Proposed FCC Rulemakings

The FCC has proposed the following rulemakings and will seek, is seeking, or has sought public comment on these notices and the proposals and questions within them.  A “rulemaking” is the process by which an agency seeks comment on proposed rules and then adopts rules that govern activities within the agency’s purview.

Under the Administrative Procedure Act, the FCC goes through a “notice and comment” process during which it adopts a Notice of Proposed Rulemaking or Further Notice of Proposed Rulemaking, takes public comments and reply comments (if any), and reviews the record before taking steps toward any final regulations (often in the form of a Report and Order).  The Commission also sometimes seeks comment on issues under consideration in the form of a Public Notice.

Under the Promoting Accountability through Transparency Act of 2023, the FCC must post plain-language summaries of all proposed rules that it publishes in the Federal Register. The FCC posts below plain-language summaries of its Notices of Proposed Rulemaking, Further Notices of Proposed Rulemaking—that is, additional proposals with public comment periods—as well as certain Public Notices that seek public comment. This list of plain-language summaries does not include summaries of final rules, if adopted.

Please note: these are plain-language summaries that do not describe all of the issues raised in the official document.  For the full text, please see the corresponding official document issued by the Commission, linked below.

To provide your views on any of these proposals, visit the FCC’s Electronic Comment Filing System and enter the proceeding/docket number to submit your comment: https://www.fcc.gov/ecfs

The full documents are linked below.

