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
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