News Update – Broadband & Telecom & FCC – May 2026
Nebraska To Open Another BEAD Program Application Round; Three Awardees Reportedly Turn Down Funding
May 22, 2026 – The Nebraska Broadband Office (NBO) has announced it will open another application round for the Broadband Equity Access and Deployment (BEAD) Program after three awardees allegedly turned down their funding awards. News of the additional funding round was provided in a press release announcing that seven awardees completed their subgrant agreements.
CISA Announces New Dates For Virtual Town Hall Meetings On Cyber Incident Reporting For Critical Infrastructure Act Of 2022 (CIRCIA) Rulemaking – Communications Sector Townhall Scheduled For June 16, 2026
May 26, 2026 – The U.S. Department Of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) has announced a revised schedule for a series of virtual town hall meetings to gather stakeholder input on the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) rulemaking. There will be four townhall meetings consisting of two general sessions and two sessions focused on critical infrastructure sectors. All town hall meetings are tentatively scheduled to take place from 11:30 a.m. to 3:30 p.m. Eastern Time. Registration is required to attend each town hall meeting, and can be completed at www.cisa.gov/circia. Registration closes two business days before each meeting. CISA has announced the following virtual town hall meetings that are scheduled to be held on the following dates:
Monday, June 15, 2026 – General Session 1
Tuesday, June 16, 2026 – Critical Infrastructure Sectors Grouping A – Communications Sector; Dams Sector; Emergency Services Sector; Food and Agriculture Sector; Government Facilities Sector; Healthcare and Public Health Sector; Transportation Systems Sector; and Water and Wastewater Sector.
Wednesday, June 17, 2026 – General Session 2
Thursday, June 18, 2026 – Critical Infrastructure Sectors Grouping B – Chemical Sector; Commercial Facilities Sector; Critical Manufacturing Sector; Defense Industrial Base Sector; Energy Sector; Financial Services Sector; Information Technology Sector; and Nuclear Reactors, Materials, and Waste Sector.
NTCA–The Rural Broadband Association Urges NTIA To Publicly Release BEAD Performance Testing Results
May 19, 2026 – NTCA–The Rural Broadband Association has sent a letter to the head of National Telecommunications and Information Administration (NTIA), requesting that NTIA require the public release of the Broadband Equity, Access, and Deployment (BEAD) program performance testing results. Broadband projects funded under BEAD are required to meet specific capacity, latency, and availability standards, such as speed of at least 100 Mbps for downloads and 20 Mbps for uploads. Subgrantee awardees are required to complete network testing to verify that the performance requirements have been met. In its letter, NTCA urges NTIA “to further advance accountability and transparency, however, by publicly releasing (or directing Eligible Entities to publish, as applicable) the results of each subgrantee’s performance testing.” NTCA says that posting the information on NTIA’s website will allow policymakers and the public to determine whether BEAD awardees are following through on their obligations.
Fixed Wireless Provider Vistabeam Activates First BEAD-Funded Broadband Connection
May 14, 2026 – The National Telecommunications and Information Administration (NTIA) has announced that Vistabeam has activated the first household broadband connection funded through the Broadband Equity, Access, and Deployment (BEAD) Program. The household is located near Ogallala, Nebraska, and it now receives broadband service with speeds exceeding 800/200 Mbps. Vistabeam is a fixed wireless provider that covers over 50,000 square miles across western Nebraska, northeastern Colorado, and southeastern Wyoming. Vistabeam was awarded BEAD funding for three tower upgrades totaling $423,375 to serve 93 locations across Nebraska.
SpaceX Wants FCC To Eliminate High Cost USF Support Programs
May 13, 2026 – SpaceX has filed an ex parte letter addressing the FCC’s forthcoming Notice of Proposed Rulemaking (NPRM) on the Universal Service Fund (USF) High-Cost Program. The FCC is expected to approve and release the NPRM at its May 20 open meeting. SpaceX’s ex parte covers its meetings with advisors to the FCC Chairman and the two Commissioners, as well as the FCC’s Wireless Bureau. During those meetings, SpaceX discussed the draft version of the NPRM and recommended changes to certain parts that deal with satellite broadband service. SpaceX is the parent company of low-Earth orbit satellite broadband provider Starlink.
