Mapping Legislation Creates Risk for Schools, Libraries, and Healthcare Providers

Congress is on the verge of passing legislation to improve broadband maps. Unfortunately, tucked inside the “Broadband DATA Act” is a provision that could unintentionally jeopardize broadband funding for schools, libraries, and healthcare providers. The Broadband DATA Act is well-intended – we do need better maps to identify those unserved areas that need broadband funding so that everyone in the country can access affordable broadband. Unfortunately, both the Senate bill (S. 1822) and the House bill (H.R. 4229) say that the FCC “shall . . .use the maps . . . when making any new award of funding with respect to the deployment of broadband internet access service” [emphasis added]. The reference to “any new award of funding” is not limited to residential and small business consumers, so the FCC may have to use these maps when awarding E-rate and Rural Health Care (RHC) funding as well. Of course, how the FCC would use these maps for E-rate and RHC funding is uncertain, but the provision opens the door to limiting E-rate and RHC funding only to those areas deemed “unserved”.  If so, this would be a major change in policy that has been neither debated nor publicized.