Filing Reminder: FCC Form 555 – Annual Lifeline Recertification – Due January 31, 2024

December 29, 2023 – All eligible telecommunications carriers (ETCs) must submit the results of their Lifeline recertification efforts using FCC Form 555 on or before January 31, 2024. The FCC Form 555, “Annual Lifeline Eligible Telecommunications Carrier Certification Form,” is used by all Lifeline service providers to report the results of their annual recertification process and includes required data accuracy certifications. The Form 555 must be submitted to the Universal Service Administrative Company (USAC) using USAC’s online One Portal, the FCC in Docket 14-171 using the FCC’s EFCS, relevant state regulatory authorities, and Tribal governments if Lifeline service is provided to subscribers that reside on Tribal lands. 

FCC Defers Next CAF-BLS Five-Year Deployment Obligation Until January 1, 2025

December 27, 2023 – The Federal Communications Commission (FCC) has released a Second Report And Order which defers the commencement of the next five-year deployment obligation term for legacy rate-of-return carriers receiving Connect America Fund Broadband Loop Support (CAF BLS) in 2024 until January 1, 2025. The deferment will allow the FCC to consider whether to modify future deployment obligations for CAF BLS recipients and explore general reforms to the high-cost universal service program that were raised in a July 2023 Notice of Proposed Rulemaking. Rate-of-return carriers on legacy CAF-BLS support will remain subject to the FCC’s rules requiring the offering of broadband service at actual speeds of at least 25/3 Mbps to the previously determined number of unserved locations under the current five-year term that ends on December 31, 2023.

FCC Announces Revised 2024 Urban Rate Survey Broadband Services Benchmarks & Extension Of Implementation Date To February 1, 2024

December 26, 2023 – The FCC’s Wireline Competition Bureau has issued a Public Notice revising the 2024 reasonable comparability benchmarks for fixed broadband services for eligible telecommunications carriers (ETCs) that are subject to broadband public interest obligations. The revised benchmarks have been issued after the Bureau determined there was an error in calculation of the broadband rates it previously released on December 15, 2023. The revised broadband rates and explanatory notes are available on the FCC’s urban rate survey data and resources website. Because of the revision, the Bureau has extended the requirement that ETCs meet the revised benchmarks by one month, to February 1, 2024. The reasonable comparability benchmark for voice services ($55.13) and the required minimum usage allowance for fixed broadband (660 GB) remain unchanged.

The Bureau has provided the following table showing the revised 2024 benchmark for several different broadband service offerings. For broadband service with characteristics not shown in the table, the Bureau has provided an excel file which broadband providers can use to calculate the benchmark for services in the U.S. and Alaska.

FCC Announces Conclusion Of RDOF Long-Form Application Review

December 20, 2023 – The FCC’s Wireline Competition Bureau has announced the conclusion of the Rural Digital Opportunity Fund (RDOF) auction (Auction 904) long-form application review. RDOF long-form applications (FCC Form 683) are available through the “Application Search” tab on the Auction 904 web page. However, certain information provided by long-form applicants that is subject to a request for confidential treatment that has been granted or remains pending is not publicly available.

The RDOF auction began on October 29, 2020, and ended on November 25, 2020. The FCC has authorized 379 entities to receive over $6 billion in RDOF support over a ten-year term to provide broadband service to just under 3.5 million locations in 48 states and one U.S. territory. For over 97% of these locations, the RDOF support recipient is required to provide Gigabit speed broadband service.

FCC Denies Waiver Of Enhanced A-CAM Cybersecurity Plan Rules; Issues Clarification For Enhanced A-CAM Carriers Using NIST CSF Draft Version 2.0

December 20, 2023 – The FCC’s Wireline Competition Bureau has denied a request for waiver of Section 54.308(e) of the FCC’s rules which requires carriers that have elected to receive Enhanced Alternative Connect America Cost Model (A-CAM) support to certify and submit their initial cybersecurity and supply chain risk management plans by January 2, 2024 or within 30 days of approval under the Paperwork Reduction Act (PRA), whichever is later. The waiver, submitted by NTCA, requested that Enhanced A-CAM carriers be permitted to certify and submit their initial cybersecurity and risk management plans by the later of the deadline for 2024 FCC Form 481 submissions (July 1, 2024), or within 30 days of approval under the PRA.

