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

Casey Lide
Partner at Keller and Heckman LLP
Washington, DC
+1 202.434.4186
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…
Broadband Grants May Be Taxable Income
Broadband grants awarded under programs established by the American Rescue Plan Act (ARPA) and the Infrastructure Investment and Jobs Act (IIJA) could be subject to federal corporate income tax, effectively requiring corporate recipients of grant funds to return 21 percent of it to the federal government.
While the IRS has in the past declared a…
Don’t Forget About the Coronavirus Capital Projects Fund for Broadband Infrastructure
$10 Billion Treasury Program Makes Available $100 Million+ for Each State – But States Need to Apply For It
Over the past several months, broadband policymakers, advocates, and service providers have focused primarily on two main developments in the world of broadband infrastructure funding:
- American Rescue Plan Act (ARPA) funds that are already available to
…
Treasury Final Rule Significantly Expands Permitted Use of ARPA Funds for Broadband Infrastructure Projects
The Treasury Department has issued its Final Rule regarding the use of Coronavirus State and Local Fiscal Recovery Funds (SLFRF) established under the American Rescue Plan Act (ARPA). The Final Rule significantly expands ARPA recipients’ flexibility to use the funds for broadband infrastructure projects.
Under the Interim Final Rule, eligible broadband infrastructure investments were limited…
An Overview of Broadband Provisions in the Infrastructure Bill (as of July 30, 2021)
On Wednesday, July 28, the U.S. Senate voted to move forward on a bipartisan infrastructure bill (the “Infrastructure Investment and Jobs Act”) that includes $65 billion to support broadband deployment and adoption. While a variety of procedural and political hurdles remain, we are cautiously optimistic about its prospects for enactment.
This blog entry highlights some…
Broadband Support Opportunities for State and Local Governments Under the American Rescue Plan Act of 2021
President Biden has now signed the American Rescue Plan Act of 2021 (H.R 1319, “Act”) into law. As many are aware, the $1.9 trillion package includes $7.17 billion for an Emergency Connectivity Fund to enable remote learning, for which the FCC is to issue rules within 60 days of the Act’s enactment. This blog entry…
State Net Neutrality Laws May Lead to Federal Legislation
A federal court decision last week will allow California to enforce its own net neutrality rules. As other states follow suit, the desire for a more uniform approach could lead to federal legislation clarifying the scope of FCC regulatory authority over broadband Internet access service.
On February 23, Judge John Mendez of the U.S. District…
Broadband Funding Opportunities in the COVID-19 Relief Act
Enacted on December 27, 2020 as part of the Consolidated Appropriations Act of 2021, the Coronavirus Response and Relief Supplemental Appropriations Act (“Act”) establishes or re-appropriates a number of significant broadband-related support programs. Reflecting the urgency of the COVID-19 situation, the Act calls for unusually prompt implementation by the administering agencies. For example, solicitations of…