Keller & Heckman

Under the Broadband Equity, Access, and Deployment Restructuring Policy Notice issued by the National Telecommunications and Information Administration on June 6, state and territory broadband offices must rescind all preliminary and provisional BEAD awards made under the prior rules and must, in very short order, run a single competitive round with a strong preference for providers that promise to provide 100Mbps/20 Mbps service for the least amount of BEAD funding support. Crucially, the Policy Notice puts LEO satellite and unlicensed fixed wireless on the same footing as end-to-end fiber

On January 16, 2025, the Federal Communications Commission (FCC) closed out Jessica Rosenworcel’s term as Chairwoman by releasing a Notice of Proposed Rulemaking (NPRM) seeking to expand the use of the 896-901/935-940 MHz band for broadband use. The NPRM builds on the FCC's 2019 rulemaking, which created a 3/3 MHz broadband allocation at 897.5-900.5/936.5-939.5 MHz and established a process for clearing narrowband incumbents from the band. Of note, the FCC asks whether to lift or modify the ongoing narrowband licensing freeze for the 900 MHz band.

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.