Date DA/FCC # NPRM/FNPRM
11/27/2023 DA-23-1107 Table of TV Allotments, NPRM, Greenville, South Carolina Table of TV Allotments, NPRM, Greenville, South Carolina Seeks comment on the proposal to amend the Table of TV Allotments to substitute channel 29 for channel 2 at Greenville, South Carolina for WGGS-TV.
11/20/2023 FCC-23-100 FCC Adopts Rules to Prevent and Eliminate Digital DiscriminationFCC Adopts Rules to Prevent and Eliminate Digital Discrimination
11/16/2023 FCC-23-95 FCC Adopts Rules to Protect Consumers' Cell Phone AccountsIn the Matter of Protecting Consumers from SIM Swap and Port-Out FraudThe Further Notice of Proposed Rulemaking accompanying the SIM Swap and Port-Out Fraud Report and Order seeks comment on whether to harmonize the existing requirements governing customer access to Customer Proprietary Network Information (CPNI) with the new SIM change authentication and protection measures that the Commission adopted; whether limitations on employee access to CPNI prior to customer authentication should be extended to all telecommunications carriers; what steps the Commission can take to harmonize government efforts to address SIM swap and port-out fraud; and how providers should notify customers of failed authentication attempts.
11/13/2023 FCC-23-93 FCC Amends Amateur Radio Rules for Greater FlexibilityAmendment of Part 97 of the Commission's Amateur Radio Service Rules to Permit Greater Flexibility in Data Communications, Report and Order and Further Notice of Proposed Rulemaking
11/13/2023 FCC-23-92 FCC Proposes Schools & Libraries Cybersecurity Pilot ProgramIn the Matter of Schools and Libraries Cybersecurity Pilot Program
11/8/2023 FCC-23-91 FCC Proposes E-Rate Support for Wi-Fi HotspotsIn the Matter of Addressing the Homework Gap through the E-Rate Program
11/7/2023 DA-23-1053 Table of TV Allotments, NPRM, Missoula, MontanaTable of TV Allotments, NPRM, Missoula, MontanaSeeks comment on the proposal to amend the Table of TV Allotments to substitute channel 21 for channel 20 at Missoula, Montana for KECI-TV.
11/1/2023 FCC-23-86 FCC Permits Very Low Power Device Operations in 6 GHz BandUnlicensed Use of the 6 GHz Band; Expanding Flexible Use in Mid-Band Spectrum Between 3.7 and 24 GHzThe item addresses the use of very low power (VLP) devices that are authorized to operate alongside other Wi-Fi-enabled devices in portions of the 5.925 -7.125 GHz (“6 GHz”) band. The Commission proposes to expand VLP operations to the remaining portion of the 6 GHz band where they have not yet been authorized and to provide VLP devices greater operational flexibility by permitting the use of higher power levels subject to a geofencing system that provides interference protection to licensed incumbent operations in the band.
10/20/2023 FCC-23-87 FCC Kicks Off Rulemaking To Address Alaska's Connectivity ChallengesFCC Kicks Off Rulemaking To Explore Innovative Ways To Continue To Address Alaska's Unique Connectivity ChallengesThe NPRM seeks comment on the Alaska Connect Fund, the next phase of high-cost support for fixed and mobile carriers in Alaska. The NPRM seeks comment on how to ensure access to reliable and secure service in remote Alaskan areas. This NPRM seeks comment on the overall budget and length of the program, as well as timing and carrier requirements like speed and buildout milestones, provider eligibility, whether to develop a competitive process to distribute funds, and how to ensure carrier accountability for the services promised to Alaskans.
10/20/2023 FCC-23-83 FCC to Start Proceeding on Reestablishing Open Internet ProtectionsSafeguarding and Securing the Open InternetThis Notice of Proposed Rulemaking proposes to:
  1. classify broadband service as a telecommunications service under Title II of the Communications Act;
  2. classify mobile broadband service as a commercial mobile service;
  3. forbear from applying 26 Title II provisions to broadband service, if the Commission classifies broadband service as a telecommunications service; and
  4. restore rules prohibiting Internet service providers from blocking, throttling, or engaging in paid or affiliated prioritization arrangements and a general conduct standard prohibiting unreasonable interference or unreasonable disadvantage to consumers or edge providers, while retaining and seeking comment on disclosure requirements under the transparency rule.
10/18/2023 DA-23-988 WTB Seeks to Refresh Record in 70/80/90 GHz ProceedingWireless Telecommunications Bureau Seeks to Refresh the Record in 70/80/90 GHz Bands ProceedingThe Public Notice seeks to refresh the record in WT Docket No. 20-133, a proceeding in which the Commission previously proposed new and updated rules to further enable non-Federal uses of the 71–76 GHz, 81–86 GHz, 92–94 GHz, and 94.1–95 GHz bands. These bands are currently allocated on a co-primary basis for Federal and non-Federal use. The Public Notice seeks both a general refresh of the overall record, and solicits comment in particular on a filing made by the National Telecommunications and Information Administration on October 17, 2023.
10/13/2023 DA-23-958 WTB Seeks Comment on C-band Clearinghouse Proposed DeadlinesWireless Telecommunications Bureau Seeks Comment on the C-Band Relocation Payment Clearinghouse's Proposal to Set Final Deadlines for Submission of Reimbursement Claims In this Public Notice, WTB seeks comment on the C-band Relocation Payment Clearinghouse's proposed final reimbursement claims submission deadlines, by which eligible incumbents and other eligible stakeholders would be required to submit any outstanding transition-related claims for processing. WTB also seeks comment on any other steps it should take to facilitate the conclusion of the C-band transition reimbursement program and wind down of the Clearinghouse’s operations.
10/6/2023 DA-23-936 TV Table Of Allotments, NPRM, Wittenberg and Shawano, WITV Table Of Allotments, NPRM, Wittenberg and Shawano, WisconsinSeeks comment on the proposal to amend the Table of TV Allotments to delete channel 31 at Wittenberg, Wisconsin, and substitute channel 31 at Shawano, Wisconsin, and modify the construction permit for the unbuilt station on that channel to specify Shawano as its community of license.
9/28/2023 FCC-23-78 FCC Increases Video Relay Service Support & Updates Compensation PlanTelecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities; Structure and Practices of the Video Relay Service ProgramIn the Further Notice of Proposed Rulemaking, the FCC seeks comment on whether and under what circumstances to provide compensation from the Telecommunications Relay Services (TRS) Fund to video relay service (VRS) providers for the provision of specialized services, such as the use of Certified Deaf Interpreters, skills-based interpreting, or interpreting through methods of communications other than American Sign Language. The FCC also seeks comment on any rule changes needed to facilitate the provision of specialized services by VRS providers.
9/28/2023 DA-23-904 TV Table Of Allotments, NPRM, Jacksonville, OregonTV Table Of Allotments, NPRM, Jacksonville, OregonSeeks comment on the proposal to amend the Table of TV Allotments to allot reserved noncommercial educational (NCE) television channel *4 at Jacksonville, Oregon.
9/22/2023 FCC-23-76 FCC Ensures Commercial Space Launches Have Reliable Spectrum ResourcesAllocation of Spectrum for Non-Federal Space Launch OperationsThe item seeks comment on adopting rules pertaining to payload activities, modifying rules for space launch activities in the 2360-2395 MHz band, and whether additional licensing provisions should be implemented for sub-orbital launch vehicles. These proposals build on the Commission’s previous adoption of spectrum allocations and licensing and technical rules in the docket to support U.S. commercial space launch operations.
9/22/2023 FCC-23-75 FCC Updates Rules to Curb Robocallers' Access To Phone NumbersIn the Matter of Numbering Policies for Modern Communications, et al.The Further Notice of Proposed Rulemaking accompanying the Second Report and Order on direct access to telephone numbers by interconnected Voice over Internet Protocol (VoIP) providers seeks comment on the duties of existing VoIP direct access authorization holders to comply with new rules aimed at stemming the tide of illegal robocalls associated with use of numbering resources. It also seeks comment on whether direct access applicants should disclose a list of states in which they seek to provide initial service, and on a proposal to minimize harms that may arise from bad actors that access numbering resources indirectly.
9/22/2023 FCC-23-74 FCC Seeks Further Comment on 5G Fund for Rural AmericaFurther Notice of Proposed RulemakingThe Further Notice of Proposed Rulemaking seeks to refresh the record on the 5G Fund for Rural America by requesting comment on limited issues necessary to implement the Fund and hold an auction, including: potentially redefining eligible areas; reassessing the budget; reconsidering the metric for bidding, support prices, and compliance with performance requirements; the timing for transitioning from mobile legacy support; requiring auction applicants to certify notice of requirements and procedures; whether to require cybersecurity and supply chain risk management plans from support recipients; and whether the Fund should be used to encourage deployment of Open Radio Access Networks.
9/22/2023 FCC-23-73 FCC Streamlines Satellite Application ProcessingExpediting Initial Processing of Satellite and Earth Station Applications; Space InnovationThe Further Notice of Proposed Rulemaking seeks comment on proposed changes to further expedite satellite and earth station licensing, including: expanding options for making minor modifications, establishing a new type of license for earth station operators without a satellite point of communication, a special temporary authority-like process for satellite market access grantees, a permitted list for NGSO operators, making our special temporary authority filing process more efficient, expanding timeframes for filing renewal applications, establishing timeframes for final action on applications, ways to avoid potentially duplicative coordination processes, and procedural rule updates to facilitate the filing process and reduce paperwork.
9/6/2023 DA-23-813 Lac du Flambeau, Wisconsin, FM Table of AllotmentsFM Table of Allotments, Lac du Flambeau, WisconsinSeeks comment on the proposal to amend the FM Table of Allotments to add the allotment of Channel 225A at Lac du Flambeau, Wisconsin, as a Tribal Allotment and the community's first local service.
8/29/2023 DA-23-774 TV Table Of Allotments, NPRM, Des Moines, IowaTV Table Of Allotments, NPRM, Des Moines, IowaSeeks comment on the proposal to amend the Table of TV Allotments and substitute reserved noncommercial educational (NCE) television channel *34 in place of channel *11 at Des Moines, Iowa, for station KDIN-TV, and delete vacant channel *34 at Ames, Iowa, and substitute it with the allotment of vacant channel *21 at Ames.
8/23/2023 DA-23-749 TV Table Of Allotments, NPRM, Winnemucca, NevadaTV Table Of Allotments, NPRM, Winnemucca, NevadaSeeks comment on the proposal to amend the Table of TV Allotments to substitute channel 16 for channel 7 at Winnemucca, Nevada, for unbuilt station KWNV(DT).
8/23/2023 DA-23-750 TV Table Of Allotments, NPRM, Idaho Falls, IdahoTV Table Of Allotments, NPRM, Idaho Falls, IdahoSeeks comment on the proposal to amend the Table of TV Allotments to substitute channel 18 for channel 7 at Idaho Falls, Idaho, for station KIFI-TV.
8/17/2023 DA-23-710 FCC Seeks Comment Regarding Possible Revision or Elimination of Rules Adopted in 2007–2012 under the Regulatory Flexibility ActFCC Seeks Comment Regarding Possible Revision or Elimination of Rules Adopted in 2007–2012 under the Regulatory Flexibility Act, 5 U.S.C. section 610

