On Thursday, August 7, the Federal Communications Commission (“FCC” or “Commission”) held its monthly Open Meeting, where it considered items spanning several industries, including broadcasting, satellite communications, and public safety, among others. The expansive agenda reflected the Commission’s full court press on agency-wide regulatory streamlining, system modernization, and expansion of nationwide connectivity initiatives. Below are high-level summaries of the items the Commission considered and adopted as part of the August meeting:
The Commission adopted a Notice of Proposed Rulemaking (NPRM) to re-examine its environmental review procedures in accordance with the National Environmental Policy Act (NEPA) as amended in 2023, and to ensure such procedures are clear, facilitate greater and faster infrastructure deployment, and accelerate the federal permitting process. To advance these objectives, the NPRM seeks comment on whether and how to revise the FCC’s rules to align with the updated definition of a “major federal action,” update or replace the Commission’s longstanding categorical exclusions, and streamline review timelines for environmental assessments and impact statements. The NPRM further inquires whether geographic-area licenses and other Commission actions should trigger NEPA obligations and seeks comment on proposed changes to related rules under the National Historic Preservation Act.
- Comments on the NPRM are due 30 days after the date of publication in the Federal Register; Reply Comments are due 45 days following publication.
Streamlining Space Bureau Reviews
The Commission adopted a Second Report and Order (Order) in its Expediting Initial Processing of Satellite and Earth Station Applications proceeding, which focuses on further expediting processing of applications and removing certain regulatory barriers to modifying systems following authorization. The Order facilitates the expansion of ground station as a service (GSaaS) by allowing operators to apply for baseline earth station licenses without pre-identified satellite points of communication and by streamlining the process by which operators can add or remove satellite points of communication to an existing earth station authorization. Significantly, the Order also expands the types of modifications that will not require prior FCC approval, giving more post-authorization flexibility to space and earth station operators. The Order also eliminates the paper copy retention rule, aligns renewal timelines across earth stations, geostationary, and non-geostationary satellite applications, adds a 30-day shot clock for certain renewals, and permits market access grantees to request special temporary access.
- Except for those rules subject to the Paperwork Reduction Act, the Order will become effective 30 days after the date of publication in the Federal Register.