Under the FCC’s Enhanced A-CAM rules, carriers must implement operational cybersecurity and supply chain risk management plans by January 1, 2024 – the start of the Enhanced A-CAM support term – and certify they have done so to the Universal Service Administrative Company (USAC) by January 2, 2024 or within 30 days of approval under the PRA, whichever is later. While Enhanced A-CAM carriers must still implement their cyber operational plans by January 1, 2024, the certification rules are still awaiting Office of Management and Budget approval, and are not yet effective. The Bureau expects the earliest possible approval to be in early February 2024. Enhanced A-CAM carriers’ cybersecurity and supply chain risk management plans must reflect the latest version of the National Institute of Standards and Technology (NIST) Framework for Improving Critical Infrastructure Cybersecurity (CSF), which is version 1.1, although version 2.0 is expected in early 2024. If an Enhanced A-CAM carrier makes a substantive modification to its cyber plans, it must submit its updated plan to USAC within 30 days of making the modification. In the Order denying the NTCA waiver, the Bureau has provided the following clarification related to Enhanced A-CAM carriers use of the draft NIST CSF 2.0 Framework in cyber plans:

“[I]f an Enhanced A-CAM carrier submits a cybersecurity risk management plan that complies with the Draft 2.0 Framework, the Enhanced A-CAM carrier will have met the requirement to implement a plan that reflects the latest version of the NIST framework. The Draft 2.0 Framework has been available since early August 2023 – weeks before the Bureau announced the offers of Enhanced A-CAM support, and NIST is not planning to release another draft prior to releasing the finalized framework. The Draft 2.0 Framework encompasses the current NIST CSF 1.1 so that if an Enhanced A-CAM carrier submits a plan that reflects the Draft 2.0 Framework, the plan will also reflect NIST CSF 1.1. Nevertheless, if the finalized NIST CSF 2.0 makes changes to the Draft 2.0 framework that require an Enhanced A-CAM carrier to make a substantive modification to its cybersecurity risk management plan, the Enhanced A-CAM carrier must submit an updated plan within 30 days of making the substantive modification as required by the Commission’s rules.”

FCC Broadband Data Collection Filing Window Opens January 2, 2024 & Closes March 1, 2024 – Broadband Serviceable Location Fabric Version 4 Announced

December 20, 2023 – The FCC’s Broadband Data Task Force has announced that the Broadband Data Collection (BDC) filing window for submitting broadband availability and other data as of December 31, 2023, will open on January 2, 2024. Service providers must submit all availability and subscription data no later than March 1, 2024. Facilities-based broadband service providers must use the BDC system to submit data that shows where they made mass-market broadband internet access service available as of December 31, 2023. Facilities-based broadband service providers and providers of fixed voice services must also submit their December 31, 2023, subscription data (required under FCC Form 477) into the BDC system. The BDC system is available online at https://bdc.fcc.gov/bdc. Information on filing BDC data is available at https://www.fcc.gov/BroadbandData/filers.

Additionally, the Broadband Data Task Force has announced that the December 2023 update (Version 4) of the Broadband Serviceable Location Fabric (Fabric) will be available to existing Fabric licensees starting on December 27, 2023. This updated version – Version 4 – must be used by filers of fixed broadband availability for their availability data as of December 31, 2023. It “incorporates data from updated data sources and other improvement efforts conducted by the FCC and CostQuest, and the results of Fabric challenges submitted by state, Tribal, and local governments, broadband service providers, and the public through the National Broadband Map.”

