Telecom Alert: USF Waivers; Lifeline Services for Hurricane Survivors; 6 GHz Proposal; BEAD Initial Approvals; USF Contribution Writ of Certiorari [Volume XXI, Issue 41]

FCC Grants USF Waivers After Hurricane Helene

In the wake of Hurricane Helene, the FCC’s Wireline Competition Bureau granted waivers for the Universal Service Fund contributors in affected areas. The waivers extend filing deadlines for Form 499-Q revisions until January 2, 2025. The Commission also waived filing deadlines related to its E-rate program and other federal grant programs, as well as document retention requirements. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).

FCC Provides Lifeline Program Services to Hurricane Survivors

FCC Chairwoman Rosenworcel announced the Commission is temporarily waiving some eligibility requirements for its Lifeline program to ensure consumers affected by Hurricane Helene have access to discounted broadband and phone services. The Lifeline program provides discounted fixed or mobile voice or broadband Internet access services to low-income individuals The FCC’s waiver expands the program to include those receiving aid through FEMA’s Individuals and Households Program (IHP) to bolster storm mitigation and restoration efforts on the ground. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).

FCC Announces Proposed Rules for 6 GHz Band

FCC Chairwoman Rosenworcel announced a proposed Report and Order which would expand the 6 GHz band to unlicensed very low power (VLP) devices across 350 megahertz of spectrum. If adopted, unlicensed VLP operators would not be required to operate under an automatic frequency coordination system and would have no geographic restrictions. To reduce the risk of interference to incumbents the FCC’s proposal would prohibit the use of unlicensed VLP devices as part of fixed outdoor infrastructure and the devices would be required to implement power controls. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).

Three States Receive BEAD Initial Approval

Last week, Arkansas, North Carolina, and California received NTIA approval of its Volume I and II Initial Proposals for the Broadband Equity, Access, and Deployment (BEAD) program. BEAD funding will be used to enhance and expand high-speed Internet access across the country, supporting infrastructure, mapping, and outreach projects. All 56 eligible jurisdictions have submitted initial proposals, and each jurisdiction has one year from approval of its initial proposal to submit a final proposal. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).

FCC Files Writ of Certiorari to Review USF Contribution Decision

The FCC filed a petition for a writ of certiorari with the United States Supreme Court to review the Fifth Circuit’s decision to grant Consumers’ Research’s petition for review of their 2022 first quarter universal service contribution factor. The FCC is questioning whether Congress violated the nondelegation doctrine by improperly authorizing the Commission to determine provider contributions, as well as using the Commission’s Administrator to compute contribution rates. Alternatively, the FCC claims that the Court should wait to decide the current case until it has completed its review of the Seventh Circuit’s decision in an E-Rate case regarding some potentially relevant issues. For more information, please contact Eric Gotting (gotting@khlaw.com; 202.434.4269) or Jim Baller (baller@khlaw.com; 202.434.4175). 

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