FCC Approves Direct Final Rule, AWS-3, 988 Georouting and Slamming Items

The direct final rule order eliminates 11 rules concerning “obsolete technology, outdated marketplace conditions, expired deadlines, or repealed legal obligations,” said an FCC release. It also outlines the agency’s direct final rule process, under which usual notice and comment timelines will be replaced with an abbreviated comment period that could range from 10 to 30 days, said FCC General Counsel Adam Candeub in a press conference. Items targeted for deletion under a DFR process are automatically deleted after the abbreviated comment period unless “significant” comments objecting are received by the FCC. Carr said that “some of our rules are so obsolete that going through a lengthier, longer process will be a waste of resources.”

The final order also clarifies that the FCC’s bureaus have delegated authority to delete rules under the process without commission votes, Candeub said. The bureaus have “always” had that power under an Administrative Procedure Act exemption for routine and inconsequential rules, he said. Candeub said that the process will be used for only inconsequential items and that a single substantive comment would be sufficient to prevent automatic deletion. “We’re not trying to pull anything over on anyone,” he said.

Gomez said she told Carr’s office she would support the item if it were changed to only “explore” the possibility of a DFR process and include an NPRM on the rule deletions. “That offer was declined.” She said that if the rules involved are outdated and inconsequential, there should be no reason that the agency couldn’t wait the time required for standard notice and comment.

Carr and Candeub said the final order was changed from the draft version in response to comments from Tech Freedom and public interest groups. The final version now allows for the possibility of longer comment periods for complex or important deletions, and clarifies that the bureaus aren’t being given new authority, Candeub said.

AWS-3

An AWS-3 auction order was approved by a unanimous vote, though Gomez concurred with part of the order. The most controversial issue had been whether the FCC would add a priority window giving tribes special access to the band (see 2507180054). FCC officials said there were a few “modest changes” to the item over the draft.

The auction will be the FCC’s first for full-power licensed use since 2022. Part of the proceeds will fund the FCC’s Secure and Trusted Communications Networks Reimbursement Program. The FY 2025 National Defense Authorization Act, which authorized the auction, allows 18 months for it to be held.

“While I believe that it could have been possible for the FCC to conduct both a tribal licensing window and an AWS-3 auction within the timeframe that Congress indicated, I understand that the commission’s interpretation of Congress’s directive in this act was to move to auction expeditiously,” Gomez said. “For these reasons I approve in part and concur in part.” Carr agreed to look at tribal windows for future auctions, she said.

Gomez thanked Carr and his staff for working with her on edits that affirm the FCC’s trust responsibility to tribal nations. “Holding a tribal licensing window is consistent with and acknowledges our trust responsibility,” she said.

Commissioner Olivia Trusty said by authorizing the auction “we lay the groundwork to auction the valuable spectrum so it can be put to its highest and best use, improving service quality and delivering faster internet speeds for consumers.” The licenses will meet better coverage in many markets “and deliver a much-needed injection of spectrum for LTE and 5G deployment,” she said. Trusty also stressed the importance of fully funding the rip-and-replace program.

“From my first day as chairman, I made every effort to get more spectrum in the marketplace,” Carr said. “These are spectrum licenses that have been laying fallow for years.”

Nat Purser, government affairs policy advocate at Public Knowledge, expressed disappointment that the FCC didn’t provide a tribal window. “A window modeled on the successful approach that former FCC Chairman Ajit Pai took in the 2.5 GHz band would have been a concrete step toward improving broadband on Tribal lands, which studies show remain the least connected communities in America,” Purser said.

988 Georouting

Wireline Bureau lawyer Robert Martin said the 988 order is designed to give providers flexibility in the options they employ for meeting the georouting requirement, as long as it's compatible with the routing platform used by the 988 Lifeline. Nationwide providers will have an 18-month implementation deadline, while non-nationwide providers will have 36 months, he said.

Gomez called the ending of 988’s LGBTQ subnetwork this month (see 506240051 "a shameful stain on the legacy of an otherwise successful effort to help Americans in crisis.” This "form of specialized support is still very much needed, just as it is for veterans and other groups,” she said. Gomez said planned cuts to Health and Human Services’ Substance Abuse and Mental Health Services Administration may mean "there may be no one left to help implement the georouting changes we seek in this order.” She said she got changes made to the order clarifying that in the event that SAMHSA is reorganized, or its responsibilities transferred, any successor agency will be expected to carry out the same 988-related duties without interruption. Gomez said she got changes made to the 988 item related to public education about improving access to 988.

CTIA said Thursday’s approval advances collective work by the wireless industry, the FCC, SAMHSA and Lifeline to identify ways to provide georouting information.

Slamming and Truth in Billing

The commissioners also unanimously approved an item seeking comment on updates to the FCC’s slamming and truth in billing rules. The item seeks comment on whether the existing rules remain relevant and on streamlining them. Carr said the FCC has received zero complaints about slamming in 2025 but has heard concerns that the rules impose unnecessary burdens on companies. Gomez said she supports updating the rules but is concerned that updates will not erode consumer protections. She said she requested that the NPRM include in its title language promoting transparency in billing but that her request wasn’t implemented. She said the FCC should retain the requirement that providers list a physical address and toll-free number on phone bills. “It is crucial that we continue to allow for recourse when consumers face billing issues.”