FCC Declares Wavelength LLC Has Defaulted On RDOF Winning Bids In Arizona

December 20, 2023 – The FCC’s Wireline Competition Bureau has announced that Wavelength LLC has defaulted on its Rural Digital Opportunity Fund (RDOF) winning bids in Arizona. Wavelength participated in the RDOF auction as a member of Consortium 2020, which won $19,787,039.50 in 10-year support to provide service to 15,636 locations in Arizona, and $29,131,921.40 in 10-year support to provide service to 52,456 locations in California. All Consortium 2020 winning bids were assigned to Wavelength through the RDOF long-form “Divide Winning Bids” process. Upon concluding its review of Wavelength’s RDOF long-form application, the Bureau determined Wavelength failed to demonstrate that it is financially qualified to receive RDOF support and meet its RDOF program obligations in the areas where it was a winning bidder in Arizona which were not already announced as being in default. The Bureau provided the following explanation of its decision:

Wavelength - Arizona. The Bureau has concluded its review of Wavelength’s long-form application in Arizona. Wavelength proposes to deploy service to 12,418 estimated RDOF locations in Arizona. The Bureau has determined that, based on the totality of the long-form application and its inadequate responses to the Bureau’s follow-up questions, Wavelength has failed to demonstrate that it is financially qualified to receive support to meet its RDOF program obligations in the areas where it has winning bids in Arizona. The Commission has an obligation to protect limited Universal Service Funds and to avoid extensive delays in providing needed service to rural areas, including by not subsidizing risky proposals that propose deployment plans that are unrealistic or that are predicated on aggressive assumptions and predictions. Accordingly, we deny Wavelength’s long-form application in Arizona, and Wavelength is in default on all winning bids not already announced as defaulted, as listed in Attachment A. We will refer these defaults to the Enforcement Bureau for further consideration.

Consumers’ Research Loses Again – Eleventh Circuit Says Universal Service Fund Is Constitutional

December 14, 2023 – The U.S. Court of Appeals for the Eleventh Circuit has issued an opinion denying Consumers’ Research’s Petition For Review challenging the constitutionality of the Universal Service Fund (USF).

Consumers’ Research, Cause Based Commerce, and a handful of individuals filed the Petition, which directly challenged the fourth quarter 2022 USF contribution factor. The group argued that Section 254 of the Communications Act, which created the USF and empowers the FCC to implement it, violates the nondelegation doctrine. Additionally, they argued that the FCC’s use of the Universal Service Administrative Company’s (USAC) to help administer the USF system violates the private-nondelegation doctrine.

In a unanimous opinion, the Eleventh Circuit ultimately found that “[b]ecause § 254 provides an intelligible principle and the FCC maintains control and oversight of all actions by the private entity, we hold that there are no unconstitutional delegations and therefore DENY the petition.”

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued a similar order upholding the constitutionality of the USF in May 2023. The U.S. Court of Appeals for the Fifth Circuit rejected a nearly identical Petition For Review in March 2023, but thereafter vacated the decision and granted a rehearing en banc. A decision in that case is expected soon.

USF Contribution Factor For First Quarter Of 2024:  34.6 Percent  –  New Record High

December 14, 2023 – The FCC’s Office of Managing Director (OMD) has announced that the proposed universal service fund (USF) contribution factor for the first quarter of 2024 will be  34.6 percent. The 34.6 percent USF contribution factor for 1Q 2024 is a new record high, barely beating out the previous high of 34.5 percent from 4Q 2023. If the FCC takes no action on the proposed USF contribution factor within 14 days, it will be declared approved. Historical information on quarterly universal service fund contribution factors is available online from the FCC.

For the first quarter of 2024, the Universal Service Administrative Company (USAC) projects $8.313338 billion in total interstate and international end-user telecommunications revenues will be collected ($8.172483 billion was projected for 4Q 2023). USAC estimates that $2.118730 billion is needed to cover the total demand and expenses for all Federal universal service support mechanisms (revenue requirement) in the first quarter of 2024 (the 4Q 2023 demand was estimated at $2.078830 billion).

