What’s New in Wireless - October 2025

The wireless industry has revolutionized the way we connect, from facilitating teleworking, distance learning, and telemedicine to allowing the American public to interact virtually in almost all other aspects of their daily lives.  Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools and resources it needs to keep pace with this evolving landscape.  This blog provides monthly updates on actions by federal regulatory bodies responsible for communications policy and Congressional efforts to support wireless connectivity.  And this month we highlight the FCC’s proposals to prevent the use of contraband phones in prisons.   

Regulatory Actions and Initiatives 

Wireless Networks, Equipment, and Infrastructure

The FCC Proposes Permitting the Jamming of Contraband Phones.  On September 30, 2025, the FCC adopted a Third Further Notice of Proposed Rulemaking (“Third FNPRM”) that proposes to permit correctional facilities to use jamming solutions to prevent the use of contraband wireless devices in correctional facilities.  Among other things, the FCC proposes to “deauthorize” the operation of contraband wireless devices in correctional facilities so as to avoid the prohibition in Section 333 of the Communications Act of 1934, as amended, on the willful or malicious interference to “authorized” stations.  The Third FNPRM also proposes a spectrum leasing framework requiring good faith negotiations between wireless providers and eligible entities seeking to deploy jamming solutions in correctional facilities, a safe harbor for wireless providers that engage in good faith negotiations, and a fallback non-exclusive overlay license available to jamming solution operators where a good faith leasing agreement cannot be reached.  In the News Release issued after the Third FNPRM’s adoption, the FCC stated that the item “aims to facilitate cooperation between departments of correction and wireless carriers to implement targeted jamming solutions, leveraging the FCC’s existing leasing process” and will “focus on preventing harmful interference to wireless carrier networks, and in particular, wireless devices of Americans who live, work, and travel near prisons.”  Comments and reply comments are due 30 and 45 days, respectively, after the Third FNPRM is published in the Federal Register. 

The FCC Takes Steps to Streamline Wireless Infrastructure Deployment.  As part of its “Build America” agenda, the FCC adopted a Notice of Proposed Rulemaking (“NPRM”) that seeks comment on ways to accelerate the buildout of wireless infrastructure.  Among other things, it seeks comment on steps the FCC could take to prevent or limit the ability of state and local permitting regulations to prohibit (or have the effect of prohibiting) deployment of wireless infrastructure facilities.  It also seeks comment on whether the FCC should implement alternative dispute resolution procedures or an accelerated “rocket docket” process to facilitate the resolution of permitting disputes.  Comments and reply comments are due 30 and 45 days, respectively, after the NPRM is published in the Federal Register. 

Spectrum

The FCC Announces Auctions Estimate for Fiscal Year 2026.  On September 30, 2025, the Office of Economics and Analytics (“OEA”) issued a Public Notice satisfying the Congressional requirement for publishing a list of auctions that it will conduct in the coming fiscal year.  The Public Notice states that the FCC will conduct an auction of AWS-3 spectrum (as it is statutorily required to) by June 23, 2026.  The Public Notice also mentions the 4.0-4.2 GHz band (the “Upper C-band”) spectrum (some of which it is required to auction under the One Big Beautiful Bill Act), but notes that the FCC does not anticipate beginning an auction of that spectrum in 2026.  Finally, the Public Notice says the FCC will “consider” auctions for other spectrum in its inventory, including 600 MHz spectrum.

The FCC Seeks Comment on EchoStar’s Assignment Applications.  On September 30, the FCC’s Wireless Telecommunications Bureau (“WTB”) released a Public Notice announcing that the applications to assign EchoStar Corporation’s (“EchoStar’s”) 3.45 GHz and 600 MHz spectrum licenses to AT&T Mobility II LLC (“AT&T”) has been accepted for filing.  According to EchoStar and AT&T, EchoStar would assign its licenses to AT&T in 3,143 counties in all or parts of 716 Cellular Market Areas across 50 states and D.C.  AT&T would be attributed with a maximum of 415 megahertz of spectrum, including up to 110 megahertz of below-1-GHz spectrum and up to 100 megahertz of 3.45 GHz spectrum.  Because AT&T would have an attributable interest in more than 40 megahertz of 3.45 GHz spectrum in certain Partial Economic Areas, the parties have requested a waiver of the spectrum aggregation limits applicable to that band.  They have also requested a “waiver, extension, and/or substitution of the 600 MHz buildout requirements” because AT&T does not currently operate in the band and, therefore, needs additional time to deploy.  The WTB and the FCC’s Space Bureau also released a separate Public Notice announcing that the applications to assign EchoStar’s AWS-4 and H Block wireless licenses and earth station licenses to Space Exploration Technologies Corp. (“SpaceX”) has been accepted for filing.  EchoStar and SpaceX contemplate a two-step transaction whereby the licenses will be assigned to a trust for the benefit of SpaceX and then, approximately two years later, to SpaceX.  Both Public Notices have set the same pleading cycle.  Petitions to deny the applications are due October 30, 2025, oppositions are due November 14, 2025, and replies are due November 24, 2025.

