Communications and Technology Alert: Commission Notice on Partial Lapse in Funding; Nondeployment BEAD Funding; 900 MHz Band Report and Order; Foreign Adversary Control Reporting Report and Order [Vol. XXIII, Issue 5]
Commission Announces Plan for Partial Lapse in Government Funding
On January 30th, the Commission released a Public Notice preemptively providing guidelines for the agency’s operations in the event of a partial lapse in federal government funding after January 30th, 11:59 PM EST. Unlike the previous federal government shutdown, the Commission stated that they will “continue normal operations until further notice” and all public-facing filing systems and databases will remain operational. The Commission will issue an additional Public Notice if the agency decides to suspend normal operations and implement a Plan for Orderly Shutdown. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
NTIA Seeks Comment on Nondeployment BEAD Funding
Last week, the National Telecommunications and Information Administration (NTIA) announced it would be hosting a listening session on the guidance that NTIA should provide to states in dispersing nondeployment funds for alternative uses for BEAD funding that could help accelerate the rollout of BEAD infrastructure. NTIA’s announcement describes the leftover funds as having been “saved through the Trump Administration and Secretary Lutnick’s Benefit of the Bargain reforms.” Those wishing to participate in the listening session must register on the event page, comments may also be submitted by email to broadbandgrants@ntia.gov. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
Commission Releases Draft 900 MHz Band Relicensing Report and Order
Last week, the Commission announced draft rules that would allow for rebanding the full 10 MHz of the 900 MHz Band (896–901/935–940 MHz), from a narrowband allocation to a broadband allocation. The Report and Order (R&O) follows the 2020 3/3 900 MHz R&O which made six of the 10 MHz available for broadband and allowed for compulsory relocation of incumbent users. The newly announced R&O would continue to allow mandatory relocation in the previously rebanded 3/3 MHz portion of the band, but not for the full 5/5 MHz except in limited situations. The R&O would largely apply the technical rules that currently govern the 3/3 MHz portion of the band to the new 5/5 MHz broadband licenses. The Commission framed the new rules as facilitating increased "spectrum access by utilities, critical infrastructure, and other enterprises for private wireless broadband deployments that drive innovation and stimulate the American economy.” The Commission will vote on the new rules at the February 18th Open Meeting. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Commission Releases Foreign Adversary Control Report and Order
On January 30th, the Commission released a Report and Order (R&O) adopting new foreign ownership and control disclosure requirements for Commission license, permit, and authorization holders. While disclosure reporting requirements are tailored to the individual license or authorization being sought, the R&O requires all entities that certify foreign adversary control to disclose information including equity and voting interests five percent or greater, the identity of the foreign adversary country, and the nature of the ownership or control. The R&O also establishes a streamlined reporting system and filing deadlines that will go into effect 60 days after the adoption of a Commission Public Notice announcing the launch of the system. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
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