Communications and Technology Alert: NWCC Filing Deadline Extension Request; Fifth Circuit Grants Stay of USF Challenge; Copper Network Transition NPRM Comments; CBAN Bulletin Against BEAD Rule [Vol. XXII, Issue 45]
Wireless Advocacy Group Requests Broad Post-Shutdown Filing Deadlines Extension
Last week, the National Wireless Communications Council (NWCC) filed an extension request with the Commission for filings and fee payments that will come due after the government re-opens. Under the Commission’s September 30th Public Notice detailing the impact of the government shutdown, most deadlines that come due during the shutdown will be extended until the day after normal operations resume. NWCC’s filing requests an additional fifteen days to meet deadlines, citing that many public-facing systems that are necessary for preparing licenses have been down since the government shutdown began and will face a large backlog of filings. NWCC believes this backlog will overwhelm the Commission’s systems if the one-day deadline remains in place. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Fifth Circuit Grants Stay of Additional Challenge to USF Contribution Mechanism
The Fifth Circuit Court of Appeals granted a request from the Commission to stay a challenge of the Universal Service Fund (USF) contribution mechanism, brought by Consumers’ Research. The request specifically moved for the Fifth Circuit to pause proceedings until fourteen days after Congress restores funding for the federal government. Consumers’ Research had filed a petition for review with the Fifth Circuit on October 1st, reviving its constitutional claims against the USF contribution mechanism under the nondelegation doctrine, as well as new violations under the Government Corporation Control Act. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Industry Associations Comment Support for Copper Retirement NPRM
In July, the Commission adopted a Notice of Proposed Rulemaking (NPRM) requesting input on retiring legacy copper networks to facilitate the transition to modern IP-based infrastructure. In particular, the NPRM proposed revisions to the Commission’s network change disclosure rules and Section 214(a) discontinuance processes. Commentors such as the Information Technology & Innovation Foundation (ITIF) and American Consumer Institute (ACI) have generally approved of removing the disclosure rules, citing them as outdated given most of the communications market has already transitioned away from copper networks. Additionally, commentors cited that copper-based network requirements were impeding innovations and improvements to rural connectivity and 911 systems. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Broadband Advocates Argue Against New NTIA BEAD Rule
Last week, the Community Broadband Action Network (CBAN) published a bulletin pushing back against the National Telecommunications and Information Administration (NTIA) Administrator Arielle Roth's announcement at a Hudson institute speech that BEAD grant recipients will need to "certify in writing that they will not require or take additional federal subsidies —including operational subsidies—to complete or operate their BEAD projects." CBAN argues that the new rule undermines Congressional intent for BEAD to work in conjunction with other federal programs. Further, they argue that Roth's framing of the rule as a backstop against "dependency" on federal programs is misguided because the funding is going to locations where the populations are so small that an ISP’s revenue cannot independently support the deployment and operation of internet infrastructure. In a statement to Broadband Breakfast, the NTIA clarified that BEAD winners will be permitted to continue to receive operational subsidies for non-BEAD funded project. 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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