Total first quarter 2024 demand includes projected program support, administrative expenses, and true-ups and adjustments, which breaks out among the USF support mechanisms as follows:

• E-Rate Schools & Libraries:  $634.96 million (4Q 2023 was $652.04 million)

• Rural Health Care:  $168.60 million  (4Q 2023 was $97.22 million)

• High-Cost:  $1.09021 billion  (4Q 2023 was $1.06688 billion)

• Lifeline:  $225.47 million  (4Q 2023 was $262.71 million)

• Connected Care:  ($0.51) million  (4Q 2023 was ($0.02) million)

FCC Issues $21.7 Million Forfeiture Against LTD Broadband (And GigFire LLC) For Defaulting On RDOF Winning Bids

December 5, 2023 – The Federal Communications Commission (FCC) has issued a Notice Of Apparent Liability For Forfeiture against LTD Broadband LLC for defaulting on Rural Digital Opportunity Fund (RDOF) Phase I Auction winning bids, in apparent violation of the FCC’s rules. Specifically, the FCC found “that LTD apparently committed 7,238 violations by defaulting on 7,238 [Census Block Groups] subject to forfeiture.” As a consequence, LTD Broadband must pay a forfeiture penalty in the amount of $21,714,000. Additionally, the FCC has proposed to hold GigFire LLC jointly and severally liable for the total amount of LTD’s forfeiture. GigFire is an entity created by the owner of LTD apparently to replace LTD, and to which most or all of LTD’s assets have been transferred. The FCC concluded that this “raises the possibility that GigFire may have been founded for the purpose of evading liability for LTD’s actions.” Appendix A to the Notice Of Apparent Liability For Forfeiture describes LTD Broadband’s apparent violation of the FCC’s rules and RDOF requirements. Appendix B lists the LTD’s defaulted census block groups subject to forfeiture, which are in California, Colorado, Illinois, Indiana, Iowa, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, Texas, and Wisconsin. Appendix A contains the following explanation of the deficiencies in LTD Broadband’s post-auction long-form application and its inability to fulfill the requirements of the RDOF auction:

LTD’s application was lacking in a number of ways. First, LTD failed to provide proof of Eligible Telecommunications Carrier (ETC) designation, a requirement to receive universal service funds, in three of the states in which it had winning bids. Second, LTD did not show that it had available funds for all project costs that exceed the amount of support to be received for the first two years of its support term. In particular, WCB determined that LTD would not be able to meet the initial prerequisites of a new term sheet for a loan and equity fundraising round submitted with its final financial plan. Third, LTD did not, as required, differentiate between anticipated project costs and related funding for each of the areas for which LTD was seeking support, nor did LTD explain why its apparent assumption that all deployment costs are equal across all of its winning bids states and rural regions within each state might be reasonable. Fourth, a number of the cost assumptions on which LTD based its deployment costs were unrealistic, raising concerns that the overall determination of deployment costs was too low. Fifth, LTD did not provide evidence that it could cover the necessary debt service payments over the life of its loans. Sixth, LTD failed to provide specific and localized project designs; instead, LTD applied an unrealistic one-size-fits-all approach for the vast areas where it would be required to deploy last-mile fiber to every serviceable location and the supporting middle-mile and core infrastructures. LTD’s technical submissions reflect a lack of understanding of how significantly their business needs to scale up to achieve equipment purchases, hiring, construction, deployment, maintenance, operations, and customer service for the sizeable network of LTD’s remaining winning bids. For these reasons and “based on the totality of the long-form [application], the expansive service areas reflected in [its] winning bids, and [its] inadequate responses to the Bureau’s follow-up questions,” WCB concluded that LTD was “not reasonably capable of complying with the Commission’s requirements.”

FCC Denies LTD Broadband Application For Review Of Decision Denying RDOF Support

December 5, 2023 – The Federal Communications Commission (FCC or Commission) has denied an Application For Review from LTD Broadband, LLC, which sought review of a decision by the FCC’s Wireline Competition Bureau that denied LTD’s long-form application to receive Rural Digital Opportunity Fund (RDOF) auction support. Following a “careful review” of the Bureau’s decision, the Commission concluded that “the Bureau followed Commission guidance as adopted for the RDOF program and correctly concluded that LTD is not reasonably capable of offering the required gigabit-speed, low-latency service throughout the broad areas where it won auction support.”

