Telecom Alert: Tribal Updates to E-Rate Program; Railroads Challenge VA Crossing Law; BEAD Challenge Process Guidance; ECF Funding [Vol. XX, Issue 28]

Tribal Updates to E-Rate Program

The FCC will consider a Report and Order and Further Notice of Proposed Rulemaking at its Open Meeting on July 20 proposing rules that would enhance Tribal communities’ access to the E-Rate program.  If adopted, the Report and Order would allow Tribal college and university libraries that serve as public libraries in their communities to apply for and receive E-Rate support.  It would also clarify the definition of “Tribal” and add a Tribal community representative on the Universal Service Administrative Company (“USAC”) Board of Directors.  For more information, please contact Sean Stokes (stokes@khlaw.com; 202.434.4193).

Railroads Challenge Virginia Broadband Crossing Law

The Associate of American Railroads (“AAR”) filed a complaint in the Eastern District of Virginia on June 23 challenging a Virginia law that allows broadband service providers to cross the works of a railroad company under certain circumstances at a “minimal cost.”  The new law (SB1029) permits broadband service providers, if it deems it necessary, to cross the works of a railroad company including its tracks, bridges, facilities, and all rights of way or easements to construct its systems.  It also limits the crossing fees to $2,000 per crossing and requires ISPs to reimburse railroad companies no more than $5,000 for expenses.  The AAR claims that the law constitutes an unjust taking and seeks a ruling that it is unenforceable.  For more information, please contact Jim Baller (baller@khlaw.com; 202.434.4175).

BEAD Challenge Process Guidance Released

The National Telecommunications and Information Administration (“NTIA”) released its final guidance for the Broadband Equity, Access, and Deployment (“BEAD”) program’s state challenge process on June 28 to help states and territories design and implement their BEAD challenge processes.  Under the program’s rules, a unit of local government, nonprofit organization, or service provider may challenge whether a location or community anchor institution is eligible for BEAD funding, including whether it is unserved or underserved.  The challenge process must include four phases: (1) publication of eligible locations; (2) challenge; (3) rebuttal; and (4) final determination.  For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186).

ECF Funding

The FCC announced that it is committing nearly $29 million in a new funding round through the Emergency Connectivity Fund Program (the “Program”).  The commitment will support applications from the third application window and will support approximately 65,000 students in states including California, Idaho, Illinois, Massachusetts, Michigan, Maryland, Pennsylvania, and South Dakota.  To date, the Program has provided support to roughly 11,000 schools, 1,050 libraries, and 120 consortia.  For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186).

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