Keller & Heckman
US Treasury Releases Final Version of SLFRF/CPF Supplemental Broadband Guidance
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.
Ten Key Issues for Broadband Network Operating Agreements
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:
US Department of the Treasury Proposes Important New Guidance for Broadband Projects
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:
The Timing of the Challenge Process to the FCC’s Broadband Map Under Increasing Scrutiny
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.
Overview of the FCC’s Broadband Data Collection Resources
The Federal Communications Commission launched its Broadband Data Collection (BDC) program on June 30, 2022.
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 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.
The Who, What, When, and Where of the FCC’s New Broadband Data Collection
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 FCC’s New Broadband Data Collection is About to Launch
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.
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 “safe harbor” from taxation for certain broadband grants (specifically, BTOP and BIP grants, in 2010), doing so now could be more challenging due to statutory changes adopted as part of the 2017 Tax Cuts and Jobs Act.