On April 7, the Federal Communications Commission (FCC or Commission) released a tentative agenda for its next Open Meeting, which is scheduled to take place on Monday, April 28 at 10:30 a.m. ET. The Commission released public drafts of four items that are expected to be considered at the Open Meeting, which are detailed below:
1. Modernizing Spectrum Sharing for Satellite Broadband (SB Docket No. 25-157): This draft Notice of Proposed Rulemaking (NPRM) would have the Commission vote on new proposals to support efficient spectrum sharing between geostationary (GSO) and non-geostationary (NGSO) satellite systems. Citing meteoric growth in the satellite marketplace, the NPRM seeks review of the spectrum-sharing regime for GSO and NGSO satellite systems in the 10.7-12.7, 17.3-18.6 and 19.7-20.2 GHz bands, as well as associated equivalent power-flux density (PFD) limit requirements. These requirements were last reviewed by the Commission around 25 years ago.
The draft NPRM focuses on protection for GSO networks, seeking comment on protection criteria and improved information sharing methods that would help prevent aggregate interference. The draft NPRM would grant a Petition for Rulemaking filed by Space Exploration Holdings, LLC (SpaceX) that asked the Commission to initiate a proceeding to revisit the sharing regime for GSO and NGSO systems between 10.7 GHz and 30 GHz in light of recent technological developments, and to update that sharing framework. In the draft NPRM, the FCC specifically seeks comment on (i) technological growth and development in the satellite industry since the equivalent PFD limits were adopted in 2000; (ii) how these limits currently protect GSO networks and impact or restrict NGSO systems; (iii) potential methodologies for measuring interference to and protecting GSOs; (iv) cross-border considerations; (v) developing modern GSO reference links; (vi) alternative sharing frameworks; and (vii) the plan for the transition to the new rules, if adopted.
2. Utilizing the Lower 37 GHz Band (WT Docket No. 24-243; GN Docket No. 14-177): This draft item would have the Commission vote on a Report and Order, Sixth Report and Order, and Further Notice of Proposed Rulemaking (FNPRM) regarding a licensing framework that would facilitate use of the 37–37.6 GHz band (Lower 37 GHz band) on a co-primary, shared basis. This band, which is shared between federal and non-federal users, can be used for services that include backhaul links, fixed wireless broadband systems, Internet of Things (IoT) systems, and capacity for terrestrial mobile systems.
If adopted, the draft item would allow commercial entities to access 600 MHz of spectrum using a site-based licensing framework that would require non-federal users to first obtain a nationwide non-exclusive license. The draft rules also include a coordination mechanism to prevent interference for site-based operations and would prioritize military deployments in the band. The FNPRM portion of the draft item seeks comment on emissions limits for Upper Microwave Flexible Use Service (UMFUS) operations above 37 GHz, and on ways the Commission can further enhance the coordination mechanism introduced in the draft rules. The Commission’s work to enable additional use of the Lower 37 GHz band follows years of related rulemakings, and most recently, guidance from the 2023 National Spectrum Strategy to further study the Lower 37 GHz band for shared use for both federal and non-federal users.
3. Caller ID Authentication on Non-IP Networks to Block Robocalls (WC Docket No. 17-97): This draft NPRM relates to the TRACED Act’s requirement for phone service providers to implement the STIR/SHAKEN caller ID authentication protocol. STIR/SHAKEN enables providers to verify that a caller’s number matches the caller ID information transmitted with a call, which informs providers’ efforts to identify and block illegal robocalls. However, this protocol only works in IP-based networks. To address this gap, the FCC adopted rules requiring providers who rely on non-IP networks to develop alternative caller ID authentication solutions for their networks. In this draft NPRM, the FCC seeks to evaluate whether these alternative protocols meet the caller ID authentication criteria established in the TRACED Act, and, if so, to require providers to implement such protocols in their non-IP networks. In connection with this new requirement, the FCC proposes to repeal the existing exemption from caller ID authentication requirements for non-IP based providers, and to give such providers two years from the rules’ effective date to implement one or more non-IP caller ID authentication protocols.
4. Clarifying Foreign Ownership Rules (GN Docket No. 25-149): This draft NPRM would have the Commission vote on new proposals to amend FCC rules concerning disclosure of foreign investment in broadcast, common carrier wireless and common carrier aeronautical licensees. Specifically, the NPRM proposes to formally codify certain informal practices the FCC has put in place since the last time it reformed its foreign ownership rules, including practices related to (i) the determination of which entity in the vertical ownership chain is considered the controlling U.S. parent of a licensee, (ii) the Commission’s treatment of voting interests of limited partnerships, and (iii) the identification of trusts and trustees. Additionally, the proposed changes would allow privately held companies to take advantage of the remedial procedures available to publicly traded companies, under which they may avoid an enforcement action by submitting a letter within 10 days of discovering non-compliance and filing a petition for declaratory ruling within 30 days. The NPRM also proposes requiring remedial petitions to include all ownership information, and not simply the information related to the non-compliant interests. The NPRM further proposes to require petitioners who seek to substantially amend already-filed petitions to file a complete restatement of the petition, rather than an amendment or supplement with specific changes, and to clarify that U.S. residency of foreign investors is not a factor in the Commission’s public interest analysis.
The NPRM also seeks public comment on two issues specific to foreign investment in broadcast licensees. First, the NPRM seeks comment on how the Commission should treat other applications filed by broadcast licensees (e.g., applications for special temporary authority or minor modifications to a license) while a remedial petition is pending, since the Commission may ultimately deny the remedial petition and take enforcement action against the licensee. Second, the NPRM seeks comment on how the Commission should apply its foreign ownership analysis to noncommercial educational and low-power FM stations, since these entities are often governed by boards of directors or unincorporated associations without traditional voting or equity shares in the entity.