Local governments committed to supporting their citizens most adversely impacted by the COVID-19 pandemic should be encouraging the broadband providers serving their communities to take the necessary steps in the next several weeks to establish eligibility to participate in the $3.2 billion Emergency Broadband Benefit Program. This Program is administered by the Federal Communications

C. Douglas Jarrett
Senior Counsel at Keller and Heckman LLP
Washington, DC
Nearing a Tipping Point on USF Contribution Reform?
The 31.8% Universal Service Fund (USF) contribution factor for 1st Quarter 2021 and the ascendency of broadband to that of an essential service for our Nation’s citizens during the Covid-19 pandemic may prove to be the tipping point on USF contribution reform. The multi-year funding commitments under several USF-funded programs underscore the need for…
A Lawyer’s Guide to Enterprise Telecommunications Services Agreements—Part 2
This is the second entry in our series on enterprise telecommunications services agreements, providing a framework for addressing the customer’s interests and risks in enterprise telecommunications services agreements.
While each carrier’s standard agreement is different, these agreements have three core components:
- The carrier’s standard policies and rules applicable to its services
- The legal terms and
…
A Lawyer’s Guide to Enterprise Telecommunications Services Agreements—Part 1
This is the first entry of a two-part series on the services agreements that major enterprises enter into with telecommunications carriers to meet company-wide telecommunications requirements, providing connectivity between enterprise locations, and to cloud resources, suppliers and customers, public voice networks, and the World Wide Web. These agreements may encompass domestic services, services between the…
A New White House, a New FCC
The transition to the Biden Administration will impact all agencies and departments in the Federal Government. This entry provides insights into the ongoing work at the Federal Communications Commission (FCC) during its transition to a new, yet unnamed, Democratic Chair and a majority of Democratic Commissioners.
Most headline actions by the FCC are taken at…
A Fresh Look at Enterprise Telecom (and Broadband) Procurements in 2020
Trends Impacting Wireline Procurements
The preeminence of cloud computing warrants a “fresh look” at wide-area network design, particularly for enterprises considering wide-area network procurements. Enterprises have an important network design choice: either (i) maintain the current MPLS-based design with its uniform security policies, substantial traffic backhaul, and site-based defined routing, or (ii) migrate to one…
The Essential 21st Century MDU Amenity—Highspeed Broadband Service
MDU developers and owners know they are on the frontline of the broadband revolution. During the pandemic, working from home with expansive use of online conferencing is the new normal. With school starting across the country, online learning will place more demands on local broadband networks. E-commerce is booming as owners can attest by virtue…
FCC’s Rural Digital Opportunity Fund, Better Broadband Mapping – Two More Reverse Auctions
In a draft Notice of Proposed Rulemaking (NPRM) released on July 11, 2019 (scheduled to be adopted at the FCC’s August 1, 2019 Open Meeting), the FCC proposes to make $20.4 billion available under the Rural Digital Opportunity Fund (RDOF) through two multi-round, descending clock auctions, largely following the bidding rules of the CAF II…
FCC Preempts San Francisco’s Article 52 and Seeks Input on MDU Triple Play Agreements, DAS Arrangements, and Rooftop Leases
On July 10, 2019, the FCC adopted a Notice of Proposed Rulemaking (NPRM) and Declaratory Ruling that focuses on access and marketing agreements for fixed broadband, video, and voice services (Triple Play Agreements) negotiated by cable companies, telcos, other fixed broadband services providers and developers, and owners of multiple dwelling units (MDUs).
The NPRM also…
Emerging Rural and Municipal Network Operators – Don’t Overlook Enterprise Connectivity Opportunities
Several weeks ago, Zayo announced that it had agreed to be acquired by private equity firms Digital Colony and EQT. Over several years, Zayo had expanded its network footprint significantly through network buildouts and a series of acquisitions. Interestingly, EQT recently completed its acquisition of regional fiber network operator Lumos Networks. In another May 2019…