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Telecom Alert: NTIA Releases BEAD Program Guidance; FCC Proposes DIRS Rule Changes; FCC Proposes 70/80/90 GHz Rule Changes; BDC Filing Window Open [Vol. XXI, Issue 2]

NTIA Releases BEAD Program Guidance

The National Telecommunications and Information Administration (“NTIA”) released Broadband Equity, Access, and Deployment (“BEAD”) Program guidance for provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”).  The Uniform Guidance allows for retention of program income without restriction, including for profit, “in the case of subawards whose major purpose is a broadband infrastructure project.”  It also provides that eligible entities may issue fixed amount subawards in similar cases.  The Uniform Guidance states that the Federal interest in all real property and equipment related to such projects will continue for 10 years.  For more information, please contact Casey Lide (; 202.434.4186).

FCC Proposes DIRS Rule Changes

The FCC released the proposed text of its Second Report and Order relating to the Commission’s rules concerning disruptions to communications.  If adopted, the rules would require cable, wireline, wireless, and interconnected Voice over Internet Protocol (“VoIP”) providers to report in the Disaster Information Reporting System (“DIRS”) daily when DIRS is activated in their service area.  The Commission seeks to close a purported information gap created by the current voluntary nature of the DIRS system during emergency responses.  For more information, please contact Wes Wright (; 202.434.4239).

FCC Proposes 70/80/90 GHz Rule Changes

The FCC released the proposed text of its Report and Order relating to modernizing and expanding access to the 70/80/90 GHz bands.  If adopted, the rules would allow point-to-point links to endpoints in motion in the 70 and 80 GHz bands in both the aeronautical and maritime spaces.  It would also adopt a channelization plan recommended by the International Telecommunication Union (“ITU”) and facilitate the use of the 70 and 80 GHz bands for backhaul.  Finally, the proposed rules would require link construction certification in the link registration system.  For more information, please contact Wes Wright (; 202.434.4239).

BDC Filing Window Open

The Broadband Data Collection (“BDC”) filing window is now open, and facilities-based broadband providers and providers of fixed voice services must submit broadband availability and subscription data no later than March 1, 2024.  The data must reflect up-to-date information as of December 31, 2023.  All data must be submitted in the Commission’s BDC system, and it is recommended that filers submit data as soon as possible so they can address problems with their data submissions before the deadline.  For more information, please contact Sean Stokes (; 202.434.4193).

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