In the previous edition of the ICORE Blog we discussed the Federal Government shutdown and its impact on the FCC’s operations. While the shutdown continues there have been developments regarding issues of importance to the telecommunications industry. Please note the following:
- On October 7, 2025, the FCC issued a tentative agenda for its October 28, 2025 open meeting. Included on the agenda is a Further Notice of Proposed Rulemaking (FNPRM) regarding Consumer Broadband Labels. Consumer Broadband Labels have been a topic of discussion on this site on numerous occasions in the recent past (see ICORE Blogs dated 2/14/23, 3/3/23, 3/31/23, 10/12/23, 4/12/24, and 9/13/24). The FNPRM proposes to eliminate certain Broadband Label requirements and seeks comment on other modifications to streamline the related rules while preserving the intended benefits for consumers. The FNPRM proposes to eliminate the requirements that broadband providers read the label to consumers over the phone, itemize state and local passthrough fees, provide information about the Affordable Connectivity Plan, display labels in customer account portals, make labels available in machine readable format, and archive labels for at least two years after a service is no longer offered. In addition to the foregoing, the FNPRM seeks comment on whether to eliminate the multilingual display requirement and ways to further streamline the process by eliminating other label requirements that are unduly burdensome and provide minimal benefit to consumers.
- The FCC’s December 2023 Order addressing Data Breach Reporting Requirements (see ICORE Blog dated 1/12/24) was the subject of recent activity in the Courts. In early 2024, a Petition for Review regarding the Order was filed by the Ohio Telecom Association et al with the U.S. Court of Appeals for the Sixth Circuit. This Petition was denied by the Sixth Circuit in August 2025. Subsequent to the Court’s denial of the Petition for Review, the Ohio Telecom Association recently sought a rehearing of the Sixth Circuit’s August 2025 ruling. In its response to the request for a rehearing the FCC stated that the Commission now has three sitting Commissioners, only one of whom voted to approve the Order in December 2023. Further, the FCC cited its current ongoing efforts to streamline its regulations including the regulations created by the December 2023 Data Breach Reporting Requirements Order. The FCC requested that the recent request for rehearing filed by the Ohio Telecom Association, et al be held in abeyance in consideration of the agency’s ongoing internal review and further proposed to file status reports every 90 days. On October 7, 2025 the Sixth Circuit granted the FCC’s request to hold the case in abeyance and required the FCC to file status reports every 60 days with the first status report due on December 16, 2025.
At this point it’s difficult to know how much longer the Federal Government shutdown will continue. Although on a limited basis the FCC is continuing to operate. We will continue to monitor activities at the FCC and provide updates accordingly.