The Public Notice announces and solicits comment on the Commission’s plan to review rules the agency adopted in calendar years 2007–2012 that have or will have a significant economic impact on a substantial number of small entities. Section 610 of the Regulatory Flexibility Act requires the Commission to determine whether such rules should be continued without change, amended, or rescinded, consistent with the stated objectives of applicable statutes, to minimize any significant economic impact of the rules upon a substantial number of small entities.
8/16/2023 DA-23-705 TV Table Of Allotments, NPRM, Colusa, CaliforniaTV Table Of Allotments, NPRM, Colusa, CaliforniaSeeks comment on the proposal to amend the Table of TV Allotments and allot reserved noncommercial educational (NCE) television channel *2 to Colusa, California.
8/16/2023 DA-23-703 TV Table Of Allotments, NPRM, Tulare, CaliforniaTV Table Of Allotments, NPRM, Tulare, CaliforniaSeeks comment on the proposal to amend the Table of TV Allotments to allot reserved noncommercial educational (NCE) television channel *3 to Tulare, California.
8/16/2023 DA-23-706 TV Table Of Allotments, NPRM, Alamogordo, New MexicoTV Table Of Allotments, NPRM, Alamogordo, New MexicoSeeks comment on the proposal to amend the Table of TV Allotments and allot reserved noncommercial educational (NCE) television channel *4 at Alamagordo, New Mexico.
8/10/2023 FCC-23-65 FCC Proposes Cybersecurity Labeling Program for Smart DevicesCybersecurity Labeling for Internet of ThingsThe Commission has proposed a voluntary cybersecurity labeling program for Internet-connected smart devices to provide consumers with easily-understood information on the relative security of a smart device or product they are considering purchasing. Qualifying products would bear a “Cyber Trust Mark” logo demonstrating compliance with minimum cybersecurity requirements. The Commission seeks comment on: which devices or products should be eligible for the program; oversight and management of the program; use of third-party administrators in the program; how to assess compliance with program requirements; and development of criteria and standards for use in the program, among other aspects.
8/3/2023 DA-23-656 2023 Incarcerated People's Communications Services Annual Reports PNWCB and CGB Seek Comment on Revisions to Providers' Annual Reporting and Certification RequirementsIn the Public Notice, the Wireline Competition Bureau and the Consumer and Governmental Affairs Bureau seek comment on proposed revisions to the annual reports that must be filed by certain providers of incarcerated people’s communications services (IPCS). The proposed revisions are necessary to reflect expanded reporting requirements regarding access to IPCS by persons with communications disabilities and the addition of video IPCS data to help implement new legislation – the Martha Wright-Reed Just and Reasonable Communications Act of 2022. The Bureaus also seek comment on other minor changes designed to reduce burdens and minimize provider error when completing the annual reports.
8/1/2023 FCC-23-61 FCC Proposes to Modify Technical Rules for Digital FM StationsIn the Matter of Modifying Rules for FM Terrestrial Digital Audio Broadcasting SystemsIn the NPRM, FCC 23-61, the proposed rules would
  1. Change the method to determine the maximum allowable power an FM station can use in broadcasting its digital signal, thus enabling FM stations employing digital transmissions to increase FM digital power beyond the current limit without the need for individual Commission authorization; and
  2. Allow FM stations using digital transmissions to operate with higher power on one digital sideband than the other (asymmetric sideband operation), upon simple notification to the Commission. This would allow digital FM stations to increase signal coverage without interfering with analog FM stations on adjacent frequencies.
7/24/2023 FCC-23-60 FCC Proposes Rule Changes for High-Cost Legacy Support MechanismsConnect America Fund: A National Broadband Plan for Our Future High-Cost Universal Service Support, et al.