Upon conclusion of the RDOF auction, “LTD was the largest winning bidder in the auction, with winning bids to deploy gigabit speed low-latency service to 528,088 locations in 15 states with $1,320,920,719 in 10-year support.” To put the size of LTD’s RDOF win and accompanying obligations in perspective, when the RDOF auction started, LTD had a relatively “small deployment footprint and subscriber base of approximately 15,000 customers.” Immediately after becoming the largest winner bidder, LTD had trouble complying with the FCC’s post-auction RDOF requirements. LTD received eligible telecommunications carrier (ETC) designation in eight states where it won RDOF support prior to the June 7, 2021 deadline, but in the other seven states in which it won support (California, Iowa, Kansas, Oklahoma, Nebraska, North Dakota, South Dakota), LTD filed a request for waiver of the ETC deadline. The Bureau denied LTD’s request for waiver of the ETC certification deadline for California, Kansas, Oklahoma, Iowa, Nebraska, and North Dakota. LTD eventually defaulted on its winning bids in California, Iowa, Kansas, and Oklahoma, but pursued reconsideration of the waiver denial for Nebraska and North Dakota.

During the review of LTD Broadband’s long-form application, the Wireline Bureau identified numerous legal, technical, operational, and financial deficiencies. The Bureau ultimately denied LTD’s application, concluding “LTD was not reasonably capable of complying with the Commission’s public interest requirements established for the RDOF program for a number of both financial and technical reasons.” LTD was declared to be in default of its remaining RDOF winning bids. The Bureau also dismissed LTD’s reconsideration of the ETC waiver denial for Nebraska and North Dakota. LTD then filed an Application for Review of the Bureau’s decision.

The Commission reviewed LTD’s application, and identified four primary arguments as to why the decision should be reversed. However, every argument put forth by LTD was soundly rejected, causing the Commission to deny the application. Concurrent with the denial order, the Commission issued a Notice Of Apparent Liability For Forfeiture against LTD Broadband for defaulting on its RDOF winning bids. As a consequence, LTD Broadband must pay a forfeiture penalty in the amount of $21,714,000.

FCC Issues $732,000 Forfeiture Against Etheric Communications LLC For Defaulting On RDOF Winning Bids

December 5, 2023 – The Federal Communications Commission (FCC) has issued a Notice Of Apparent Liability For Forfeiture against Etheric Communications LCC for defaulting on Rural Digital Opportunity Fund (RDOF) Phase I Auction (Auction 904) winning bids, in apparent violation of the FCC’s rules. Specifically, the FCC found “that Etheric apparently committed 244 violations by defaulting on 244 [Census Block Groups] subject to forfeiture.” Consequently, Etheric Communications must pay a forfeiture penalty in the amount of $732,000. Appendix A to the Notice Of Apparent Liability For Forfeiture describes Etheric Communications’ apparent violation of the FCC’s rules and RDOF requirements. Appendix B lists the Etheric’s defaulted census block groups subject to forfeiture, all of which are in California. Appendix A contains the following explanation of why Etheric was found to have defaulted on its winning RDOF bids in California:

Etheric is a wholly-owned subsidiary of Etheric Networks Incorporated, which provides custom broadband services through a combination of fixed wireless and fiber technologies to residential and business customers across 10 counties in the San Francisco Bay Area. Etheric timely submitted its Short-Form Application to participate in Auction 904 and was a successful bidder. WCB declared Etheric to be in default on May 23, 2023, and referred the company to the Bureau for enforcement action, after WCB denied Etheric’s petition for reconsideration of the Bureau’s decision to dismiss as moot and alternatively, denied Etheric’s petition seeking waiver of the deadline for demonstrating, with appropriate documentation, that it had been designated as an eligible telecommunications carrier in each of the geographic areas for which it sought to be authorized for Auction 904 support. The Commission finds that Etheric apparently committed 244 violations by defaulting on 244 CBGs subject to forfeiture, which places the company’s base forfeiture at $732,000. Etheric’s total assigned support for the CBGs in default subject to forfeiture amounted to $218,641,793.80, thereby capping the maximum possible forfeiture at $32,796,269.07, which is 15 percent of Etheric’s defaulted support subject to forfeiture in Auction 904. Because the base forfeiture is less than the 15 percent cap established in the Rural Digital Opportunity Fund Order, the Commission finds that the forfeiture amount of $732,000 against Etheric is appropriate here.

