The Department of Housing and Urban Development and the FCC have released a set of proposals that could enhance public housing residents’ access to broadband services. In a three-part series of BB&K Legal Alerts, we have examined these proposals — and local governments’ role in bringing about access to these services.

“FCC’s Lifeline Order” notes the most dramatic change in the FCC’s Lifeline Broadband program for expanding Universal Service through a subsidy for broadband. And it highlights an important and yet potentially overlooked part of the Order: Establishing residency in public housing as an eligibility criteria for Lifeline. In addition, the proposed Order provides a potentially compensated role for public housing authorities as aggregators.

“HUD Proposes Two New Rules on Broadband Infrastructure and Consolidated Planning” explores two Notices of Proposed Rulemaking by HUD that include mandates for local governments. One would require installation of broadband infrastructure in any new construction or substantial rehabilitation of multi-family HUD-funded rental housing. The other obligates local governments to evaluate broadband access and risks associated with natural hazards to services in low- and moderate-income households. Comments on these proposals are due July 18.

“E-Rate Program Exposed Expansion” examines the FCC’s proposal to expand the eligibility criteria for E-Rate subsidies to entities such as local governments that either have their own fiber or have the right to use fiber by means of an indefeasible right of use, or IRU. Comments are due July 5 and reply comments are due July 20.

BB&K is forming a coalition of local governments and municipalities to submit comments. To learn more, contact Gerard Lederer at Gerard.Lederer@bbklaw.com or Drew Clark at Drew.Clark@bbklaw.com.

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