Nicole Ferraro

Requirements for forthcoming consumer broadband labels are nearly finalized, but a new batch of Federal Communications Commission filings shows there are still key points of disagreement between public interest groups and industry organizations representing internet service providers (ISP). Consumer advocates including Next Century Cities and Consumer Reports expressed opposing views from industry groups like NTCA–The Rural Broadband Association and the Wireless Internet Service Providers Association (WISPA) on some of those matters. Here are some of those remaining sticking points:

The National Telecommunications and Information Administration (NTIA) is still working to provide additional guidance on the Broadband, Equity, Access and Deployment (BEAD) Program, which is expected to kick off in earnest when the NTIA issues funding allocations for each state and territory on June 30. Among the unresolved questions include what flexibility there will be around the "Buy America" requirement on the BEAD program, which the NTIA recently recommitted to after President Joe Biden raised the topic in his State of the Union speech. Other remaining concerns amongst service provide

Roger Timmerman, CEO of Utopia Fiber, called out the "army" of lobbyists that are keeping broadband speed standards down in the US. "The problem is we've got an $8 million a week lobbying effort from big telecom, and so anytime the federal government – or even now at the state level – when any of them try to raise that bar for the standard of what consumers need for broadband, there's an army of lobbying that goes up and opposes that.

The Federal Communications Commission is contracting communications firm Porter Novelli Public Services (PNPS) to carry out a "consumer education plan" in order to broaden public awareness of the Affordable Connectivity Program (ACP). The FCC detailed its plans to work with PNPS in a contract opportunity posted on Sam.gov, with an award date of February 1, 2023.

Whether or not the US closes its digital divide may come down to the fate of the Affordable Connectivity Program (ACP): the $14.25 billion program currently subsidizing broadband by $30/month for over 15.7 million households (up to $75 on tribal lands). That's the view of the National Urban League (NUL).

The Second Circuit Court of Appeals heard oral arguments in a case regarding New York's Affordable Broadband Act, a 2021 law that would have mandated that internet service providers (ISPs) offer a $15 service option for low-income consumers. That law, signed by former Governor Andrew Cuomo (D-NY), was quickly put on ice when industry groups representing ISPs sued the state. But New York appealed that decision, with support from consumer groups and other states, bringing the parties back to court.

The National Telecommunications and Information Administration (NTIA) has made multiple announcements releasing funds to help states develop plans for the Broadband Equity, Access and Deployment (BEAD) program. With dollars in hand or incoming, a ticking clock, and few internal resources, several states are now turning to consultants for help. States have 270 days from receipt of planning funds to submit a five-year action plan to NTIA on how they will structure their BEAD and digital equity programs to close their digital divides.

The 117th Congress is nearing its end. There are still several broadband policy issues and related matters for Congress to sort out. Meanwhile, the current Congress has few working days left in 2022—and still needs to pass a budget for 2023—and it's unclear how much legislation will reach President Biden's desk when Republicans gain the House majority in January. Here are two policy matters to watch for the remaining days of this Congress:

With just over a month remaining until the Federal Communications Commission's deadline for broadband map challenges, the Schools, Health & Libraries Broadband (SHLB) Coalition is raising concerns over how the map displays community anchor institutions (CAIs) and is asking the FCC to revise its process.

Louisiana officials have rejected a protest from Cable One's Sparklight which aimed to stop the state from awarding a $4 million grant to Conexon to build fiber broadband to 851 locations in East Carroll Parish (LA). Conexon was one of several service providers to receive broadband infrastructure grants through Louisiana's Granting Unserved Municipalities Broadband Opportunities (GUMBO) program as part of a $130 million funding round.