FCC Provides Guidance On Performance Measures Requirements For Carriers Transitioning To Enhanced A-CAM And Carriers Remaining On CAF BLS Support

December 4, 2023 – The FCC’s Wireline Competition Bureau has issued guidance regarding performance measures requirements for Alternative Connect America Cost Model (A-CAM) I, A-CAM II, and Connect America Fund Broadband Loop Support (CAF BLS) carriers authorized to begin receiving Enhanced A-CAM support on January 1, 2024. Additionally, the Bureau’s Public Notice announces that the mixed support (Hargray) condition applicable to some carriers taking Enhanced A-CAM support has been sunset. The full guidance from the Bureau’s Public Notice is below:

A-CAM I and A-CAM II Carriers Moving to Enhanced A-CAM. A-CAM I and A-CAM II carriers authorized for Enhanced A-CAM are still required to comply with performance testing requirements for 2023, and by July 1, 2024 must certify the testing results. After July 1, 2024, the Universal Service Administrative Company (USAC) and the Bureau will process the certified testing data and implement any support withholding, as required, against monthly Enhanced A-CAM disbursements. Once a carrier shows that it has come back into compliance with its A-CAM I or A-CAM II performance requirements, it will receive its full monthly Enhanced A-CAM disbursement and have its withheld support restored. Continuing to conduct performance testing in 2024 may, therefore, be in a carrier’s interest because compliance with A-CAM I or A-CAM II performance requirements certified for any quarter of 2024 and even prior to processing 2023 testing data means such carrier will not have Enhanced A-CAM support withheld.

CAF BLS Carriers. Carriers that are currently on CAF BLS regardless of whether they have elected Enhanced A-CAM must show that they were in compliance with their CAF BLS performance requirements in 2023, the final year of their five-year deployment term. For carriers that transition from CAF BLS to Enhanced A-CAM, if they are in compliance with performance measures standards for the year 2023, then no further testing is needed until 2026. However, any CAF BLS carrier that is not in compliance with performance measures for 2023 will be subject to support recovery under section 54.320(d) of the Commission’s rules or may attempt to return to compliance within a one-year cure period by conducting another year of performance testing using a statistically valid sample of locations. A carrier must request such a sample from USAC no later than August 1, 2024 and begin the one year of testing in the fourth quarter of 2024. For those carriers choosing to do an additional year of testing with a statistically valid sample, any support recovery for failing to meet end of term performance obligations will be calculated after the one-year cure period. Moreover, carriers that did not elect Enhanced A-CAM and thus remain on CAF BLS support must continue performance testing even after they have shown they are in compliance for the five-year obligation.

Mixed Support Condition. We also announce the sunsetting of the mixed support (i.e., Hargray) condition on the mixed support transactions of 22 CAF BLS/High Cost Loop Support (HCLS) companies that will be receiving Enhanced A-CAM support as of January 1, 2024, as detailed in the Appendix. In the Hargray/ComSouth Order, the Commission approved a mixed support transaction, i.e., a transaction involving the combination of one or more entities receiving fixed high-cost support and one or more entities receiving cost-based support, subject to a condition to prevent cost shifting and to protect the finite resources of the high-cost universal service fund. This condition (the Hargray condition) capped the high-cost cost-based universal service support received based on the operating expenses of the rate-of-return carriers receiving cost-based support for a term of seven years (and any other rate-of-return affiliates acquired during the time in which the condition is in effect (together, covered entities)) or until all covered entities were converted to fixed support. The Commission directed the Bureau to apply this condition to future mixed-support transactions. The 22 companies listed in the Appendix were part of such transactions and were made subject to the Hargray condition as per Commission and Bureau releases, as indicated therein. The conversion of the support received by each of these 22 companies from cost-based support to fixed Enhanced A-CAM (including fixed transitional support) will render the Hargray condition on the company’s associated transaction obsolete. The Hargray condition and related obligations will continue to apply to all cost and revenue data that is applicable to the 2023 calendar year, and these companies must file their compliance certification and financial report for 2023 by January 1, 2024.

