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
Telecom Policy
DISH Calls Foul on T-Mobile’s Plans for 800 MHz Spectrum
In 2019, the U.S. Department of Justice and the states of Kansas, Nebraska, Ohio, Oklahoma, and South Dakota brought a civil antitrust suit opposing the merger of T-Mobile and Sprint. According to the lawsuit, consolidating nationwide carriers from four to three would reduce competition to an unacceptable degree, ultimately harming consumers. To resolve the complaint,…
Open Internet Rules
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…
NTIA Adopts Programmatic Waiver of Letter of Credit Requirement for BEAD Funding
The National Telecommunications and Information Administration (“NTIA”) has adopted a “Programmatic Waiver” of its letter of credit (“LOC”) requirement for subgrantees of funding under the $42.5 billion Broadband Equity, Access and Deployment (“BEAD”) program created by the Infrastructure and Investment Job Act (“IIJA”). This is big news for small and mid-size public and private entities…
Little-Known Drone Radio Compliance Requirement Subject of FCC Rulemaking
Drones, or unmanned aerial vehicles (UAVs), are experiencing rapid growth throughout the world. In the United States, the FAA expects the recreational UAV fleet to reach almost 1.5 million units by 2024. Significant growth is also expected in commercial drones used for safety, delivery, and service operations, with the number of such aircraft expected to…
FCC Proposes New NG911 Rules
Last week, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (NPRM) to help facilitate the nationwide transition to Next Generation 911 (NG911). The Commission will vote on this NPRM at its Open Meeting on June 8th.
Background
In October 2021, the National Association of State 911 Administrators …
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
…
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…