Rural Utility Cooperative Law Blog

In a prior post, I addressed new regulations from Treasury Department addressing clean energy tax credit options. The post discussed options for elective payment or transfer of the clean energy tax credits, including I.R.C. Section 48. In one of its

In a recent ruling, the Service addressed a telecom cooperative that divested its cellular business to focus on broadband services. It had transacted business through a partnership that was partially owned by various consolidated subsidiaries. Through the years, it had

The IRS issued proposed regulations and frequently asked questions addressing the elective payment option and transfer option for certain clean energy credits, including I.R.C. Section 48. Elective Payment Option: The IRS summarized the proposed regulation for the elective payment option

RUS recently made minor modifications to a final rule with regulations it previously adopted to implement the 2018 Farm Bill. The modifications clarify the regulations to indicate the RUS mapping tool will include information from applications for broadband funding. 88

RUS finalized ratio requirements for electric borrowers, which we discussed in a prior post.  Click here for the prior post. View other posts about: The rule is effective May 1, 2023. The Rural Utilities Service (RUS), a Rural Development (RD) agency of the United States Department of Agriculture

RUS finalizes ReConnect Rules

As we addressed in a February 2023 post, RUS requested comments on proposed changes to the audit requirements. This month, RUS published the final rule. The changes apply to RUS borrowers and grantees (now called "Awardees"). The rules apply to

Several industry groups, including NTCA, NRTC, and NRECA, sent a letter to Congress requesting an increase in the minimum service level commitment for broadband funding under the Farm Bill. They requested an increase to 100 Mbps symmetrical broadband service. We

This WSJ article discusses the tensions arising from access to poles for broadband expansion. Fights Over Rural America’s Phone Poles Slow Internet Rollout

The Rural Utilities Service issued a final rule to modify ratio requirements for electric borrowers. The rule is effective May 30, 2023. The Rural Utilities Service (RUS), a Rural Development (RD) agency of the United States Department of Agriculture (USDA), is issuing a final rule with comment. The

In advising cooperatives, C&A Attorney David Cook relies on the attorney-client privilege to protect communications with clients from disclosure to courts, tax authorities, and others. The attorney-client privilege is fundamental to ensuring clients (cooperatives) receive relevant, timely, and helpful tax

The Rural Utilities Service requested comments on a final rule, which will be effective May 8, 2023. The rule concerns audit procedures and other requirements. Here is a summary from RUS: An update to this policy occurred on May 7, 2018

The RUS updated its Rural eConnectivity Program rules on January 30, 2023. Here is a summary from the Federal Register: 1. The definition of non-funded service area (NFSA) was updated in § 1740.2 to include telecommunications as well as broadband as a type of service.

The 2018 Farm Bill amended the Rural Electrification Act of 1936, extending financing authority for RUS loans or guaranties, ending the Cushion of Credit Payment Program, and allowing loans to fund cybersecurity and grid security improvements. Here is a summary

A survey conducted by NTCA – The Rural Broadband Association provides insight into broadband and internet service by rural telephone companies. NTCA has conducted the survey for nearly two decades.  Based on the survey, 72% of customers in NTCA members’

The Rural Utilities Service has issued a final rule to amend its regulations for Electric and Telecommunications Standards affecting the following: Specifications for Materials and Equipment and Construction Specification for Wood Poles, Stubs, and Anchor Logs Specification for Wood Crossarms,

On behalf of C&A, David Cook joined with many rural telcos in “A Call to Action” to demand that broadband policymakers improve USF funding by expanding the services that contribute to the USF.  The USF is an important mechanism for

C&A attorney, David Cook, recently spoke to a group of directors of telephone cooperatives about legal risks and privacy concerns.  The telephone and telecommunication utilities hailed from several states to North Carolina for the conference.  The presentation covered topics related

Earlier this year, the U.S. Supreme Court addressed an outstanding question in the Telephone Consumer Protection Act.  The court clarified the extent of the devices to which the TCPA applies. In summary, the Supreme Court ruled: The question before the

The Rural Utilities Service recently amended its regulations for electric borrowers.  These amendments affect the loan application requirements, approvals of work plans, contract bidding and approval procedures, system operation and maintenance reviews, long-range engineering, and system-design procedures. Here is a

As reported in the Wall Street Journal last week, hackers breached T-Mobile’s system to obtain data for about 54 million people.  The hackers then attempted to sell the customer data.  The hackers' approach is different than recent instances of ransomware,

In March 2021, Congress approved $1.9 trillion under the American Rescue Plan Act (“Act”), which included emergency funding to respond to the pandemic and its economic impact.  In May 2021, the Treasury Department released the Interim Final Rule[1] (“IFR”) for

On May 28, 2021, the United States Postal Service (USPS) filed notice with the Postal Regulatory Commission (PRC) for rate increases, which will be effective on August 29, 2021.  The rate increases range from 5% to 8% for various products

Under the Digital Millennium Copyright Act (“DMCA”), there are several safe harbors that limit liability of service providers for alleged infringement of copyrighted material.  But a service provider must meet several statutory requirements to be eligible for the safe harbor.