* Net Neutrality
This issue has been previously addressed in ICORE Blog issues dated May 10, 2024 and June 13, 2024. When last discussed in the June 13, 2024 issue, we reported that the FCC’s April 25, 2024 Open Internet Order was challenged in multiple U.S. District Courts of Appeal and that those Motions had been consolidated at the U.S. Court of Appeals for the Sixth Circuit. Further, we reported that the FCC had filed a Motion seeking to have the consolidated cases transferred to U.S. Court of Appeals for the D.C. Circuit. In the ensuing weeks a flurry of activity has occurred at the Sixth Circuit as interested Parties have made extensive filings regarding the multiple Motions filed seeking a stay of the Open Internet Order and the FCC’s Motion to transfer the proceedings to the D.C. Circuit Court of Appeals. On June 28, 2024, the Sixth Circuit denied the FCC’s Motion to transfer the consolidated cases to the D.C. Circuit. As such, the consolidated cases seeking a stay of the Open Internet Order remain with the Sixth Circuit. Subsequent to this ruling, on July 12, 2024, the Sixth Circuit issued a temporary stay of the FCC’s Open Internet Order until August 5, 2024 to allow the Court sufficient opportunity to to consider the merits of the consolidated petitions for a stay of the FCC’s Order. Finally, on August 1, 2024, the Sixth Circuit issued an Order staying the FCC’s Open Internet Order pending further review and issued a schedule for oral argument and the filing of briefs in the case. The schedule extends the proceedings into the September/October 2024 timeframe.
Affordable Connectivity Plan (ACP)
In the June 13, 2024 edition of the ICORE Blog we reported that there was continued interest in Congress to provide funding to revive the ACP. That interest has continued with recent activity in both the U.S. House of Representatives and Senate. In the House, the Secure and Affordable Broadband Extension Act would provide an additional $6 billion for the ACP and $3 billion for the Secure and Trusted Communications Networks Reimbursement Program. In the Senate, the Plan for Broadband Act would provide $7 billion dollars for the ACP and $3 billion for the Secure and Trusted Communications Networks Reimbursement Program. These Bills are not yet enacted but provide hope that these valuable programs will receive the funding they need to be continued.
EA-CAM Deployment Obligations
On August 1, 2024, members of the Broadband ACAM Broadband Coalition (Coalition) met with the FCC to discuss the EA-CAM Broadband Deployment schedule. Per the EA-CAM Order (Order), carriers electing to participate in the EA-CAM program are required to deliver 100/20 broadband service to 100% of required locations by the end of 2028. In establishing the deployment milestones, the FCC specifically sought to align EA-CAM deployment with the BEAD program and the Order stated that the FCC would consider a one-year extension of the deployment timeline in 2027. In its comments to the Commission the Coalition urged the Commission to to address an extension of the 2028 deployment milestone before 2027 and pointed out the final deployments under BEAD are not expected to occur until 2030. The Coalition concluded that resetting the EA-CAM deployment milestones to the end of 2030 would ensure that EA-CAM and BEAD deployment milestones would in fact be aligned.
We will continue to follow these important issues and will provide updates as more information becomes available.
