While the BEAD Program continues to garner most of the attention when it comes to federal funding for broadband infrastructure deployment programs, in this blog we have consistently underscored that (1) there are other sources of funding available and (2) the BEAD Program may not be the best fit for every entity and project. The recent publication of the Notice of Funding Opportunity (NOFO) for the fifth round of the ReConnect Loan and Grant Program (the “ReConnect Program”) highlights the opportunities beyond the BEAD Program and the importance of investigating other opportunities. The application window for the ReConnect Program, which opens on March 22, 2024, was extended to May 21, 2024.
The European Commission Publishes a New Master Plan for Europe’s Digital Infrastructure
The European Commission’s white paper “How To Master Europe’s Digital Infrastructure Needs?” is different from any previous Commission’s proposal in this sector. It is a holistic overview of the opportunities and challenges facing the EU communications industry at the crossroads of a complex converged ecosystem. The Commission invites comments on its proposals through an open consultation until June 30, 2024.
White House Issues Executive Order to Strengthen Cybersecurity at US Ports
On February 21, 2024, the White House issued an executive order implementing various measures to bolster the security of US ports by expanding the US Coast Guard’s authority to regulate maritime cybersecurity, requiring the reporting of cyber incidents and investing in the US port critical infrastructure.
House Passes $78 Billion Tax Bill that Includes Affordable Housing Help
How long is something called a “crisis” before it just becomes the “new normal?” It is apparent there has been an affordable housing crisis in the United States for decades. One way that the federal government has addressed this is by motivating developers with the 9% Low Income Housing Tax Credit (the “9% LIHTC”) and the 4% Low Income Housing Tax Credit (the “4% LIHTC”) that a developer can receive for building a “qualified low-income building” described under Section 42 of the Internal Revenue Code of 1986, as amended (the “Code”).
The End of “Chevron” or Its Rebirth?
Fishermen in the small town of Cape May, New Jersey, are at the epicenter of a legal challenge that could reshape the landscape of agency authority. The fishermen are challenging the entrenched “Chevron” doctrine, which for years has afforded deference to government agencies with respect to reasonable interpretation of ambiguous statutes. Once again, the US Supreme Court (SCOTUS) is in the spotlight as it hears pivotal cases – Relentless v. Department of Commerce and Loper Bright Enterprises v. Raimondo, which may presage the dismantling of “Chevron”.
Fast Forward to 2024: Latest Developments in Broadband Projects and BEAD Funding
With the start of a new year came renewed activity in the broadband space at the state and federal levels.
As expected, there were developments related to the Broadband Equity, Access, and Deployment (“BEAD”) program, the federal broadband funding program administered by the National Telecommunications and Information Administration (“NTIA”). In our previous blog post in November 2023, we reported that only 12 states had submitted their Volume I Initial Proposals to NTIA for approval and that NTIA had only approved those of Virginia and Louisiana. Only Virginia, Louisiana, and Nevada had submitted their Volume II Initial Proposals to NTIA for approval. Much has changed since then.
Direct Air Capture: Challenges in an Evolving Industry
The United Nations has recognized that carbon capture and sequestration is a “key technology” in the quest to keep global temperatures from rising above the scientifically-accepted threshold of two degrees Celsius. One carbon capture method that is increasingly garnering attention is direct air capture (“DAC”). While DAC technology allows companies to permanently remove carbon dioxide (“CO2”) from the atmosphere, companies seeking to bring the technology to scale must navigate significant legal challenges.
Biden Administration Finalizes Greenhouse Gas Target Rule that is Likely to Draw Challenges
The Federal Highway Administration (FHWA) recently released a prepublication version of its final rule establishing a greenhouse gas (GHG) emissions measure. The final rule establishes a method for measurement of GHG emissions associated with transportation and requires state departments of transportation (State DOTs) and metropolitan planning organizations (MPOs) that have National Highway System (NHS) routes within their jurisdiction to establish targets for reducing GHG emissions from on-road sources and to report on their efforts to meet those targets. The rule will take effect thirty days after the date of its publication in the Federal Register. State DOTs are required to establish targets and report those targets by February 1, 2024. Subsequent targets would be established and reported by no later than October 1, 2026.
FUNDING FOR BROADBAND INFRASTRUCTURE PROJECTS: WHAT’S NEXT (PART III)
In our last post, we previewed that states would be spending the months leading to December 2023 preparing “Initial Proposals” to award the funds that the National Telecommunications and Information Administration (NTIA) allocated to them under the Broadband Equity, Access, and Deployment program (the “BEAD program”). The Initial Proposals are the documents that must (1) identify the specific locations in the state that qualify for funding as unserved, underserved, or community anchor institutions and (2) outline the competitive bidding process each state proposes to employ to select projects and award funds. Much has happened since.
Levelling the Playing Field: Prohibiting Unfair Contract Terms in Australia
This is a reminder that a significant change is on the horizon for companies using standard form contracts in Australia. These matters were raised in the November 2022 edition of Construction Matters.
New unfair contract terms (UCT) reform is set to take effect from 9 November 2023, ushering in a pivotal shift in the contracting landscape. The reform aims to bolster consumer and small business protection by curbing UTC, ensuring a fairer playing field for all parties. Companies should carefully review and potentially amend their standard contracts to ensure compliance with the upcoming changes and avoid the risk of hefty penalties under the Australian Consumer Law (ACL).
Read more here.