Rarely does Congress speak as definitively and clearly as it did with Section 1754: ordering the Federal Communications Commission, within 2 years to enact regulations to “eliminate” existing digital discrimination on the basis of “income level, race, ethnicity, color, religion, or national origin” and to prevent it from recurring in the future. The FCC should interpret this instruction for what it is: a rebuke of the last 25 years of failed policies and “light touch” regulation under the apparent delusion that for the first time in 90 years “the market” would bring universal service to all Americans without FCC action. In the Telecommunications Act of 1996, Congress explicitly prohibited discrimination on the “basis of race, color, religion, national origin, or sex,” and required the FCC to ensure “timely” deployment of broadband to all Americans. But 25 years later, Congress was forced to find that the “persistent digital divide . . . disproportionately affects communities of color, lower-income areas, and rural areas, and the benefits of broadband should be broadly enjoyed by all.” Unsurprisingly, carriers and their allies have sought to obscure and undermine the Congressional mandate to shift from a regime of “hopes and prayers” to one of rules and enforceable rights. They urge the FCC to adopt the most toothless, least effective regulations possible. Essentially they ask the FCC to treat Section 60506 of the Infrastructure Investment and Jobs Act as it treated Section 706 of the 1996 Act before it, as a “hortatory” but ultimately meaningless provision. The Commission should reject these efforts as contrary to the plain language of the statute and the record compiled in response to the Notice of Inquiry supporting Congress’ finding of a persistent digital divide that disproportionately impacts low-income communities and communities of color.

The Infrastructure Investment and Jobs Act (IIJA) provides the federal government with the resources necessary to close the digital divide based on lack of service in certain geographic areas and make broadband available to all Americans. ITIF appreciates this opportunity to comment on how the Federal Communications Commission’s Notice of Proposed Rulemaking should implement the provisions of the IIJA related to purported “digital discrimination.” The FCC’s primary goal in this rulemaking should be adherence to the text of the statute and to close the digital divide. For these reasons, the FCC should pay close attention to the structure of the statute and the impact its policies would have on the statute’s goals.

The US Department of the Treasury announced the approval of high-speed internet projects in three additional states under the American Rescue Plan Act's (ARPA) Capital Projects Fund (CPF): Arizona, Tennessee, and Wyoming. Together, these states will use their funding to connect nearly 190,000 homes and businesses to affordable, high-speed internet. A key priority of the CPF program is to make funding available for reliable, affordable high-speed internet infrastructure, advancing President Biden’s goal of affordable, reliable, high-speed internet for everyone in America. In accordance with Treasury’s guidance, each state’s plan requires service providers to participate in the Federal Communications Commission’s Affordable Connectivity Program (ACP). 

• Arizona is approved to receive $99.4 million for high-speed internet infrastructure, which the state estimates will connect an estimated 127,807 households and businesses to high-speed internet access. The Arizona Broadband Development Rural Infrastructure Grant program (ABDG-Rural) is a competitive grant program designed to expand high-speed broadband in the state’s thirteen rural counties. 
• Tennessee is approved to receive $185 million for high-speed internet infrastructure, which the state estimates will connect an estimated 50,000 households and businesses to high-speed internet access. Tennessee’s Last Mile Connection program is a competitive grant program designed to provide service to remote areas of the state where internet infrastructure projects would not be feasible without assistance. 
• Wyoming is approved to receive $70.5 million for high-speed internet infrastructure, which the state estimates will connect an estimated 11,700 households and businesses to high-speed internet access. Wyoming’s award will fund the Connect Wyoming grant program, a competitive grant program designed to fund last mile broadband infrastructure projects in areas throughout the state that currently lack access to internet at speeds of 100/20 Mbps to facilitate access to work, education, and health monitoring. 

Educational excellence. A 21st century economy. Protecting communities. Fiscal responsibility. Happy and healthy citizens. These were the top five priorities of former-Governor Doug Ducey (R-AZ) in early 2018 when the Arizona Department of Administration released the Arizona Statewide Broadband Strategic Plan. But those priorities would go unrealized, the plan warned, without equal, affordable, and reliable broadband access with robust, resilient infrastructure for all citizens. Over the last 20 years, the Arizona state government and several entities in Arizona have worked hard on expanding affordable high-speed broadband access for its citizens. Although there has been progress, too many people in the state still lack access.

Since its launch several years ago, we expected 5G to be the next, big bang in wireless. Like with 3G and 4G, we expected it to sweep across the industry, changing our lives. Instead, it has disappointed users, so far at least. What is the problem with this new technology, and will it get any better before 6G comes knocking at the door? While 5G is incredibly important, it is simply not showing the immediate growth we expected. Some of the leaders in the wireless revolution are starting to make some changes in their marketing messages. One of the main problems is getting the user to buy in, and getting new technology to enter as we saw with Uber and Lyft car service, or wireless pay TV or music and videos with 3G and 4G. I believe 5G is an important stepping stone into the future. However, we are still in the transformative stages, so the benefits of this new technology may take a while to show up in our everyday lives.

Starry, a licensed fixed wireless technology developer and internet service provider, and its US affiliates and subsidiaries announced that they have filed voluntary petitions for relief under Chapter 11 of the US Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware and have entered into a Restructuring Support Agreement (the “RSA”) with lenders holding the Company’s debt. The RSA contains agreed-upon terms for a pre-packaged financial restructuring plan that is expected to significantly reduce the Company’s debt, optimize the Company’s capital structure and liquidity, and ultimately, better position Starry for success. Starry’s customer and network operations during this restructuring process will continue as normal within its five core operating markets: Boston, New York City, Los Angeles, Denver, and Washington, DC. The Company plans to move swiftly through the restructuring process. The Company has filed various “first-day” motions with the Court requesting customary relief, including a motion for approval of a $43 million debtor-in-possession (“DIP”) financing facility that is expected to provide Starry with the necessary liquidity to continue its normal business operations and meet its post-filing obligations to its employees, customers, and vendors. Pursuant to the RSA, the Company anticipates closing on a debt-for-equity restructuring with the lenders but will first conduct a marketing and auction process to identify any other potential bidders for its business. Starry has filed motions seeking Court approval of bidding and auction procedures.