On May 11, 2026, the President signed S. 98, the Rural Broadband Protection Act of 2025, into law. The Act directs the Federal Communications Commission to initiate a rulemaking proceeding establishing a vetting process for applicants seeking high-cost universal service program funding for broadband deployment. For providers, cooperatives, and other stakeholders that rely on universal service support to extend broadband into unserved and underserved communities, the new law signals a meaningful shift in how eligibility will be evaluated before federal dollars are awarded.
The high-cost universal service program has long served as a cornerstone of federal efforts to close the digital divide, supporting deployment in areas where the economics of buildout would otherwise be prohibitive. By requiring the FCC to develop a formal vetting framework, Congress has placed renewed emphasis on confirming that applicants have the technical, financial, and operational capacity to deliver on their deployment commitments. While the contours of the vetting process will be defined through the forthcoming rulemaking, applicants should anticipate enhanced scrutiny of qualifications, prior performance, and the credibility of proposed buildout plans.
Stakeholders should begin preparing now. Prospective applicants may wish to review their internal documentation, financial records, and deployment histories, and to consider how their organizations would substantiate readiness under a more rigorous review. Participation in the rulemaking will also be important. Comment opportunities will allow industry participants, rural advocates, state broadband offices, and other interested parties to help shape the standards, evidentiary expectations, and procedural safeguards that the FCC ultimately adopts.
On the same day, the President signed S. 1020, authorizing the Federal Energy Regulatory Commission to extend the construction commencement deadline for covered hydropower projects by an additional six years. Although directed at a different sector, the measure reflects continued congressional attention to long-lead infrastructure projects and the regulatory deadlines that govern them. Hydropower licensees with covered projects should evaluate how the extended timeline may affect project planning, financing, and compliance with related FERC obligations.
The matters discussed above involve developing regulatory processes and project-specific considerations. Clients should seek tailored legal advice before making decisions based on these enactments or planning their engagement in the related proceedings.