The Federal Communications Commission's Wireline Competition Bureau (WCB or Bureau) and the Office of Economics and Analytics (OEA) announced that Wavelength LLC, a Rural Digital Opportunity Fund (RDOF or Auction 904) long-form applicant, has defaulted. The Bureau has concluded its review of Wavelength’s long-form application in Arizona. The Bureau has determined that, based on the totality of the long-form application and its inadequate responses to the Bureau’s follow-up questions, Wavelength has failed to demonstrate that it is financially qualified to receive support to meet its RDOF program obligations in the areas where it has winning bids in Arizona. A defaulter is subject to a base forfeiture per violation of $3,000. A violation is defined as any form of default with respect to the census block group. In other words, there shall be separate violations for each census block group assigned in a bid. So that this base forfeiture amount is not disproportionate to the amount of a winning bidder’s bid, the FCC  has limited the total base forfeiture to 15% of the bidder’s total assigned support for the bid for the support term. 

By passing the Infrastructure Investment and Jobs Act (IIJA), the CHIPS and Science Act (CHIPS), and the Inflation Reduction Act (IRA), the 117th Congress approved over a trillion dollars in immediate appropriations and nearly $600 billion more in authorizations to invest in infrastructure, clean energy, climate resilience, and industrial policy. Given the complex challenges that rural communities face to achieve and sustain prosperity, we examined the provisions of this legislation to identify where rural places are statutorily included or where funding objectives are exceptionally relevant to rural community and economic development. Broadband funding has particular importance for rural communities, given the persistent gap in rural access. These resources focus on closing the gap in physical deployment as well as ensuring accessibility through initiatives such as the new Broadband Equity, Access, and Deployment (BEAD) program, which will allocate $42.5 billion to the states to distribute; the Affordable Connectivity Program, $14.2 billion to enable low-income households to subscribe to high-speed internet; and the three State Digital Equity Programs, worth $3.29 billion. The USDA ReConnect program received $1.9 billion in appropriations, which the department reported as financing $2.86 billion in loans and $140 million in technical assistance.

Verizon announced a $100,000 award to the Detroit Branch NAACP for the Digital Education, Training, and Access (E.T.A.) program. The partnership is part of the Verizon Forward Community Enhancement Award, a $1 million national initiative equipping communities with the tools to navigate an increasingly technological world. The Detroit Branch NAACP will partner with local organizations to provide technology-focused training to seniors and formerly incarcerated community members. Participants will learn how to use technology to access healthcare, banking, social services, social media, and employment opportunities. Additionally, 50 small business owners will be introduced to emerging technologies in operations, marketing, and financial management to support their growth and will receive a free one-year business management software subscription.

In October 2023, Governor Gavin Newsom (D-CA) signed the Digital Equity Bill of Rights. This is an interesting law that guarantees that Californians have the right to, among other things:

• Broadband that is sufficient and reliable and that can support basic digital needs like distance learning, telehealth, and remote working.
• Ubiquitous broadband that is available everywhere in the State, including rural areas, tribal lands, and all low-income neighborhoods. The legislation requires public investments in broadband to connect entire communities and address digital redlining.
• Affordable rates with broadband plans work for all Californians, regardless of geographic location or household income.

The big question for sweeping legislation of this scope is how the law translates into practical changes. I can think of several immediate consequences. First, any broadband grants or subsidies created by the State must be aimed at furthering these goals. The chances are that grants probably already did this to some extent, but after the passage of this law, the intent of grants will have to be more focused and specific. More subtly, this legislation is a directive to the California Public Service Commission on how it should regulate broadband. Over time this will create some interesting regulatory battles as the CPUC tries to influence or force ISPs to adhere to these principles. This new legislation provides cover for the CPUC to consider creating regulations for a range of issues, such as prohibiting redlining, requiring affordable rates, mandating workable emergency alert systems, and the many other possible regulations that might be created under this new and broad umbrella. This law does not directly create any regulations, but it provides a framework for California regulators to tackle issues that they might have been cautious about tackling.

Schools across the country are under attack, increasingly held hostage to ransomware and other vicious online assaults costing more than $10 billion a year in downtime alone. Contracts, tax forms, and passports, along with social security numbers, birth dates, and addresses for students, parents, and staff are up for grabs on poorly secured networks that are easily taken hostage. This is why more than 1,100 school districts, along with nearly two dozen groups, signed a letter asking the Federal Communications Commission (FCC) to react now. The FCC recently announced a three-year, $200 million trial to study how to best help schools secure themselves, but advocates for improved cybersecurity for schools said there's a much quicker and more efficient way to help schools immediately. The FCC collects $3 billion every year in fees from telecommunications companies to help schools build out their broadband networks. Cybersecurity advocates say some of that money could be used to help schools secure those networks right now, if the FCC agreed to make immediate adjustments to the framework for the use of those funds.

“The initial build of the FirstNet network was done on time, on budget and on task.” With those words, the First Responder Network Authority Board Chair Chief Richard Carrizzo confirmed and validated the successful completion of the initial 5-year buildout of FirstNet, America’s public safety broadband network. The journey to this moment has been remarkable—it started with the development of custom FirstNet state plans for all 50 states, the District of Columbia, and the 5 US territories. Through our public-private partnership, and close collaboration with the public safety community across the country, we have achieved many milestones, with completion of the initial phase of buildout of FirstNet representing a defining accomplishment. FirstNet is one of the most significant infrastructure programs in our county, and it has delivered for America’s first responders on time and on budget. Every US state, territory and the District of Columbia benefits from the FirstNet infrastructure investment. Additionally, the FirstNet Authority’s licensed Band 14 spectrum was deployed across the country to give all first responders—career or volunteer; federal, tribal, state or local; urban, suburban or rural—the dedicated connectivity they require when and where they need it.