Blog

On November 9, 2023 the National Telecommunications and Information Agency (NTIA) released an updated Frequently Asked Questions (FAQs) clarifying the use of Citizens Band Radio Service (CBRS) spectrum and the $42.5 billion Broadband Equity, Access, and Deployment (BEAD) program.  Under the NTIA'...

On November 1, 2023, the National Telecommunications and Information Agency (NTIA) released a Programmatic Waiver loosening several aspects of the subgrantee letter of credit requirements to participate in the $42.5 billion Broadband Equity, Access, and Deployment (BEAD) program.  The waiver is w...

At its next monthly meeting, scheduled for October 19, 2023, the FCC will consider a Notice of Proposed Rulemaking (WC Docket No. 23-320) to reestablish its authority over broadband Internet access service (BIAS) by classifying it as a telecommunications service subject to regulation under Title ...

On August 3, 2023, the Federal Communications Commission adopted a Sixth Report and Order reforming the Affordable Connectivity Program (ACP) rules to provide for an enhanced benefit of up to $75 per month for broadband services to eligible households located in high-cost areas.  To receive the b...

The Federal Communications Commission recently released a Notice of Inquiry (WT Docket No. 23-232) seeking comment on whether and how the FCC should improve its understanding of spectrum usage by FCC licensees and others subject to FCC jurisdiction. Comments on the NOI are due October 3, 2023, and reply comments are due November 2, 2023.

On June 26, 2023, the U.S. National Telecommunications Information Agency (NTIA) announced the allocation of $42.45 billion among the fifty states, the District of Columbia, and five U.S. territories, for infrastructure projects to deliver broadband to unserved and underserved communities under t...

Federal Communications Commission rules required all facilities-based providers of fixed and mobile mass-market retail 25/3 Mbps broadband Internet access service to file by September 1, 2022 data in the Broadband Data Collection (BDC) system of locations that are or could have been served by the...

Federal Communications Commission (FCC) rules require all facilities-based providers of fixed and mobile mass-market retail broadband Internet access with at least one end user service connection to file broadband availability data in the Broadband Data Collection (BDC) system by September 1, 202...

The FCC adopted rules prohibiting providers from entering into enforcing two types of revenue sharing agreements -- graduated revenue sharing agreements and exclusive marketing arrangements -- with MTE owners that amount to de facto exclusive access agreements and require providers to disclose the existence of exclusive marketing arrangements. The FCC also clarified that existing cable inside wiring rules prohibit “sale-and-leaseback” arrangements.

The U.S. Department of Agriculture (USDA) announced that applications will be accepted starting on November 24, 2021 for over $1 billion of grants and loans under its Rural Development Broadband ReConnect program. The application window will close February 22, 2022. Reconnect funding is availabl...

President Biden on Tuesday signed the Infrastructure Investment and Jobs Act (H.R. 3684), a historic bipartisan infrastructure bill passed by Congress earlier this month. The Act will provide unprecedented funds to support broadband deployment and  middle-mile funding. In particular, the Act mak...

The FCC released a Public Notice asking interested parties to update the record on practices in MTEs that could limit competition or deployment, including (1) revenue sharing agreements; (2) exclusive wiring arrangements, including sale-and-leaseback arrangements; and (3) exclusive marketing arrangements.

Many state governments are rolling out aggressive broadband grant programs designed to incent ISPs to build out networks in rural, unserved, and underserved areas. These programs will complement existing federal funding programs. State broadband grant programs include: Ohio Residential Broadb...

On July 14, 2021, the FCC released a Third Report and Order (“Third R&O”) adopting revised rules for the Secure and Trusted Communications Networks Reimbursement Program, aka “rip and replace” (“Program”). The Third R&O implements part of the 2021 Consolidated Appropriations Act, which appropriat...

President Biden on July 9, 2021 issued an Executive Order establishing a “whole-of-government” framework to coordinate Federal government efforts to address overconcentration, monopolization, and unfair competition affecting the U.S. economy. Policies. The Order finds that industry consolidation...

The Federal Communications Commission last week adopted a Report and Order updating its equipment rules to allow more radiofrequency devices to be imported prior to equipment authorization for pre-sale activities, and to expand the scope of conditional sales contracts prior to equipment authoriza...

The FCC announced procedures and key dates for Auction 110, which will offer ten 10 MHz licenses in each of 411 Partial Economic Areas (PEAs) in the contiguous 48 states and the District of Columbia, covering the 3450-3550 MHz band, for a total of 4,060 mid-band spectrum licenses. A single licens...

The FCC, by a 3-1 vote, last week granted a request to stay a rule that would allow a single statewide licensee in each state (“State Lessor”) to lease some or all of its 4.9 GHz spectrum rights to third parties, regardless of whether or not they are engaged in public safety operations, as the ru...

On May 19, 2021, the National Telecommunications and Information Administration (NTIA) released a Notice of Funding Opportunity regarding the availability of grants under the $288 million Broadband Infrastructure Program (BIP) to support the build out of broadband network infrastructure in rural ...

The FCC this week released a Public Notice seeking comment on the potential impacts of a continuing global shortage of semiconductor chips on the U.S. communications industry and on FCC initiatives. Specific questions on which the FCC seeks input include the extent to which the shortage has spre...

On April 1, 2021, the U.S. Supreme Court issued a unanimous opinion in FCC v. Prometheus Radio Project, 141 S.Ct. 1150 (2021), affirming the FCC's deregulation of certain media ownership restrictions. The decision affirms the deference owed to FCC decision making, including its reliance on predic...

The Federal Communications Commission recently adopted rules implementing the Beat CHINA for 5G Act, enacted in December 2020, which requires the FCC, by December 31, 2021, to begin an auction for new licenses authorizing flexible use of the 3.45 GHz (3450-3550 MHz) band. The new rules establish...

The American Rescue Plan Act of 2021 (ARPA) signed by President Biden on March 11, 2021 provides $7,171,000,00.00 for an Emergency Connectivity Fund (ECF) to assist schools and libraries to bridge the “Homework Gap” during the COVID-19 pandemic. Qualifying schools and libraries may obtain fundin...

On February 25, 2021, the FCC approved a Report and Order setting rules for the Emergency Broadband Benefit (EBB) Program  to disburse $3.2 billion to service providers that furnish discounted broadband service and devices to low-income and Tribal area households.  Congress established this progr...

The Federal Communications Commission last week announced that it has established GN Docket No. 21-63, Promoting the Deployment of 5G Open Access Radio Networks (ORAN), and released a draft Notice of Inquiry that the Commission will vote on at its March 3, 2021 monthly meeting. The Notice of Inq...