NTIA Announces Next Target Spectrum Band at Symposium.  As we previously reported, the National Telecommunications and Information Administration (“NTIA”) hosted its annual spectrum policy symposium on September 10, 2025, “to publicly announce its spectrum policy.”  Among other things, NTIA Administrator Roth announced plans to auction the 1675-1680 MHz band (which the Commission has studied for years) and that NTIA would be studying the adjacent 15 megahertz for potential auction.  In addition, Administrator Roth announced that NTIA intends to assess four targeted spectrum bands in the range set by Congress under the One Big Beautiful Bill Act for potential auction:  7125-7400 MHz; 1680-1695 MHz; 2700-2900 MHz; and 4400-4940 MHz.  Finally, Administrator Roth stated that NTIA will “actively support and contribute to the FCC’s efforts to auction the Upper C-Band.”  

The FCC Seeks Comment on Allowing Viaero to Hold More 3.5 GHz Band Licenses.  On September 5, 2025, the FCC’s Wireless Telecommunications Bureau (“WTB”) released a Public Notice seeking comment on a Request for Waiver filed by Citizens Band License Company, LLC (“CBLC”) and NE Colorado Cellular, Inc. dba Viaero Wireless (“Viaero”) of Section 96.31(a) of the rules.  Under the Section 96.31 of the FCC’s rules, licensees are subject to an aggregation limit of up to four Priority Access Licenses (“PAL”) in the 3.5 GHz band in any county-based license area at any given time.  The waiver request relates to CBLC’s proposed assignment of ten PAL channels in seven counties in Colorado to Viaero and would allow Viaero to exceed the four PAL channel limit in those counties.  In particular, if the WTB consents to the assignment, Viaero will hold six PAL channels in the following three Colorado counties: Huerfano, Prowers, and Saguache, and hold five PAL channels in the following four Colorado counties: Alamosa, Conejos, Lincoln, and Rio Grande.  Comments on the waiver request were due September 17, 2025.

The FCC Seeks Input on Incumbents in the Upper C-band.  The FCC’s Space Bureau released a Public Notice on September 18, 2025, along with an attachment regarding earth stations in the Upper C-band. While the Public Notice does not explicitly say so, it is likely that the Space Bureau is compiling this information as it prepares for the potential relocation of earth station incumbents so that the Upper C-band can be reallocated and auctioned for commercial wireless services, as discussed above.

Wireless Services and Equipment

The FCC Denies Applications for Recognition from Chinese-Controlled Labs. On September 26, 2025, the FCC announced that its Office of Engineering and Technology (“OET”) denied the applications for FCC recognition of four test labs controlled by the government of China.  This action is similar to the one taken earlier in September, when OET initiated the process to withdraw recognition from seven labs, denied applications for two labs, and announced the expiration of recognitions for two labs.  There are now 15 “bad labs” targeted by the FCC.

Supplemental Coverage from Space (“SCS”) Providers are Reminded About Their Reports.  The FCC’s Public Safety and Homeland Security Bureau released a Public Notice on September 19, 2025, reminding Commercial Mobile Radio Service (“CMRS”) providers with SCS arrangements of their obligation to submit an annual report by October 15, 2025 regarding 911 voice calls, text messages, and emergency call center data as of September 30, 2025.  In addition to this annual report, CMRS providers must submit a one-time privacy certification by October 15, 2025.

Legislative Efforts

The House Subcommittee on Communications and Technology Holds a Hearing on Streamlining Broadband Permitting.  On September 18, 2025, the Subcommittee on Communications and Technology of the House Energy and Commerce Committee held a hearing titled “Examining Solutions to Expedite Broadband Permitting.”  During the hearing, witnesses from USTelecom-The Broadband Association, the Wireless Infrastructure Association, INCOMPAS, and the Benton Institute for Broadband & Society discussed what should be included in a national permitting framework and anticipating the infrastructure demands of artificial intelligence, among other things.  The hearing focused on several bills, including the Winning the International Race for Economic Leadership and Expanding Service to Support (WIRELESS) Leadership Act, the 5G Using Previously Granted Rulings that Accelerate Deployment Everywhere (UPGRADE) Act, and the Wireless Broadband Competition and Efficient Deployment Act.

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