In this Notice of Proposed Rulemaking, the Federal Communications Commission (Commission) seeks comment on amending legacy rate-of-return mechanisms under the Connect America Fund (CAF) to align them with the current broadband deployment and support environment. In particular, the Commission seeks comment on the appropriate deployment obligations for carriers receiving CAF Broadband Loop Support and on methodologies for preventing duplication of support between legacy high-cost universal service support mechanisms and funding provided by other federal and state agencies for the deployment of broadband. The Commission also asks about deferring the next deployment obligation term for legacy carriers until January 1, 2025.
6/12/2023 FCC-23-50 FCC Requires Video Conferencing Accessibility & Proposes ASL SupportAccess to Video Conferencing; Implementation of Sections 716 and 717 of the Communications Act of 1934, as Enacted by the Twenty-First Century Communications and Video Accessibility Act of 2010, et al. In the Notice of Proposed Rulemaking, the FCC seeks comment on proposed requirements to ensure access to video conferencing by people with disabilities, including specific performance objectives such as captioning and text-to-speech capabilities; and enabling the use of sign language interpreting, and whether additional performance objectives are needed (for example, to support individuals with other types of disabilities). The FCC further proposes rules for integrating Telecommunications Relay Services (TRS) with video conferencing services without a telephone connection and assigning more than one TRS communications assistant to relay service calls that involve users of different forms of TRS.
6/9/2023 FCC-23-51 FCC Explores Spectrum Sharing Approaches for the 42 GHz Spectrum BandShared Use of the 42 GHz Band; Use of Spectrum Bands Above 24 GHz For Mobile Radio ServicesIn this Notice of Proposed Rulemaking, the FCC seeks comment on how spectrum in the 42 GHz band might be made available through one of several non-exclusive spectrum access models. The FCC seeks comment on three shared licensing approaches—a nationwide non-exclusive licensing model, site-based licensing, and technology-based sensing—as well as on potential coordination mechanisms, first-in-time protections, buildout requirements, and how to protect radio astronomy services in the adjacent band.
4/25/2023 FCC-23-28 FCC Proposes Periodic Reviews of International Telecom AuthorizationsReview of International Section 214 Authorizations to Assess Evolving National Security, Law Enforcement, Foreign Policy, and Trade Policy RisksBy this NPRM, the FCC proposes rules that would require carriers to renew, every 10 years, their international section 214 authority or in the alternative, to periodically update information. The NPRM seeks to adopt rules that would enable the FCC to review the public interest and national security implications of those authorizations based on updated information. Through these proposals, the FCC seeks to ensure that it is exercising appropriate oversight of international section 214 authorization holders to safeguard U.S. telecommunications networks.

 

Updated:
Wednesday, November 22, 2023