Telecom Alert: USF Oral Arguments; Senate Auction Authority Hearing; 5.9 GHz Band Public Notice; Network Equipment Transparency Act [Vol. XXII, Issue 7]
Supreme Court to Hear Oral Arguments on USF Next Month
The Supreme Court of the United States (SCOTUS) is scheduled to hear oral arguments addressing the constitutionality of the Federal Universal Service Fund on March 26th. Previously, the Fifth Circuit Court of Appeals ruled that the combination of the FCC’s collection of USF contributions and subsequent delegation of the management of the funding program to the Universal Service Administrative Company (USAC) was unconstitutional, despite the FCC arguing that Congress had established “intelligible principles” and USAC was only conducting administrative functions. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).
Senate Announces Hearing on Auction Authority
The Senate Committee on Commerce, Science and Transportation announced a full committee hearing will convene on February 19th to address the Commission’s lapse in auction authority, and its impact on the increasing demand for spectrum acquisitions across all services. Sen. Ted Cruz (R-TX) announced ahead of the hearing that the Committee intends to address the economic and national security consequences that have arisen as a result of the lack of a cohesive spectrum auction strategy. The committee will hear from distinguished professors in economics and engineering, as well as subject-matter experts in strategic technology policy. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202-434-4271).
WTB and PSHSB Issue 5.9 GHz Band Public Notice
The Wireless Telecommunications Bureau (WTB) and Public Safety and Homeland Security Bureau (PSHSB) have issued a Public Notice to provide guidance on the new C-V2X-based rules becoming effective on February 11, 2025. The new rules permit ITS licensees operating DSRC technologies on the upper 30 MHz portion of the 5.9 GHz band to transition to more advanced C-V2X operations, while opening applications for new ITS licenses for the purposes of registering C-V2X operations. The notice provides instructions on how to file new C-V2X applications or modify existing licenses on ULS through Form 601 Schedule M, among other requirements. The notice also institutes a limited waiver of automatic termination for those licensees who failed to comply with the earlier Transition Requirement in 2022. For more information, please contact Tim Doughty (doughty@khlaw.com; 202-434-4271) or Greg Kunkle (kunkle@khlaw.com; 202.434.4178).
Hickenlooper Reintroduces Network Equipment Transparency Act
Sen. John Hickenlooper (D-CO) has reintroduced the Network Equipment Transparency Act (NETA) which directs the FCC to evaluate the impact of supply chain disruption on the deployment of federal broadband programs, including universal service. The Act further instructs the FCC to include their findings in its annual Section 706 Report, which surveys national advanced telecommunications deployments. The bill was introduced last Congress, and has been referred to the Senate Commerce Committee for consideration. 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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