On October 18, 2024, the FCC adopted an Eighth Report and Order in its 4.9 GHz band proceeding. The new rules will permit a yet-to-be-selected Band Manager to be eligible for a nationwide license in the band, overlaying the licenses of incumbent public safety licensees. The Band Manager will be authorized to enter sharing agreements
Broadband
What ISPs Need to Know About the FCC’s Title II / Open Internet Order
On May 7, 2024, the FCC released a Declaratory Ruling reclassifying “broadband Internet access service” (“BIAS”) as a “telecommunications service” subject to the jurisdiction of the FCC under Title II of the Communications Act. It was accompanied by an Order removing BIAS from most Title II regulations and a Report and Order applying a set…
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…
Treasury Proposes Important New Guidance for SLFRF/CPF Broadband Projects
On March 28, 2023, the Treasury Department issued and invited comments on proposed compliance guidance applicable to broadband projects funded through SLFRF[1] or CPF[2] awards (“Proposed Guidance”).
The Proposed Guidance addresses a variety of important questions relating to the use of SLFRF and CPF funds for broadband projects, including:
- The crucial distinction between
…
With Billions of Dollars of Broadband Funding at Stake, the Timing of the Challenge Process to the FCC’s Broadband Map Under Increasing Scrutiny
Just over a month ago, the FCC released its pre-production draft of its new Broadband Maps. The initial map is based on service availability data collected from broadband providers through the ongoing Broadband Data Collection (“BDC”) and reflects services available[1] as of June 30, 2022.[2]
The release of the Broadband Map initiated…
Overview of the FCC’s Broadband Data Collection Bulk Fabric Challenge Process
The Federal Communications Commission (“FCC” or “Commission”) completed its first Broadband Data Collection (“BDC”) on September 1, 2022.[1] The Commission is now accepting and evaluating bulk challenges to the FCC’s Broadband Serviceable Location Fabric (“Fabric”), which serves as the foundation for the FCC’s upcoming broadband data map. To ensure the most accurate broadband map…
Keller and Heckman’s Telecommunication’s Practice is the Only U.S. Law Practice to be Included in the Prestigious Fiber-To-The-Home Top 100
Keller and Heckman’s Telecommunication’s Practice continues to be the only law firm in the United States included in Broadband Communities Magazine’s esteemed 2022 Fiber-To-The-Home Top 100 list.
“My colleagues and I at Keller and Heckman are dedicated to providing counsel to a wide variety of organizations that are providing fiber optic infrastructure and services…
Overview of the FCC’s Broadband Data Collection Resources
The Federal Communications Commission (“FCC” or “Commission”) launched its Broadband Data Collection (“BDC”) program on June 30, 2022. As we have previously discussed in the first and second blog posts of our BDC series, all facilities-based providers of fixed and mobile broadband Internet access that have one or more end user connections in service are…
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…