Notably, SpaceX claims that the FCC should establish a plan to sunset the USF High-Cost support mechanisms. SpaceX claims that universal broadband access has been achieved because of unsubsidized terrestrial broadband providers, low-Earth orbit satellite systems, and the BEAD program. SpaceX then goes on to talk about the improvements Starlink it has made to its service, such as increased speeds, reduced latency, and additional capacity of its satellite constellations. Finally, SpaceX provided redline changes to six paragraphs in the NPRM.
FCC Issues Final Agenda For May 20 Opening Meeting
May 13, 2026 – The Federal Communications Commission has released the following final agenda for the FCC’s May 20, 2026 open meeting:
Robocalls / Enhancing Know-Your-Upstream-Provider Requirements – The Commission will consider a Further Notice of Proposed Rulemaking that would propose to enhance the STIR/SHAKEN framework used by voice providers to combat illegal robocalls by improving know-your-upstream-provider (KYUP) requirements and oversight, raising standards for STIR/SHAKEN attestations, and closing implementation loopholes. (WC Docket No. 17-97; CG Docket No. 17-59)
Broadband Mapping / Streamlining Broadband Data Processes and Reducing Unnecessary Regulatory Burdens –The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking that would take several steps to streamline and improve the FCC’s Broadband Data Collection (BDC). This item would alleviate unnecessary regulatory burdens on service providers and challenge process participants by streamlining audits and verifications, improving challenge processes, and reducing regulatory burdens that add costs without a corresponding benefit to the quality of provider-reported data, all while ensuring that the data depicted on the National Broadband Map is accurate. (WC Docket Nos. 11-10, 19-195; GN Docket No. 25-133)
Modernizing the Disaster Information Reporting System (DIRS) – The Commission will consider a Third Report and Order to modernize DIRS by enhancing its capabilities while eliminating unnecessary reporting burdens. These actions will provide better information to emergency managers during disasters and allow communications service providers to focus their resources on service restoration instead of redundant paperwork at times when every second counts. (PS Docket Nos. 21-346, 15-80; ET Docket No. 04-35)
High-Cost USF / Launching ‘High-Cost’ Program Initiative – The Commission will consider a Notice of Proposed Rulemaking seeking comment on how a High-Cost Modernization initiative could best ensure that all Americans, particularly those in rural areas, have access to next-generation services in an ever-changing environment. (WC Docket Nos. 26-96, 10-90)
The FCC’s May 20, 2026 open meeting is scheduled to commence at 10:30 a.m. ET in the Commission Meeting Room of the Federal Communications Commission, 45 L Street, N.E., Washington, D.C. The meeting is open to the public, but the FCC headquarters building is not open access, and all guests must check in with and be screened by FCC security at the main entrance on L Street. All FCC open meetings are streamed live at www.fcc.gov/live.
NTIA Issues Guidance Related To BEAD Subgrantee Award Contracts – BEAD Subgrantees: Protect Your Rights
May 11, 2026 – The National Telecommunications and Information Administration (NTIA) has issued guidance related to the Broadband Equity, Access, and Deployment (BEAD) Program. Specifically, the guidance, titled “BEAD Subgrantees: Protect Your Rights,” informs BEAD subgrantees that their contracts with state broadband agencies must contain certain language mandated by the BEAD General Terms and Conditions. The required language is related to two topics: prohibition on utility-style rate regulation; and permitting commitments.
NTIA’s guidance informs subgrantees that “states are required to include specific contract language mandated by the BEAD General Terms and Conditions and may not omit, alter, or otherwise attempt to contract around such language in their subgrantee agreements.” NTIA further explains that subgrantees should confirm the required language is included, unaltered, in their award contracts, and should not sign agreements that omit or modify the provisions. Additional information on the required contract language is included in NTIA’s guidance document.
USAC Releases Data On Legacy Rate-Of-Return Budget Control Mechanism For July
May 8, 2026 – The Universal Service Administrative Company (USAC) has released information on the legacy rate-of-return Budget Control Mechanism (BCM) for July 2026 through June 2027. The budget control mechanism was created by the FCC in the 2016 Rate-of-Return Reform Order as a method for enforcing the rate-of-return carrier legacy support budget in the event total support is forecasted to exceed the budget in a given year. Carriers that receive universal service fund High Cost legacy support, which includes Connect America Fund Broadband Loop Support (CAF BLS), High Cost Loop (HCL) and Safety Valve Support (SVS), are subject to the BCM. When the BCM is applied, carriers receive pro rata support reductions, but no carrier’s support can be reduced below a certain minimum threshold level.
