Insights: Broadband Legal Strategies Blog

On November 13, 2023, the Federal Communications Commission (Commission) released a Notice of Proposed Rulemaking (NPRM) proposing to create a Schools and Libraries Cybersecurity Pilot Program. 

On November 8, 2023, the Federal Communications Commission issued a Notice of Proposed Rulemaking (NPRM) to allow schools and libraries to apply for funding from the E-rate program for Wi-Fi hotspots and wireless Internet access services that can be used off-premises.

The Wireline Competition Bureau released an order on November 9, 2023, extending the deadline for comments on the addition of services and equipment needed to use Wi-Fi service on school buses to the funding year (FY) 2024 eligible services list. 

On October 25, 2023, the Federal Communications Commission (Commission) issued a declaratory ruling clarifying that the use of Wi-Fi, or other similar access point technologies, on buses meets the definition of an educational purpose and is therefore eligible for E-rate funding. 

On October 20, 2023, the Federal Communications Commission (Commission) released a Notice of Proposed Rulemaking (NPRM) proposing to restore the framework of the Commission’s 2015 net neutrality rules, which classified broadband Internet access service as a telecommunications service and classified mobile broadband Internet access service as a commercial mobile service.

On October 10, 2023, the Commission released a public notice announcing dates for providers to begin displaying broadband consumer labels in compliance with the Broadband Label Order:

• April 10, 2024 for service providers with more than 100,000 subscribers
• October 10, 2024 for service providers with 100,000 or fewer subscribers

USAC will open the E-rate administrative window on October 24, 2023.

The Federal Communications Commission’s Wireline Competition Bureau (Bureau) released the Funding Year 2024 E-rate Eligible Services List (ESL) on September 12, 2023. 

At its October monthly meeting, the FCC plans to vote on a declaratory ruling clarifying that school bus Wi-Fi is eligible for E-rate funding. 

Pursuant to FCC Order 19-78, all Healthcare Connect Fund (HCF) participants, both individual and consortia, must submit an annual report to USAC using the provided Excel template.  

The Federal Communications Commission (Commission) released a public notice on August 28, 2023, announcing that the regulatory fee payments are due on September 20, 2023. 

The Wireline Competition Burean (WCB) granted T-Mobile USA, Inc.’s petition for waiver of the Emergency Connectivity Fund (ECF) program invoice deadline on August 14, 2023. 

On July 28, 2023, Sens. Ben Ray Luján (D-N.M.) and John Thune (R-S.D.), co-chairs of the Universal Service Fund (USF) Working Group, announced that the public can submit comments to the working group on the following USF questions:

On July 25, 2023, Chairwoman Jessica Rosenworcel announced that she shared an updated Notice of Inquiry (NOI) with her colleagues which will begin the Commission’s evaluation of the state of broadband across the country, specifically addressing affordability, adoption, availability, and equitable access.

The E-rate Tribal Library Order and Further Notice of Proposed Rulemaking was adopted by the Commission on July 20, 2023 during its open meeting.

On March 29, 2023, USAC estimated the demand for E-rate services at $2.944 billion for Funding Year 2023.  This estimate includes $1.658 billion for Category 1 services and $1.286 billion for Category 2 services. 

On March 23, 2023, the Order on Reconsideration, Second Report and Order, Order, and Second Further Notice of Proposed Rulemaking for the USF Rural Health Care program was published in the Federal Register.  The Federal Register publication set the comment cycle for the Further Notice: comments are due on April 24, 2023 and reply comments are due on May 22, 2023. 

On March 20, 2023, the FCC’s Wireline Competition Bureau granted a request filed by the Navajo Tribal Utility Authority Wireless, LLC (NTUAW) seeking waiver of the invoice filing deadline rule under the Rural Health Care Program’s Telecom Program for funding year 2020.  Broadband Legal Strategies represented NTUAW in this proceeding. 

On February 16, 2023, the Wireline Competition Bureau issued a Notice of Proposed Rulemaking in the Schools and Libraries E-rate program regarding improvements to the E-rate program for Tribal applicants. 

In a Public Notice released March 14, 2023, the FCC announced that the proposed Universal Service Fund (USF) contribution factor for the second quarter of 2023 will be 29.0 percent.  This is a decrease from the contribution factor of 32.6 percent for the first quarter of 2023.

On March 8, 2023, the Wireline Competition Bureau (Bureau) issued an Order extending the close of the Rural Health Care Program Funding Year 2023 filing window to May 1, 2023.

On February 16, 2023, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking (NPRM). 

On February 8, 2023, the Wireline Competition Bureau (Bureau) issued an Order granting petitions for reconsideration filed by school districts that had mistakenly filed their appeals with the Commission first, instead of with USAC as required by the rules. 

The Commission issued a public notice on Feb. 1, 2023, to remind telecommunications carriers and interconnected VoIP providers of their obligation to file their annual certification documenting compliance with the Customer Proprietary Network Information rules by March 1, 2023.  The bureau also provided FAQs, a CPNI certification template and text of the CPNI rules.

The FCC Form 499-A is due on April 1, 2023.  It will be available in E-File on March 1, 2023. 

The Wireline Competition Bureau released a Public Notice seeking comment on numerous requests that the Commission allow E-rate funds to be used to support advanced or next-generation firewalls and other network security equipment and services.