Trump Nominates Trusty as Commissioner; Appoints Carr as Chair

President Trump has nominated Olivia Trusty as the next FCC Commissioner. Ms. Trusty currently serves as a Legislative Aide to the U.S. Senate Commerce Committee and will fill seat vacated by the departure of current FCC Chair Jessica Rosenworcel. The nomination of a GOP Commissioner will create a 3-2 GOP-controlled agency, led by incoming FCC Chair Brendan Carr, who has served as an FCC Commissioner since 2017. On Inauguration Day, Carr was officially designated as the next chair, which does not require Senate confirmation. 

Trump Issues Executive Order to Expedite Environmental Permitting Requirements

President Trump issued an Executive Order on Monday targeting the federal environmental permitting process by ordering the Chairman of the Council on Environmental Quality (CEQ) to review the guidance and implementation of the National Environmental Policy Act (NEPA). The CEQ has 30 days from the Order to provide its findings to “expedite and simplify the permitting process.” Once provided, the CEQ will convene a working group to coordinate agency-wide revisions of NEPA and other federal regulations. According to the order, the streaming of the regulatory process will open doors for faster permitting for critical energy infrastructure and quicker review of NEPA applications. 

Chairwoman Rosenworcel Announces New Cybersecurity Measures

In the wake of the Salt Typhoon incidents that targeted critical infrastructure across domestic networks, Chairwoman Rosenworcel announced that the FCC would adopted a Declaratory Ruling that finds the Communications Assistance for Law Enforcement Act (CALEA) requires all telecommunications carriers to secure their networks against unlawful intrusions into their networks. The Ruling is supported by a new Notice of Proposed Rulemaking which requests comments from carriers regarding proposed annual certifications of risk management plans, and other means to improve cyber resilience. 

FCC Proposes Increased Deployment on the 900 MHz Band

The FCC released a Notice of Proposed Rulemaking that seeks to expand the existing negotiation-based process of transitioning the 900 MHz band for broadband use. This NPRM builds on the Commission’s 2019 rulemaking which froze the band and created a 3/3 MHz broadband allocation. The presumptive broadband licensee, Anterix, then began negotiating to relocate incumbents from the newly designated broadband portion of the band to the two narrowband segments, or to other bands. Anterix has requested, and the Commission now seeks comment on, the expansion of the broadband allocation from the existing 3/3 MHz to the entire 5/5 MHz block of the 900 MHz band. The FCC has requested comment on eligibility criteria, application requirements and procedures, licensing, and technical parameters for license operators. The proposal also aims to gauge interest in expanding the Band for private broadband networks, as well as maintaining narrowband operations. Comments and Reply Comments will be due 60 and 90 days, respectively, from the date of the NPRM’s publication in the Federal Register. 

Enforcement Bureau Issues Notice of Violation for Faulty Antenna Structure

The FCC’s Enforcement Bureau issued a Notice of Violation for an antenna structure in Fort Worth, TX, citing violations of the FCC’s rules regarding the painting and lighting specifications for registered antenna structures. Specifically, the notice stated the agents found the owner had failed to repair and replace their top beacon light in accordance with 47 C.F.R. §§ 17.6(a) and 17.56, as well as also failed to notify the FAA and FCC of the extinguishment and any associated construction pursuant to §§ 17.48(a) and 17.57. The owner has been ordered to provide responses within 20 days of the release of the notice. 

Additional Authors: Thomas B. Magee, Tracy P. Marshall, Sean A. Stokes, and Wesley K. Wright