Keller & Heckman

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.

On May 7, 2024, the Federal Communications Commission 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 of Open Internet rules to BIAS providers.

The US Treasury Department has released the final version of important compliance guidance applicable to broadband projects funded through the State and Local Fiscal Recovery Fund (SLFRF) or Capital Project Fund (CPF) awards.

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:

On March 28, 2023, the Treasury Department issued and invited comments on proposed compliance guidance applicable to broadband projects funded through Coronavirus State and Local Fiscal Recovery Fund (SLFRF) or Capital Projects Fund (CPF) awards. The Proposed Guidance addresses a variety of important questions relating to the use of SLFRF and CPF funds for broadband projects, including:

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.

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 US Easement issues are a significant concern for many of them. Utilities have easement agreements with private property owners that allow the utility to install poles and run wires across a strip of property.

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.