Sean Stokes

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 Federal Communications Commission (FCC). After the decision in Loper Bright Enterprises v. Raimondo, it will be easier to challenge and overturn agency decisions, and federal agencies will be more hesitant to adopt new regulations absent clear Congressional direction.

Broadband partnerships have emerged as an attractive option for deployment in many areas of the country. However, in order to be successful in developing a mutually beneficial Network Operating Agreement (NOA), the parties should keep the big-picture goals of the project in mind throughout the negotiations. A successful NOA will typically address the following ten core issues:

Since the Federal Communications Commission released its pre-production draft of its new Broadband Maps in November 2022, a wide range of public and private entities have asserted that the data is inaccurate and would result in significant misallocations of Broadband Equity, Access, and Deployment program funding if errors are not corrected. Several state and local government entities have raised concerns that a January 13 deadline does not provide sufficient time to submit challenges.

The Federal Communications Commission launched its Broadband Data Collection (BDC) program on June 30, 2022.

As discussed in Keller & Heckman's initial post in this series, the Federal Communications Commission is about to launch its new Broadband Data Collection (BDC) program.

The Federal Communications 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 basis. As discussed below, the initial filing window is between June 30, 2022, and September 1, 2022. Ensuring nationwide access to affordable high-speed broadband service is a national priority.

This Beyond Telecom Law Blog entry highlights the current rural broadband funding opportunity presented by the $1.15 billion “ReConnect” program administered by the US Department of Agriculture’s (USDA) Rural Utilities Service (RUS). Under the Funding Opportunity Announcement for its third round of Reconnect funding (ReConnect III), the RUS will be awarding loans and grants to construct, improve, or acquire facilities needed to provide broadband service to rural areas.

The United States must act aggressively to meet two core broadband challenges. One is to ensure that all Americans have affordable access to the Internet at levels sufficient to enable them to participate fully in modern life. The other is to ensure that all of America’s communities obtain the advanced communications capabilities they will need to survive and thrive in the increasingly competitive global economy.

On August 2, 2018, the Federal Communications Commission adopted a Third Report and Order (Third R&O) and Declaratory Ruling in its on-going wireline and wireless infrastructure proceedings aimed at removing barriers to broadband deployment. In the Third R&O the FCC significantly revised its rules and regulations governing the pole attachment “make-ready” process, including the establishment of a one-touch make-ready (OTMR) process.