FCC Publishes Regulatory Fees Order, Rejects BIAS Category

Last week, the FCC issued its FY 2025 Regulatory Fees Order. In the item, the FCC rejected the National Association of Broadcasters' (NAB) efforts to have the agency create a new regulatory fee category for either broadband Internet service providers or large technology companies to expand the base of fee payors beyond licensees to other entities that benefit from the Commission’s activities. The FCC noted that NAB's arguments failed to indicate how the adoption of a new category would fit within the FCC's current regulatory fee methodology and that there is no basis to conclude that adopting new fee categories would satisfy the factors that the FCC has previously relied on to create a new regulatory fee category.

Pole Attachment Order Effective September 25, FNPRM Announced

The July 2025 report and order and orders on reconsideration on pole attachments was published in the Federal Register on August 26, establishing:

• Rules that ensure greater collaboration and cooperation between utilities and attachers
• A timeline for large pole attachment requests, revising and improving the pole attachment timeline
• A deadline for the contractor approval process

The orders on reconsideration addressed petitions for reconsideration by the Edison Electric Institute and the Coalition of Concerned Utilities of portions of the December 2023 order. The order is effective September 25, 2025, except the amendments to sections 1.1403(b), 1.1411(c) through (k), and 1.1412(a), (b) and (e), which may contain new or modified information collection requirements.

Additionally, an August 22 public notice announced the comment due dates for the FNPRM on deployment of broadband facilities on utility poles. The FNPRM seeks comment on ensuring greater collaboration between utilities and attachers, establishing a timeline for large pole attachment requests, implementing other improvements to the pole attachment timeline and speeding up the contractor approval process.  Comments are due September 22, 2025; reply comments are due October 21, 2025.

FCC to Seek Comment on TRACED Act Obligations

The FCC issued public notice that it will seek comment on two recurring statutory obligations under the TRACED Act:

• Whether extensions for implementation of the STIR/SHAKEN caller ID authentication framework should be revised or extended
• To inform the FCC’s second triennial assessment of the efficacy of the STIR/SHAKEN caller ID authentication framework

Democratic House Members Seek Clarification on BEAD Funding

Rep. April McClain Delaney (D-MD), et al. sent a letter to Commerce Secretary Howard Lutnick and NTIA Administrator Arielle Roth seeking clarification on the June 6, 2025, BEAD Program restructuring policy notice on how non-deployment funds can be used.

They also said workforce development and employment, digital safety education, support for remote learning, telehealth and the other non-deployment activities approved under the original NOFO are foundational to delivering secure, high-speed internet to the most underserved communities. They urged NTIA to issue clarification on how states may use remaining BEAD funds for these non-deployment purposes in their new submissions.

Reps. Feenstra and Riley Introduce Middle Mile Bill

Reps. Randy Feenstra (R-IA) and Josh Riley (D-NY) introduced the Middle Mile for Rural America Act, which would reauthorize the Middle Mile Broadband Infrastructure Program to help connect rural communities to high-speed internet. The program provides funding for the expansion and extension of middle mile infrastructure across the country. The legislation would extend the appropriation dates through 2031.