Communications and Technology Alert: NG911 Funding Bill; GAO Requires Congressional Review of BEAD Program; BDC Filing Window Opens; AWS-3 Auction Date [Vol. XXII, Issue 51]
NG911 Funding Bill Introduced
Last week, Senators Wicker (R-MI) and Capito (R-WV) introduced a bill to authorize states to use nondeployment funds from the Broadband Equity, Access, and Deployment (BEAD) Program for “competitive subgrants” to improve network resiliency, promote public safety, and achieve other national security goals. The SUCCESS for BEAD Act would allow funds to be used for a host of infrastructure projects, including next Generation 911 (NG911) implementations. The introduction of this bill in the Senate came on the heels of a House Communications and Technology Subcommittee hearing focused on the need to spur full nationwide deployment of NG911. The hearing focused on seven bills that address public safety issues, including the Next Generation 9-1-1 Act (H.R. 6505), which would establish an NG911 grant program at NTIA, a nationwide cybersecurity center, and an NG911 advisory board. For more information, please contact Wes Wright (202.434.4239; wright@khlaw.com).
GAO Requires NTIA to Submit BEAD Update to Congress for Approval
Last week, the Government Accountability Office (GAO) found that the NTIAs June 6th Policy Notice, which modified a variety of BEAD rules and procedures, triggered a Congressional Review Act (CRA) provision that requires Congressional review. The CRA requires agencies to submit a report to Congress and the Comptroller General if an action meets the statute's definition of a "rule." Congress is then given 60 days to review the agency action, during which they may reject the rule. The GAO's decision specifies that the BEAD Policy Notice may not take effect until it is submitted to Congress and the Comptroller General. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).
Commission Opens Eighth Broadband Data Collection Filing Window
Last week, the Broadband Data Task Force announced that the filing window for submitting broadband availability data to the Broadband Data Collection (BDC) system would open on January 2, 2026. The window will permit facilities-based broadband service providers to submit relevant mass-market BIAS data as of December 31, 2025. If an entity also provides fixed or mobile voice services, subscription data required as part of the Form 477 must also be submitted during the filing window. All filings must be submitted by March 2, 2026. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).
Commission Sets Date for AWS-3 Auction
Last week, the Commission announced that upcoming auction 200 AWS-3 licenses will begin on June 2, 2026. This will be the first auction held by the FCC since its auction authority lapsed in 2023. The Commission also finalized the procedures by which the auction will take place, including a "Clock-1" bidding format. Guidance on procedures and filing instructions are available on the Commission's Auction 113 webpage. 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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