Telecom Alert: USF Oral Arguments; NG911 Reliability FNPRM; GPS Alternatives NOI; NEPA Petition; USF Vetting Bill [Volume XXII, Issue 13]

Supreme Court Hears USF Arguments

Last Wednesday, The Supreme Court heard oral arguments from litigants over the constitutionality of the Universal Service Fund, a multibillion-dollar subsidy program which expands phone and broadband access to low-income households, as well as increasing availability of services to schools, libraries, and rural health care facilities. Justice Alito inquired whether the Court should assess whether Congress properly instructed the Commission in managing the fund’s disbursements, including approving actions made by the Universal Service Administrative Co. (USAC), reflecting desires to revisit the nondelegation doctrine. On the other hand, Justice Sotomayor urged caution in overturning the doctrine and the “intelligible principle” tests, which only requires Congress to establish guardrails for the Commission. The Court also discussed the “tax versus fee” distinction, and whether an unconstitutional ruling against the USF would jeopardize other programs which use similar language to raise revenues. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).

FCC Adopts NG911 Reliability FNPRM

During the Commission’s March Open Meeting, the Commission adopted a Further Notice of Proposed Rulemaking (FNPRM) seeking comment on rule changes to existing NG911 transition protocols to ensure the security of public safety networks. The rulemaking is specifically requesting comments on updates to reliability standards for all providers handling critical 911 traffic, including delivery to NG911 delivery points, as well as revising interoperability requirements. Additionally, the Commission is proposing covered 911 service providers certify their reliability and interoperability functions with state and local 911 authorities. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202-434-4271).

FCC Adopts NOI for GPS Alternatives

During the Commission’s March Open Meeting, the Commission adopted a Notice of Inquiry (NOI) requesting public comment on position, navigation, and timing (PNT) alternatives to the legacy Global Positioning System (GPS) currently serving as the backbone for critical infrastructure and national security interests. The NOI will field inquiries not only on complementary systems to GPS, but direct alternatives through the allocation of non-Federal use of spectrum. In addition to seeking comment on the types of supported station for PNT operations, the Commission is seeking general input on technical considerations, including interoperability, power levels, end-user infrastructure and equipment, and geographic scope. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202-434-4271).

CTIA Files NEPA Petition for Rulemaking

Last Thursday, CTIA filed a petition with the Commission requesting updates to the implementation of the National Environmental Policy Act (NEPA), specifically asking the Commission to remove requirements for reviews of individual facilities within a broad geographic-area license. CTIA’s petition follows Chairman Carr’s efforts to streamline the environmental review process within the Commission, as well as one of the Trump Administration’s earlier executive order (EO 14154) which directed agencies to eliminate delays in respective permitting processes across all agencies. The Administration’s executive order has since been followed by an interim final rule issued by the White house Council on Environmental Quality, which instructs the removal of regulations implementing NEPA from the CFR. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202-434-4271).

House Reps Introduce USF Vetting Bill

Rep. Erin Houchin (R-IN) introduced a bill last week to require the Commission to establish a vetting process for applicants looking to secure high-cost Universal Service Fund (USF) support. The bill is co-sponsored by Rep. Robin Kelly (D-DE) and has been referred to the House Energy and Commerce Committee. The introduction of this bill comes as the Universal Service Fund comes under scrutiny in federal courts, as well as other members of Congress asking for more transparency and accountability across all federal funding programs. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).

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