Communications and Technology Alert: DISH EBBP and ACP Settlement; Verizon NG911 Waiver Proceeding; Eighth Circuit Digital Discrimination Rules Ruling; FCC Covered List Exemptions [Vol. XXIII, Issue 19]
DISH Enters Settlement Agreement for EBBP and ACP Violations
Last Wednesday, The Department of Justice announced that DISH Wireless LLC (DISH) entered into a Settlement Agreement in which DISH agreed to pay $17,280,420 for violations of the False Claims Act, common law, and the Communications Act of 1934. Specifically, DISH’s payments will resolve civil claims regarding the submission of false and fraudulent claims to the Commission’s Emergency Broadband Benefits Program (EBBP) and successor program, the Affordable Connectivity Program (ACP). According to the Settlement Agreement, DISH failed to properly supervise third-party sales agents conducting USAC enrollments, overreported customer eligibility, and submitted false information to receive program funding. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Comments Filed in Verizon-Massachusetts NG911 Waiver Proceeding
Last Monday (May 4, 2026) was the deadline for comments to be filed in response to the FCC's Public Notice seeking comment on "Verizon Petition for Waiver of Next Generation 911 (NG911) Phase 1 Deadlines" (PS Docket Nos. 21-479, 25-143 ). The Massachusetts State 911 Department filled comments in opposition, countering Verizon's claim that technical difficulties that arose during testing are the primary reason that waiver is necessary. Rather, the State 911 Department stated it was Verizon's decision to rely upon third-party aggregators, instead of directly connecting to the State’s Designated Delivery Points, which has led to Verizon's inability to meet the Phase 1 standards. Two parties, CTIA and USTelecom, filed comments in support of Verizon’s petition, echoing the petition’s claim that the complexity of implementing NG911 as the primary reason the Commission should set a precedent of granting these types of waivers. Reply comments are due May 11th. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239).
Eighth Circuit Strikes Down Commission’s Digital Discrimination Rules
Last Tuesday, the Eighth Circuit ruled that the Commission’s rules prohibiting digital discrimination with regards to broadband internet access service exceed their statutory authority. According to the Court, the Commission’s rules imposed liability for actions resulting in “disparate impact” and applied this liability to entities which were not directly providing broadband access, which exceeded their statutory authority. Supporters of the rules claimed it was a necessary means to curb bias in broadband deployments, while Chairman Brendan Carr stated that the court’s decision would remove illegal regulations and help streamline the Commission’s objective of bridging the digital divide. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
Commission Exempts Foreign Equipment from the Covered List
Last Wednesday, the Commission removed a number of drone manufacturer Air6 System GmbH’s equipment, as well as Calix, Inc.'s 7u6.2 router, from the Covered List. The Secure and Trusted Communications Networks Act of 2019 requires the Commission maintain a "Covered List" of equipment and service providers that “pose an unacceptable risk to the national security of the United States or the security and safety of United States persons.” In recent months, the Commission added all foreign-made Unmanned Aerial Vehicles (UAVs) and UAV components as well as foreign-manufactured routers to the covered list. After completing the Department of War and Department of Homeland Security approval process, the devices listed above were officially removed from the Commission’s Covered List. 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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