The year 2025 was a busy year for the telecommunications industry. Major issues were addressed in the Courts, at the FCC and NTIA, and the Trump administration took an aggressive approach towards deregulation and the streamlining of federal rules and regulations. Some of the most significant issues that occurred in 2025 are addressed below.
On June 27, 2025 the Supreme Court issued a ruling upholding the legality of the FCC’s Universal Service Program. This ruling reversed a July 2024 ruling by the U.S. Court of Appeals for the 5th Circuit that found that the USF was unconstitutional as currently administered. In reaching that conclusion, the 5th Circuit found that contributions to the fund constitute a tax and that Congress improperly delegated its taxing authority to the FCC. Further, the 5th Circuit concluded that the FCC had improperly delegated its authority to USAC for the administration of the fund. In a 6-3 opinion, the Supreme Court ruled that the 5th Circuit erred in its finding that USF fees are an illegal tax and further found that the FCC’s assignment of the fund’s administration to USAC does not violate the Non-Delegation Doctrine as determined by the 5th Circuit.
The FCC’s 2024 Open Internet Order (Order) was also the subject of Court proceedings in 2025. This Order, adopted by the FCC in April, 2024 restored the Commission’s authority to regulate Broadband Internet Access Service (BIAS) as a telecommunications service under its Title II authority. As such, the rules adopted would have prevented BIAS providers from blocking traffic, slowing down content, or creating pay to play fast lanes but did not impose rate regulation, tariffing, or unbundling requirements. The Order was met with significant opposition from interested parties culminating in a Stay of the Order being issued by U.S. Court of Appeals for the 6th Circuit. On January 2, 2025, the 6th Circuit issued a ruling setting aside the Order finding that BIAS was an information service and therefore the FCC lacks the authority to impose its net neutrality policies through the telecommunications service provisions of the Communications Act. In response to the 6th Circuit’s ruling outgoing Chairwoman Jessica Rosenworcel called on Congress to enact federal law to address net neutrality. Conversely, incoming FCC Chairman Brendan Carr issued a statement strongly supporting the 6th Circuit’s ruling. A Petition for a Rehearing en Banc was filed by four Public Interest Groups and that Petition was subsequently denied by the Sixth Circuit.
Cybersecurity was an issue for consideration by the Commission in 2025. In response to a major Cybersecurity attack (Salt Typhoon Attack) on U.S. telecommunications networks that occurred that in December of 2024, on January 15, 2025 the Commission adopted a Declaratory Order (Order) and NPRM addressing Cybersecurity. The Order reiterates the FCC’s previous rulings that telecommunications carriers’ duties under section 105 of the Communications Assistance for Law Enforcement Act (CALEA) extend not only to the equipment they choose to use in their networks, but also to how they manage their networks. The NPRM proposed to adopt specific cybersecurity and supply chain risk management requirements and would have applied these requirements to a broader universe of providers. Notably, providers would be required to create, update, and implement cybersecurity and supply chain risk management plans and certify on an annual basis as to the ongoing compliance of these plans, The NPRM recognized that EA-CAM carriers were already subject to these requirements. Most recently, at its November 20, 2025 Open Meeting, the Commission approved an Order on Reconsideration rescinding the January 15, 2025 Declaratory Order and withdrawing the accompanying NPRM concluding that these past actions misinterpreted CALEA and addressed issues that were not appropriate in the absence of public input. The Order on Reconsideration states that the Commission will instead continue to pursue a more industry collaborative approach and a more legally sound rulemaking and enforcement process. A Press Release announcing the Commission’s November 20, 2025 actions rescinding the January 15, 2025 Declaratory Order and NPRM states that this action follows a months-long engagement with communications providers where they’ve agreed to take urgent and immediate steps to mitigate cybersecurity risks.
The BEAD Program received extensive attention this year and the Program underwent significant changes and resulting delays. In March of this year, Howard Lutnick, the Secretary of Commerce, issued a statement highly critical of the BEAD Program’s progress citing the Program’s burdensome regulations and favoritism toward certain technologies. He announced at that time that the Department of Commerce had launched a review of the Program that would result in changes reflecting a more technology neutral approach and would explore ways to cut government red tape that slows down infrastructure deployment. In April, 2025, in anticipation of changes resulting from this review and to ensure that States and Territories had sufficient time to implement the changes, NTIA announced a 90 day extension of the BEAD Program’s Final Proposal Deadline. On June 6, 2025, upon completion of its review, NTIA issued a Policy Notice outlining extensive changes to the Program in the areas of technology neutrality, labor and workforce development, environmental reviews, and other areas. The Policy Notice required that States and Territories conduct at least one additional subgrantee selection round referred as the “Benefit of the Bargain Round”. States and Territories had 90 days from the date of the Policy Notice to submit their Final Proposals and NTIA would complete its review of each Final Proposal within 90 days of submission. To date 53 out 56 States and Territories have submitted their Final Proposals (3 have been granted short term extensions). Most recently, on December 11, 2025 President Trump issued an Executive Order addressing AI and the importance of sustaining and enhancing the United States global AI dominance through a minimally burdensome national policy framework for AI. The Executive Order specifically targets existing State regulations that are described as onerous and excessive and threaten to stymie innovation. The Executive Order requires the Secretary of Commerce to conduct an evaluation of existing State AI laws and regulations within 90 days and to issue a Policy Notice specifying the conditions under which States may be eligible for remaining funding under the BEAD Program. Per the Executive Order, States with onerous AI laws will be ineligible for BEAD non-deployment funds to the maximum amount allowed by law.
As mentioned above, the Trump administration and the FCC have taken an aggressive approach to deregulation and streamlining federal rules. In January, 2025, President Trump issued his Regulatory Freeze memorandum which was followed by additional Executive Orders in February, 2025 (see ICORE Blogs dated 2/5/25 and 2/28/25) addressing federal government regulations and proceedings. In July, FCC Chairman Carr announced his “Build America Agenda” addressing the need to accelerate high speed infrastructure across the country and the need to cut red tape that is slowing the process and driving up costs. In 2025, the FCC has addressed many issues affecting broadband deployment and related issues including the process for retiring outdated copper facilities, pole attachment rules, network change disclosure rules, state and local permitting rules and right of way rules, broadband label requirements, as well as other issues.
The federal government shutdown effected the timing related to the filing of comments and reply comments regarding several important issues that the Commission will consider in the coming months. As 2026 unfolds, we will continue to monitor the issues discussed above as well other important issues that arise next year. As always, ICORE wishes you and your families a Happy Holiday season and a prosperous New Year!
