Communications and Technology Alert: BEAD Funding Map Bill; CALEA Declaratory Ruling and Petition for Reconsideration; ACA Letter on BEAD Ban on Rate Regulation; FCC 911 Working Group Research; USF Working Group Request for Comment [Volume XXII, Issue 31]

Communications and Technology Regulatory Recap: Universal Service Fund Reforms

Keller and Heckman LLP’s Communications and Technology Practice continues its series of webinar updates regarding recent changes in leadership, policy, and regulations in the communications industry. For this week’s Regulatory Recap, Partner Sean Stokes (stokes@khlaw.com; 202.434.4193) discusses the state of the Universal Service Fund, the recent SCOTUS ruling rejecting constitutional challenges under the nondelegation doctrine, and legislative reform efforts.  

Senators Introduce Bill to Review BEAD Map 

Last week, Senators Fischer (R-Neb.) and Cortez Masto (D-Nev.) introduced the Modernization, Accountability, and Planning (MAP) for Broadband Funding Act. The bill seeks to improve the broadband funding map in order to promote the most efficient use of federal funds for broadband deployment. It would require the FCC to issue a Notice of Inquiry into how to optimize the functionality of the map and would also require the Government Accountability Office to study the quality of the existing map. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).

Trade Groups File Letter Criticizing CALEA Interpretations

In an ex-parte letter released last Monday, USTelecom, CTIA and NCTA disclosed that they met with the FCC’s Office of General Counsel to discuss the January 2025 Declaratory Ruling regarding the Communications Assistance for Law Enforcement Act (“CALEA”) which affirmed, under Section 105 of the Communications Act, that “telecommunications carriers” have the obligation to secure their networks from unlawful access or intercepted communications. The groups urged the Commission to adopt their Petition for Reconsideration, which would rescind the Declaratory Ruling. The Petition argues that the Declaratory Ruling imposes ambiguous cybersecurity requirements on carriers, while also violating the Administrative Procedure Act (APA) by not providing a notice and comment period beforehand. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).

ACA Sends Letter to NTIA Requesting Restrictions on Rate Regulation

Last Monday, ACA Connects sent a letter to NTIA Administrator Arielle Roth commending NTIA on approving the restructured BEAD bidding process for subgrantees under the Restructuring Notice (“Notice”) issued last month. ACA Connects also approved of the Notice’s prohibition on States regulating broadband rates and prices charged by subgrantees, and recommended this prohibition be extended to all BEAD funding and the broadband marketplace at large. Furthermore, the ACA requested that NTIA consider not permitting waivers to the prohibition on rate regulation, regardless of the context of the BEAD deployment. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).  

FCC 911 Working Group Assigned Additional Research

Last week, the FCC released a Public Notice updating the 911 related research of the Communications Security, Reliability, and Interoperability Council. In addition to its existing charge, to research the impact and limitations of emerging alternatives to calling 911, the Public Notice tasks the Council with studying PSAPs' needs with regards to processing new 911 class of service categories. The FCC anticipates a second report on these topics in March of 2026. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).

Sen. Fischer Announces Senate USF Working Group Request for Comment

Last Friday, Senator Deb Fischer (R-Neb.) announced that the Universal Service Fund (USF) Working Group, composed of bipartisan members of the Telecommunications and Media Subcommittee, launched a request for public comment regarding future USF reforms. The Working Group wants to hear from stakeholders across all industries and is seeking input regarding the current operations of the USF, especially considering the Supreme Court’s recent decision in FCC v. Consumers Research. Public input can be submitted via an online form on Sen. Fischer’s website, and all comments are due by September 15th, 2025 at 11:59PM ET. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193). 

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