Under the BEAD Restructuring Policy Notice issued by NTIA on June 6 (“Policy Notice”),[1] state and territory broadband offices must rescind all preliminary and provisional BEAD awards made under the prior rules and must, in very short order, run a single competitive round with a strong preference for providers that promise to

Casey Lide
Partner at Keller and Heckman LLP
Washington, DC
+1 202.434.4186
Broadband Grants Are Still Taxable Income. Will the Broadband Grant Tax Treatment Act Finally Fix It?
In March 2022, we published a blog post explaining that broadband grants are apparently subject to federal income taxation. Three years later, and with $42.5 billion in BEAD grants on the verge of disbursement, nothing has changed.
As discussed in 2022, the taxability of broadband grants seems to be an unplanned quirk of the 2017…
FCC Responds to Cybersecurity Threats with CALEA Ruling
Earlier this month, in the waning days of Jessica Rosenworcel’s tenure as Chair of the Democrat-led FCC, the FCC released a Declaratory Ruling concluding that Section 105 of the Communications Assistance for Law Enforcement Act (CALEA) requires telecommunications carriers to secure their networks from unlawful access and interception of communications. Effectively, the FCC determined that…
The End of Chevron Deference for Agency Decisions: Potential Implications for Telecommunications Policy
The Supreme Court in a 6-3 vote overturned the landmark decision in Chevron v. Natural Resources Defense Council, sharply limiting the authority of federal administrative agencies, including the FCC.[1] After the decision in Loper Bright Enterprises v. Raimondo,[2] it will be easier to challenge and overturn agency decisions, and federal agencies…
Treasury Releases Final Version of SLFRF/CPF Supplemental Broadband Guidance
The Treasury Department has released the final version of important compliance guidance applicable to broadband projects funded through SLFRF or CPF awards. The “SLFRF and CPF Supplemental Broadband Guidance” (“Guidance”) addresses several crucial issues relating to the use of SLFRF and CPF funds for broadband projects, including the crucial distinction of ISPs acting…
Ten Key Issues for Broadband Network Operating Agreements
While there is no one solution to deploying affordable broadband, broadband partnerships have emerged as an attractive option in many areas of the country; indeed, in some instances, partnerships may be the only feasible option.[1] Recognizing the attractiveness of broadband partnerships, Congress and many states have sought to encourage such partnerships to help accelerate…
Keller and Heckman Webinar: Navigating the FCC’s Universal Service Program: Compliance Requirements for Service Providers
On March 9, 2023, Keller and Heckman attorneys Greg Kunkle and Casey Lide presented a webinar titled “Navigating the FCC’s Universal Service Program: Compliance Requirements for Service Providers.”
The FCC’s Universal Service Fund (USF) program is one of the most significant regulatory issues faced by service providers. The USF assessment amount is substantial and penalties…
Using Electric Utility Easements for Broadband
With tens of billions of dollars being made available for rural broadband infrastructure projects, electric utilities – including rural electric cooperatives, publicly owned power companies, and investor owned utilities – stand ready to play a crucial role in bringing broadband to unserved and underserved areas of the U.S. Easement issues are a significant concern for…
Now is a Good Time for a Regulatory Compliance Checkup
We understand that regulatory compliance is not the most engaging issue. Whether planning to deploy a new broadband network or operating an existing one, ensuring that the network and services are fully compliant with various state and federal regulatory obligations is an easy task to put off. But if not addressed, regulatory compliance can turn…

2022 Broadband Communities Summit
Keller and Heckman Partners Jim Baller, Casey Lide, Tracy Marshall, Sean Stokes, and Wes Wright will present at a workshop during the Broadband Communities Summit to take place in Houston, Texas on May 2-5, 2022. The summit will feature presentations by community leaders focusing on providing high-speed broadband networks. It will also address the key…