Communications and Technology Alert: September Open Meeting Agenda; Accelerated Transition to All-IP Telephone Networks; COVID Connectivity Program Repayments; SCOTUS Grants Stay and Review of FTC Commissioner Firing [Volume XXII, Issue 39]
Communications and Technology Regulatory Recap: NG911 Reliability Rules
Keller and Heckman LLP’s Communications and Technology Practice continues its series of webinar updates regarding recent changes in leadership, policy, and regulations in the communications industry. For this week’s Regulatory Recap, Partner Wes Wright (wright@khlaw.com; 202.434.4239) provides a refresh of the Commission’s 911 Reliability Rules, as well as highlighting proposed changes, such as expanding the definition of a covered 911 service provider, updating reliability standards, introducing interoperability requirements and information sharing with state and local authorities, as well as Commission oversight measures.
Commission Finalizes September Open Meeting Agenda
Last week, the Commission issued a public notice detailing the six items it will consider at the September 30th Open Meeting. The agenda includes two items seeking comment on whether state and local laws are acting as barriers to infrastructure deployment. One is a Notice of Inquiry (NOI) into the effect of such rules on wireline infrastructure deployment and the other is a Notice of Proposed Rulemaking (NPRM) on removing barriers to wireless infrastructure deployments. The Commission will also consider an item that would remove regulatory barriers that currently prohibit the use of jamming devices in correctional facilities, an NPRM on whether the commission should retain, modify, or eliminate any broadcast ownership rules, and a Direct Final Rule in the In re: Delete, Delete, Delete proceeding that would remove 400 primarily wireline related rules. Finally, the Commission will consider two items related to the use of E-Rate fund for the provision of Wi-Fi for offsite school uses. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Commission Urged to Accelerate Transition to All-IP Telephone Networks
In a meeting and letter last week, Bandwidth Inc. told the Commission that the lack of a holistic regulatory framework for the transition to interconnection via IP has led to Incumbent Local Exchange Carriers (ILECs) rebuffing efforts by Bandwidth and others to implement their IP-based networks. Bandwidth argues the ILECs actions are undermining the large investments Bandwidth is making into the IP transition. Bandwidth advocated for new rules that would require local carriers to accelerate their transition to IP interconnection. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Commission Demands Return of $1.18 million in EEB and ACP COVID-Era Funding
Last Tuesday, the Commission issued a press release demanding the repayment of $1.18 million dollars in overpayments under COVID-era connectivity programs from Boomerang Wireless and Assist Wireless. The Commission stated that the providers had participated in the Emergency Broadband Benefit Program (EBB) and Affordable Connectivity Program (ACP), which permitted reimbursements for devices provided to households, up to their market value. However, Boomerang and Assist submitted reimbursement claims exceeding the market price for eligible devices, resulting in overpayments under the programs. The Commission stated the companies have 30 days to repay the full amount to the U.S. Treasury. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
SCOTUS Grants Stay of District Court Injunction Firing FTC Commissioner
Last Monday, the Supreme Court of the United States issued an unsigned order granting a stay of a District Court for the District of Columbia injunction preventing the firing of FTC Commissioner Rebecca Kelly Slaughter, while also stating it would review the case. The Order stated the Court would entertain the question of whether the precedent of Humphrey’s Executor, which found that the executive branch does not have authority to remove a commissioner performing “quasi-judicial” or “quasi-legislative” functions, could be overturned. Additionally, the Court will consider whether a federal court can prevent such removal through equitable relief or by law. Justice Kagan, along with Justices Sotomayor and Jackson, dissented to granting the stay, stating that it provides the President with “unlimited removal power” despite current precedent. 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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