’s Auction Authority and Create a Pipeline of Mid-Band Spectrum. On January 23, 2025, Representative Allen introduced the Spectrum Pipeline Act of 2025.  If enacted, the bill would, among other things, renew the FCC’s auction authority through September 2027, require NTIA to identify at least 2,500 megahertz of mid-band spectrum between 1.3 GHz and 13.2 GHz for reallocation or shared use within the next five years, and make at least 125 megahertz of mid-band spectrum available for unlicensed use.

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