Even before taking office, incoming members of the Trump Administration and some Republican members of Congress criticized various regulatory requirements in the $42.5 billion BEAD program as being unnecessarily burdensome and contributing to a perceived slow rollout of BEAD funding. The Commerce Department and Congress have now begun efforts to streamline and reform the BEAD
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Broadband Grants Are Still Taxable Income. Will the Broadband Grant Tax Treatment Act Finally Fix It?
By Casey Lide
In March 2022, we published a blog post explaining that broadband grants are apparently subject to federal income taxation. Three years later, and with $42.5 billion in BEAD grants on the verge of disbursement, nothing has changed.
As discussed in 2022, the taxability of broadband grants seems to be an unplanned quirk of the 2017…
FCC Proposes Increased Broadband Availability in the 900 MHz Band
On January 16, 2025, the FCC closed out Jessica Rosenworcel’s term as Chairwoman by releasing a Notice of Proposed Rulemaking (“NPRM”) seeking to expand the use of the 896-901/935-940 MHz (“900 MHz”) band for broadband use. The NPRM builds on the Commission’s 2019 rulemaking, which created a 3/3 MHz broadband allocation at 897.5-900.5/936.5-939.5 MHz and…
FCC Responds to Cybersecurity Threats with CALEA Ruling
By Casey Lide
Earlier this month, in the waning days of Jessica Rosenworcel’s tenure as Chair of the Democrat-led FCC, the FCC released a Declaratory Ruling concluding that Section 105 of the Communications Assistance for Law Enforcement Act (CALEA) requires telecommunications carriers to secure their networks from unlawful access and interception of communications. Effectively, the FCC determined that…
FCC Adopts 4.9 GHz Band Order
On October 18, 2024, the FCC adopted an Eighth Report and Order in its 4.9 GHz band proceeding. The new rules will permit a yet-to-be-selected Band Manager to be eligible for a nationwide license in the band, overlaying the licenses of incumbent public safety licensees. The Band Manager will be authorized to enter sharing agreements…
FCC’s NG911 Transition Rules
Over the summer, the FCC adopted the first nationwide Next Generation 911 (“NG911”) transition rules to define the responsibilities and set deadlines for originating service providers (“OSPs”) to implement NG911 capabilities and deliver 911 calls to NG911 systems. The final rules were published in the Federal Register on September 24, 2024.
Triggering the Transition. The…
FCC Proposes Tweaks to its CBRS Rules
Last month, the FCC issued a Notice of Proposed Rulemaking (“NPRM”) that could revise the agency’s Citizens Broadband Radio Service (“CBRS”) rules in the 3.5 GHz band. The objective of the proposed changes is to better protect incumbent federal users and improve the rules for both Priority Access License (“PAL”) holders and General Authorized Access (“GAA”)…
The End of Chevron Deference for Agency Decisions: Potential Implications for Telecommunications Policy
By Sean A. Stokes & Casey Lide
The Supreme Court in a 6-3 vote overturned the landmark decision in Chevron v. Natural Resources Defense Council, sharply limiting the authority of federal administrative agencies, including the FCC.[1] After the decision in Loper Bright Enterprises v. Raimondo,[2] it will be easier to challenge and overturn agency decisions, and federal agencies will be…
DISH Calls Foul on T-Mobile’s Plans for 800 MHz Spectrum
In 2019, the U.S. Department of Justice and the states of Kansas, Nebraska, Ohio, Oklahoma, and South Dakota brought a civil antitrust suit opposing the merger of T-Mobile and Sprint. According to the lawsuit, consolidating nationwide carriers from four to three would reduce competition to an unacceptable degree, ultimately harming consumers. To resolve the complaint,…
Open Internet Rules
On May 7, 2024, the FCC released a Declaratory Ruling reclassifying “broadband Internet access service” (“BIAS”) as a “telecommunications service” subject to the jurisdiction of the FCC under Title II of the Communications Act. It was accompanied by an Order removing BIAS from most Title II regulations, and a Report and Order applying a set…