Telecom Alert: SCOTUS NEPA Decision; CSRIC IX Meeting; Congressional Rural Broadband Caucus, Organizations Advocate for Preserving E-Rate Hotspot Funding; 12.7 GHz and 42 GHz Satellite Spectrum FNPRM [Volume XXII, Issue 22]
Supreme Court Rules in NEPA Case
Last week, the Supreme Court unanimously ruled in Seven County Infrastructure Coalition v. Eagle County, Colorado that courts should defer to agencies about fact and policy-based assessments of the environmental impact of actions under the scope of the National Environmental Policy Act (NEPA). The ruling reversed a D.C. Circuit decision that the U.S. Surface Transportation Board had failed to consider upstream and downstream projects when reviewing an environmental impact statement (EIS) for a railroad project. Last year, the Supreme Court ruled in Loper Bright Enterprises v. Raimondo that courts should not generally defer to an agency's interpretation of a statute. Here, the Court distinguished by emphasizing that when an agency exercises discretion explicitly granted to it by statute, courts should determine whether an agency action "was reasonable and reasonably explained." For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202-434-4271).
FCC Announces Fifth Meeting of CSRIC IX
The FCC announced in a Public Notice last Thursday that it would convening the fifth meeting of the Communications Security, Reliability and Interoperability Council IX (CSRIC IX). CSRIC is tasked with providing the Commission with recommendations addressing the efficacy of public safety and homeland security communication matters, including natural disaster responses and the deployment of secure NG911 services across the country. CSRIC IX has devised three working groups focusing on (1) leveraging artificial intelligence and machine learning, (2) increasing consumer access to 911 services, and (3) preparations for secure 6G deployments. The first two working groups listed will present reports to the membership for deliberation and a vote. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202-434-4271).
House Members Announce Relaunch of Congressional Rural Broadband Caucus
A bipartisan cohort of members of the House of Representatives, including co-chairs Rob Wittman (R-VA), Dave Taylor (R-OH), Angie Craig (D-MN), James E. Clyburn (D-SC), Bob Latta (R-OH), and Teresa Leger Fernandez (D-NM), have relaunched the Congressional Rural Broadband Caucus. The caucus, which was first formed in 2016, has announced they will continue to advocate for closer public-private partnerships to deploy essential broadband services to underserved areas, while addressing inaccuracies in broadband maps assessing coverage gaps. Co-chairs of both parties have also cited prioritizing delivery of high-speed connectivity to students taking online classes, as well as farmers and small businesses in rural communities which consistently lag behind technological advances. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).
National and State Organizations Urge Lawmakers to Preserve E-Rate Wi-Fi Hotspot Funding
Last week, dozens of national and state organizations collectively filed a letter with the House of Representatives requesting they reject the portion of the Congressional Review Act resolutions removing funding for wireless internet hotspot devices in schools and libraries across the country. The groups cited the extensive support at the local and state level for expanding hotspot connections to increase online connectivity and keep children and adult students engaged with classwork and off-campus programs. Additionally, the groups cited a plethora of benefits from library deployments, including increasing access to telehealth, financial education, and job seeking opportunities. While the Senate has passed S.J. Res 7 which overturned the FCC’s order, the groups stated the House still has the opportunity to reverse course and preserve the E-rate funding. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).
FCC Releases FNPRM on Satellite Spectrum Availability
Last week, the FCC formally released a Further Notice of Proposed Rulemaking (FNPRM) that seeks comment on making more than 20,000 megahertz of spectrum available for broadband connectivity from satellites. The proposal identifies the 12.7-13.25 GHz, 42.0-42.5 GHz, 51.4-52.4 GHz bands, as well as the sections of the W-band including 92.0-94.0 GHz, 94.1-100 GHz, 102.0-109.5 GHz, and 111.8-114.25 GHz. The 12 GHz and 42 GHz bands are both the subject of recent NPRMs that sought comment on use of the bands for terrestrial wireless. The Commission also sought comment on what degree of protection from interference should be afforded to incumbents, or whether they should be relocated out of the band entirely. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202-434-4271).
To sign up for our weekly alert, please send us an email at telecomalert@khlaw.com and provide us with your name and email.