May 2023

Telecommunications Industry News

2 min

Welcome to the next edition of Venable's Telecommunications Industry News. This monthly newsletter will feature insights from our Telecommunications Practice Group on the latest issues affecting the wireless, telecommunications and space industries.


Preparing for a New Era in Satellite Services: The FCC Updates Spectrum Sharing Rules for NGSO FSS Satellites

The Federal Communications Commission (FCC) has made a long-awaited revision to its rules for spectrum sharing among non-geostationary (NGSO) fixed-satellite service (FSS) satellite constellations. A Report and Order and Further Notice of Proposed Rulemaking, adopted at an Open Commission Meeting on April 20, 2023, clarifies protection obligations of NGSO FSS systems. In so doing, the FCC seeks to encourage the deployment of the next generation of satellites—many of which will be used to provide broadband services—with updated guidance to industry that will allow for better regulatory certainty, for both incumbent NGSO FSS systems and new entrants.

5.9 GHz Waiver Opens Road to Initial C-V2X Deployment

On April 24, the FCC granted a joint waiver request to allow initial deployment of next-generation cellular Vehicle to Everything (C-V2X) technology. C-V2X technology allows vehicles to communicate with one another and with road infrastructure in the upper 20 MHz part of the 5.9 GHz band. The technology is a major advance in vehicle communications and transportation safety.

Supreme Court to Hear Case That Could Overrule Chevron and Curtail Administrative Agencies' Ability to Regulate Broadly

The U.S. Supreme Court on Monday agreed to review Loper Bright Enterprises v. Raimondo, a direct challenge to Chevron deference. A decision in the case could either overrule Chevron altogether, or alternatively narrow the doctrine to clarify that statutory silence is not the same as ambiguity and therefore an implied grant of virtually unfettered agency authority. Either way, a decision in the case is likely to constrain federal regulatory agency action going forward.

Fiber and Wireless Deployment: Overcoming the Challenge of Federal Permitting

Venable partners Craig Gilley and Fred Wagner discussed the challenges faced by companies as they rush to get fiber in the ground and wireless antennas on towers in the digital era. Combining their expertise in broadband technology and infrastructure development, they provided history, context, and compliance details surrounding the National Environmental Policy Act (NEPA) of 1969, National Historic Preservation Act (NHPA) of 1966, and related laws, and discussed strategies and best practices for navigating their requirements.