The 2024 election cycle, one of the longest and most contentious in U.S. history, will culminate Election Day on November 5. However, many aspects of the election are expected to be close and uncertainty may reign for some...more
Just how broad is the scope of the False Claims Act (FCA)? That is the basic question posed in Wisconsin Bell, Inc. v. U.S. ex rel. Heath, No. 23-1127. Put more directly, the case addresses whether reimbursement requests...more
In July, the full U.S. Court of Appeals for the Fifth Circuit found the FCC’s Universal Service Fund (USF) to violate the Constitution in several ways. This decision reversed an earlier decision by a panel of the court...more
The U.S. Court of Appeals for the Fifth Circuit recently ruled in a closely divided 9-7 en banc decision that the Federal Communications Commission’s (FCC) method of funding the Universal Service Fund (USF) is an...more
RECENT NEWS - General - On March 2, 2024, in the School and Libraries docket, CC Docket No. 02-6, in the Emergency Connectivity Fund (ECF) Program docket, WC Docket No. 21-93, in the Contribution Methodology docket, WC...more
The Fifth and D.C. Circuit federal appellate courts are now poised to issue pivotal decisions in the ongoing litigation challenging the constitutionality of the FCC’s universal service support mechanisms. Their opinions will...more
Lifeline/ Affordable Connectivity Program (ACP) - On February 29, 2024, the FCC announced in a News Release the results of a survey of ACP participants. The survey found that 68% of respondents had inconsistent...more
General - • On August 24, 2023, the Wireline Competition Bureau (WCB) issued a Public Notice (DA 23-753) seeking nominations for six positions on the Board of Directors for the Universal Service Administrative Company...more
Lifeline / Affordable Connectivity Program (ACP) - On July 27, 2023, in an Order (DA 23-641), the Wireline Competition Bureau (WCB) sought comments on a petition from the Osage Nation seeking designation as an Eligible...more
The legal battles over the constitutionality of Universal Service Fund (USF) contributions continue as the U.S. Court of Appeals for the Fifth Circuit has granted a request for the full court to re-hear a challenge to the...more
General - On June 16, 2023, in a News Release, Chairwoman Rosenworcel announced the circulation of an order among Commissioners that would create the Enhanced Alternative Connect America Cost Model (A-CAM) program to...more
Lifeline / Affordable Connectivity Program (ACP) - On May 30, 2023, the Wireline Competition Bureau (WCB), in an Order (DA 23-460) on its own motion, granted a limited, one-time waiver to a number of Lifeline subscribers...more
While no one is likely to bemoan the Federal Communications Commission’s (FCC’s or Commission’s) May 30, 2023, Memorandum Opinion and Order (MO&O) to vacate the 2015 Forfeiture Policy Statement that had adopted a methodology...more
Lifeline / Affordable Connectivity Program (ACP) - • On April 28, 2023, Universal Service Administrative Company (USAC) announced the annual recertification for Lifeline subscribers. Starting May 1, 2023, and continuing...more
General - On March 24, 2023, in Consumers’ Research v. FCC, the U.S. Court of Appeals for the Fifth Circuit issued a Decision (No. 22-60008) upholding the constitutionality of Congress’s delegation of administration of...more
In Consumers' Research v. FCC, the Universal Service Fund (USF) is under legal and constitutional attack in the Fifth Circuit. A decision striking the USF would have wide-ranging impacts on the telecommunications industry and...more
Each month, Kelley Drye’s Communications Group offers this reminder of upcoming filing deadlines that may affect our clients. The following are reminders for upcoming Federal Communications Commission (FCC) reports and...more
General - • On February 28, 2023, in the School and Libraries docket, CC Docket No. 02-6, and in the Contribution Methodology docket, WC Docket No. 06-122, the Wireline Competition Bureau (WCB) issued a Public Notice (DA...more
General - • On January 31, 2023, in the School and Libraries docket, CC Docket No. 02-6, in the Emergency Connectivity Fund (ECF) program docket, WC Docket No. 21-93, in the Rural Health Care (RHC) program docket, WC...more
General - • On December 23, 2022, FCC Chairwoman Rosenworcel named six members of the Board of Directors of the Universal Service Administrative Company (USAC) in a Public Notice (DA 22-1365....more
General - • On November 30, 2022, in the School and Libraries docket, CC Docket No. 02-6, in the Emergency Connectivity Fund, WC Docket No. 21-93, in the Contribution Methodology docket, WC Docket No. 06-122, and in the...more
General - • On October 31, 2022, in the School and Libraries docket, CC Docket No. 02-6, WC Docket No. 06-122, in the RHC Program docket, WC Docket No. 02-60, in the Connected Care Pilot Program docket, WC Docket No....more
General - • On September 30, 2022, the Office of Chairwoman Rosenworcel issued a statement on Hurricane Ian, describing http://www.fcc.gov/ian as the centralize location for FCC information relating to the hurricane....more
General - • Under the Infrastructure Investment and Jobs Act (Section 60104(c)), the Commission was required to issue a report to the Congress on the Future of the Universal Service Fund in August, 2022. On August 15,...more
Recent News - Upcoming Action - • Under the Infrastructure Investment and Jobs Act (Section 60104(c)), by the middle of August 2022 (270 days after the November 15th date of enactment), the FCC is required to issue a...more