Photo of Austin Shepherd

Austin Shepherd is an associate in the Corporate Practice Group in the firm's Washington, D.C., office.

On November 20, 2023, the Federal Communications Commission (“Commission”) released a Report and Order and Further Notice of Proposed Rulemaking (“Order”) adopting final rules to facilitate equal access to broadband and address digital discrimination.[1] This decision will be of particular importance to entities that provide, facilitate, or affect consumer access to broadband, including both terrestrial and satellite broadband providers irrespective of the technology used to deliver the broadband service. A Further Notice of Proposed Rulemaking (“FNPRM”) accompanies the Order, seeking additional comment on matters pertaining to the implementation of section 60506 of the Infrastructure Investment and Jobs Act.[2] The final rules and FNPRM are summarized below:Continue Reading ALERT: FCC Seeks to Eliminate Digital Discrimination

On January 4, 2023, the Federal Communications Commission (“FCC”) released a Notice of Proposed Rulemaking (“NPRM”) setting forth proposed rules for the operation of unmanned aircraft systems in the 5030-5091 MHz band. At present, unmanned aircraft systems primarily operate under the FCC’s rules for unlicensed and low-power communications or according to experimental licenses. Neither of these spectrum resources provide the user with the right to protection from harmful interference, meaning that communications using such resources can be unreliable. The FCC’s proposed rules attempt to address this issue by granting unmanned aircraft systems access to licensed spectrum with the resilience to support more advanced and secure communications.Continue Reading ALERT: FCC Opens Rulemaking on Use of Unmanned Aircraft Systems in Licensed Spectrum

On November 30, 2022, the Federal Communications Commission (“Commission”) released a draft Notice of Proposed Rulemaking (“Draft NPRM”) that, if adopted, will seek comment on comprehensive changes to the Part 25 satellite and earth station licensing rules for the first time since 2015.[1] The Draft NPRM represents a significant step in the Commission’s efforts to facilitate innovation in the satellite industry, proposing changes that would facilitate greater expediency, flexibility, and curability in the licensing process. Continue Reading ALERT: Space Innovation Comes to Part 25 as the FCC Proposes New Reforms for its Satellite and Earth Station Licensing Rules

On November 3, 2022, Federal Communications Commission (“FCC”) Chairwoman Jessica Rosenworcel announced plans to reorganize the International Bureau into a new Space Bureau and a standalone Office of International Affairs. The changes are intended to help ensure FCC resources are aligned to meet the needs of FCC licensees and regulatees by “elevat[ing] the significance of satellite programs and policy within the agency to a level that reflects the importance of the emerging space economy.” Continue Reading ALERT: FCC Chairwoman Rosenworcel Announces Plans to Create a Space Bureau

On Monday, January 10, 2022, the National Telecommunications and Information Administration (“NTIA”) commenced a public comment period for interested parties to submit comments on the development and implementation of three forthcoming broadband grant programs established by the Infrastructure Investment and Jobs Act of 2021(“IIJA”): (1) the Broadband Equity, Access and Deployment (“BEAD”) program, (2) the Middle-Mile Broadband Infrastructure Program, and (3) the Digital Equity Planning Grant Program.[1]
Continue Reading ALERT: NTIA Seeks Public Comment on Implementation of Upcoming Broadband Grant Programs