Communications and Technology Alert: March Open Meeting Tentative Agenda; Network Modernization Report and Order; NTIA BEAD Decision Delayed; Wireless Providers Petition Fifth Circuit on Lifeline Reimbursement [Vol. XXIII, Issue 10]
Commission Announces Tentative Agenda for March Open Meeting
Last Thursday, Chairman Brendan Carr announced the tentative agenda for the March Open Commission Meeting, scheduled for Thursday, March 26th. The tentative agenda includes consideration of a Notice of Proposed Rulemaking (NPRM) addressing measures to facilitate onshoring of call centers, as well as an NPRM considering revisions to numbering policies to combat illegal robocalls. Additionally, the agenda calls for consideration of adopting five other rulemaking proceedings and orders, including a Report and Order streamlining the industry transition to next-generation, IP-based infrastructure. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Commission Releases Reducing Barriers to Network Improvements Report and Order
Last week, the Commission released a draft Report and Order (R&O) titled Reducing Barriers to Network Improvements and Service Changes Accelerating Network Modernization. This R&O would overhaul the Commission's rules that govern technology transition discontinuance applications under section 214 of the Communications Act. The goal of this item is to enable network modernization by replacing rules that require carriers to "divert precious resources to the maintenance of aging and deteriorating legacy networks that deliver outdated services to an ever-decreasing number of subscribers." Further, the new rules would preempt state and local requirements that would require carriers to continue legacy services in situations where the Commission's updated rules would not. This R&O follows a 2025 NPRM that sought comment on how to accelerate the transition from legacy networks to next-generation networks utilizing IP-based infrastructure. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
NTIA Delays Decision on BEAD Nondeployment Funding
Last week, the National Telecommunications and Information Administration (NTIA) announced that it is indefinitely delaying the decision on how to spend the excess $21 billion dollars that were saved due to changes to the program under the Trump Administration. Over the course of three recent listening sessions in which NTIA sought comment on how to spend these funds, over 175 speakers participated and 188 written comments were received. NTIA will now take "additional time to review the comments and finalize our approach to ensure these funds are spent as efficiently and responsibly as possible." For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
Wireless Providers Petition Commission Decision to Reject Lifeline Reimbursement Claims
Four wireless providers (Assist Wireless LLC, Boomerang Wireless LLC d/b/a enTouch Wireless, Easy Telephone Services Co. d/b/a/ Easy Wireless and i-Wireless, LLC d/b/a Access Wireless) filed a petition with the Fifth Circuit Court of Appeals requesting review of a Commission order rejecting requests to increase Lifeline Reimbursement claims. The wireless providers originally requested USAC account for subscribers who “on May 21, 2021, had not used their service for 30 days and did not cure than non-usage during a subsequent cure period” in their reimbursement claims, but were rejected. The Commission rejected the providers’ petitions for reconsideration of the USAC decisions as well. Upon appeal to the Fifth Circuit, the providers are claiming that the Commission’s reconsideration denial violated the “arbitrary and capricious” standard under Section 701 of the Administrative Procedure Act, and also violates federal law, including the Communications Act of 1934. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
To sign up for our weekly alert, please send us an email at CommTechLawAlert@khlaw.com and provide us with your name and email.