Last week, the Federal Communications Commission (“FCC” or “Commission”) announced the approval of seven 6 GHz band Automated Frequency Coordination (“AFC”) systems. The approved systems include offerings from Qualcomm Incorporated, Federated Wireless, Inc., Sony Group Corporation, Comsearch, the Wi-Fi Alliance Services Corporation, the Wireless Broadband Alliance, Inc., and Broadcom Inc. Background In 2020, the FCC adopted a Report and Order opening portions of the 6 GHz band for expanded unlicensed operations. Under Commission rules, standard-power access points and fixed client devices ..read more

The National Telecommunications and Information Administration (“NTIA”) has adopted a “Programmatic Waiver” of its letter of credit (“LOC”) requirement for subgrantees of funding under the $42.5 billion Broadband Equity, Access and Deployment (“BEAD”) program created by the Infrastructure and Investment Job Act (“IIJA”). This is big news for small and mid-size public and private entities that might not otherwise have been able to meet the LOC requirements. Background The NTIA adopted the LOC requirement in its Notice of Funding Opportunity (“NOFO”), establishing regulations for allocation and ..read more

Drones, or unmanned aerial vehicles (UAVs), are experiencing rapid growth throughout the world. In the United States, the FAA expects the recreational UAV fleet to reach almost 1.5 million units by 2024. Significant growth is also expected in commercial drones used for safety, delivery, and service operations, with the number of such aircraft expected to approximately double in the next year. UAVs will bring innovations across a variety of sectors, including critical infrastructure, public safety, agriculture, and delivery of consumer goods and services. In January, the Federal Communications ..read more

Last week, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (NPRM) to help facilitate the nationwide transition to Next Generation 911 (NG911). The Commission will vote on this NPRM at its Open Meeting on June 8th. Background In October 2021, the National Association of State 911 Administrators (NASNA) filed a Petition for Rulemaking; Alternatively, Petition for Notice of Inquiry (NASNA Petition) with the FCC asking the Commission to take a more active role in regulating NG911 deployments throughout the country. In par ..read more

The Treasury Department has released the final version of important compliance guidance applicable to broadband projects funded through SLFRF or CPF awards. The “SLFRF and CPF Supplemental Broadband Guidance” (“Guidance”) addresses several crucial issues relating to the use of SLFRF and CPF funds for broadband projects, including the crucial distinction of ISPs acting as “contractors” vs. “subrecipients,” the treatment of “program income,” the scope of the Federal interest in grant-funded property, procurement requirements, and other issues. The final Guidance includes several notable and very ..read more

On March 28, 2023, the Treasury Department issued and invited comments on proposed compliance guidance applicable to broadband projects funded through SLFRF[1] or CPF[2] awards (“Proposed Guidance”). The Proposed Guidance addresses a variety of important questions relating to the use of SLFRF and CPF funds for broadband projects, including: The crucial distinction between ISPs acting as “contractors” vs. “subrecipients”; The proper treatment of ISP revenue as “program income”; How ISPs can obtain title to grant-funded infrastructure; The scope of the Federal Interest in grant-funded property ..read more

On March 9, 2023, Keller and Heckman attorneys Greg Kunkle, Casey Lide, and Jason Chun presented a webinar titled “Navigating the FCC’s Universal Service Program: Compliance Requirements for Service Providers.” The FCC’s Universal Service Fund (USF) program is one of the most significant regulatory issues faced by service providers. The USF assessment amount is substantial and penalties for non-compliance can be severe. Providers should ensure they understand their USF obligations at every stage of their business. The webinar provided background on USF principles and an overview of key items o ..read more

Just over a month ago, the FCC released its pre-production draft of its new Broadband Maps. The initial map is based on service availability data collected from broadband providers through the ongoing Broadband Data Collection (“BDC”) and reflects services available[1] as of June 30, 2022.[2] The release of the Broadband Map initiated a process for individuals and other entities to submit challenges to the accuracy of data for single locations, both in terms of the availability of service and serviceable locations.[3] The FCC has released guidance on how to submit an Availability Challenge and ..read more

The Federal Communications Commission (“FCC” or “Commission”) completed its first Broadband Data Collection (“BDC”) on September 1, 2022.[1] The Commission is now accepting and evaluating bulk challenges to the FCC’s Broadband Serviceable Location Fabric (“Fabric”), which serves as the foundation for the FCC’s upcoming broadband data map. To ensure the most accurate broadband map possible, service providers, state and local governments, and other entities are strongly encouraged to submit data in the BDC system pointing out any mistakes found in the Fabric. Challenge Process Background Current ..read more

Earlier this month, the FCC announced that its 2022 911 Reliability Certification System is now open for Covered 911 Service Providers to file annual reliability certifications.  The filings are due on October 17, 2022.  Failure to submit the certification may result in FCC enforcement action. Background In 2013, the FCC adopted rules aimed at improving the reliability and redundancy of the nation’s 911 network.  Those rules require Covered 911 Service Providers (“C9SP”) to take steps that promote reliable 911 service with respect to three network elements: circuit auditing, cen ..read more