For July 1, 2026 to June 30, 2027, forecasted total support for legacy rate-of-return carriers is projected to exceed the budget by 93,387,847, resulting in a projected budget control adjustment factor of 6.697%. A table showing USAC’s summary of the BCM data and calculations is shown below, all of which are subject to change.
Gateway Fiber Says Minnesota Cities Are Trying To Force Broadband Providers To Enter Into Cable Franchise Agreements
May 7, 2026 – Gateway Fiber has filed an ex parte in the Federal Communications Commission’s (FCC) Eliminating Barriers to Wireline Deployments docket (WC Docket No. 25-253). The Company submitted the letter to provide additional data for the record in the proceeding. The FCC opened the docket in September 2025 with a Notice Of Inquiry into wireline deployment impediments, including state and local requirements that prohibit, or have the effect of prohibiting, the provision of wireline telecommunications services in violation of section 253 of the Communications Act of 1934.
In its ex parte letter, Gateway Fiber explains how it has been unable to obtain permits to construct fiber networks in four Minnesota cities “because those cities directed the Company to obtain a first-of-its kind cable communications system franchise agreement through local cable commissions.” Gateway Fiber is not a cable operator, nor has it held itself out as one. The Company further explains that Minnesota cities are attempting to require broadband providers to enter into cable franchise agreements that assess franchise fees because cities lack authority under Minnesota law to require local franchises for broadband service. Gateway Fiber included the following additional information in its letter:
The applicable Minnesota cities and local commissions appear to be requiring a cable communications system franchise agreement of BIAS providers like Gateway – rather than utilizing the historic public rights-of-way use permits – to impose several onerous requirements. One such requirement would impose a 5% franchise fee on gross revenues including from BIAS even though the Minnesota cities acknowledge they cannot impose such a fee on “cable operators.”
Other burdensome requirements include 100% build-out within city boundaries without exception, right for rate regulation by the city, continuity and uniformity of service without any exception, provision of public benefits to the city in addition to franchise fees, provision of a material performance bond and letter of credit, and stringent remedies for any non-compliance under the franchise agreement regardless of materiality of such non-compliance.
Court Overturns FCC Digital Discrimination Rules
May 6, 2026 – The U.S. Court of Appeals for the Eighth Circuit has issued an opinion that overturns the Federal Communications Commission’s (FCC) digital discrimination rules. In short, the Court concluded that the FCC exceeded its statutory authority in two respects – disparate impact liability and the definition of covered entities.
In November 2023, the FCC adopted a Report And Order containing “final rules to prevent digital discrimination of access to broadband services based on income level, race, ethnicity, color, religion, or national origin.” In general, the digital discrimination rules prohibited broadband providers’ policies or practices that (1) differentially impact consumers’ access to broadband internet access service based on their income level, race, ethnicity, color, religion or national origin, or (2) are intended to have such differential impact. In other words, the FCC adopted two theories of digital discrimination liability: disparate treatment and disparate impact. The scope of the rules also extended beyond broadband providers to entities that facilitate and otherwise affect consumer access to broadband internet access services.
Shortly after the digital discrimination rules were approved, petitions for review were filed by telecom and broadband industry associations in six U.S. Courts of Appeals, all of which sought to have them struck down, claiming the FCC exceeded its statutory authority; the rules are arbitrary, capricious, and an abuse of discretion; and the rules are otherwise contrary to law. The legal challenges were consolidated in the U.S. Court of Appeals for the Eighth Circuit.
That Court has now vacated the FCC’s digital discrimination rules. It found that Congress did not authorize disparate impact liability and the FCC exceeded its statutory authority in adopting a final rule authorizing the imposition of disparate impact liability. The Eighth Circuit also found that the FCC exceeded its statutory authority when it extended the final rule to cover entities other than broadband providers. While the rules have been vacated, the Court nonetheless remanded the issue back to the FCC because there is now “an unfinished obligation to ‘adopt final rules to facilitate equal access to broadband internet access service” in compliance with 47 U.S.C. § 1754.’”