Mergers & Acquisitions: LightStream Acquiring Monon Telephone Company In Indiana

December 1, 2023 – LightStream has announced that it has entered into an agreement to purchase Monon Telephone Company, Inc. LightStream, formerly known as Pulaski White Rural Telephone Cooperative, is a cooperative-based communications services provider headquartered in Buffalo, Indiana. The company “provides fiber-based gigabit internet and telecommunications services in the greater Buffalo, Monticello, Pulaski, Royal Center, Star City, and Winamac areas.” Monon Telephone Company was founded in the town of Monon, Indiana in August of 1900, and has been family owned since 1921. The transaction is subject to regulatory approvals, but is expected to close in the first half of 2024. The purchase price and other terms of the deal were not disclosed.

USCellular Announces 3G CDMA Network Shutdown

December 1, 2023 – Mobile wireless carrier USCellular has announced it will shutter its 3G CDMA network on January 14, 2024. Doing so, says USCellular, will allow it to focus on upgrading its network to 4G and 5G. USCellular provided the following information to subscribers on its website:

Major wireless carriers have already shut down their 3G CDMA networks and you’re likely starting to notice the effects on your older devices. When we shut down our network, 3G devices will lose service completely. We are committed to supporting our customers and are ready and available to assist you through this transition. To keep you connected, we’re offering big discounts on 4G/5G devices.

Kansas Governor Announces Advancing Digital Opportunities To Promote Technology (ADOPT) Program

December 1, 2023 – Kansas Governor Laura Kelly has announced the opening of the application window for Kansas’ Advancing Digital Opportunities to Promote Technology (ADOPT) program. The 7-week application window opens on December 7, 2023, and closes at 5:00 pm CST on January 30, 2024. The 2-week public comment window opens on February 7, 2024. A total of $14.7 million will be available from the ADOPT program in the form of grant awards to organizations addressing the challenges of broadband accessibility, affordability, and device availability. ADOPT program grants will be awarded through two sub-programs: (1) Equipment Distribution Program, and (2) Public Wi-Fi Enablement Program.

The Equipment Distribution Program will award grants to eligible entities to make devices available to individuals who do not subscribe to broadband connectivity due to a lack of devices and equipment. Eligible entities will provide devices such as computers, laptops, and tablets to qualifying individuals through no-cost, short or long-term loan programs. The maximum individual award is $500,000, and applicants are not required to provide matching funds. The Public Wi-Fi Enablement Program will award grants for projects that provide access to high-quality, reliable public Wi-Fi based broadband in Kansas. The maximum individual award is $1 million, and applicants are required to provide 10% matching funds.

U.S. Court Of Appeals For The D.C. Circuit Sets Oral Argument In Consumers’ Research V. FCC – January 26, 2024

December 1, 2023 – The U.S. Court of Appeals for the D.C. Circuit has announced it will hold an oral argument in Consumers’ Research v. FCC (case number 23-1091) on January 26, 2024, at 9:30 am. Consumers’ Research, Cause Based Commerce, Inc., and 12 individuals filed a petition for review with the Court challenging the FCC’s proposed universal service fund (USF) contribution factor for the second quarter of 2023. The Consumers’ Research group claims the USF is unconstitutional, violates statutory authority, and is otherwise illegal for numerous reasons. The group also filed comments and objections to the 2Q 2023 contribution factor with the FCC prior to filing its legal challenge.