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
Telecom Policy
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…
The Who, What, When, and Where of the FCC’s New Broadband Data Collection


As discussed in our initial post in this series, the FCC is about to launch its new Broadband Data Collection (“BDC”) program. Starting this summer, all facilities-based providers of fixed and mobile broadband Internet access services will be required to submit broadband data on a biannual basis.
In this post, we delve into the who,…
The FCC’s New Broadband Data Collection is About to Launch


The Federal Communications Commission (“FCC” or “Commission”) is poised to implement a comprehensive overhaul of its existing broadband data mapping and collection process with a new Broadband Data Collection (“BDC”) program. Under the BDC, all facilities-based providers of fixed and mobile broadband Internet access services will be required to submit broadband data on a biannual…
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…
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
…
The Digital Equity Act
Part 6 of the Keller and Heckman Infrastructure Act Blog Series
This is our 6th entry in our blog series on the major provisions of the Infrastructure Investment and Jobs Act (“the IIJA” or “the Act”). Previous blog entries examined the $42.45 billion Broadband Equity Access and Deployment (BEAD) Program, the $1 billion Middle Mile…
Key Cybersecurity Provisions in the Infrastructure Investment and Jobs Act
Part 5 of the Keller and Heckman Infrastructure Act Blog Series
This is the fifth in Keller and Heckman’s series of posts pertaining to the new Infrastructure Investment and Jobs Act (H.R. 3684) (“the IIJA” or “the Act”), which was signed into law on November 15, 2021. Our first few posts examined the $42.45 billion…
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…