Federal Agency

In the second installment of the Information Technology and Information Foundation’s Access America series, Jess Dine discusses the challenges and opportunities of the Broadband Equity, Access, and Deployment (BEAD) program for the state of Michigan with Jessica Randall of Michigan’s broadband office. They talk about the way that Michigan intertwined BEAD's deployment mandate with broader inclusion and equity concerns in the Michigan State Digital Equity Plan.

It’s now clear that State Broadband Offices are going to put a lot of pressure on Broadband Equity, Access, and Deployment (BEAD) winners to spend grant awards and build networks as quickly as possible. Internet service providers (ISP) generally have the same goal, because getting customers quickly is the best way to make sure an ISP can pay for the network. However, there are numerous reasons why BEAD fiber construction might be delayed:

On June 28, the U.S. Supreme Court reversed a bedrock principle of administrative law called the Chevron doctrine. The vehicle was an opinion for two cases, Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce.

Federal Communications Commission Chairwoman Jessica Rosenworcel has shared with her fellow commissioners draft final rules that, if adopted, would strengthen the security of the nation’s public alert and warning systems—the Emergency Alert System and Wireless Emergency Alerts—against emerging cybersecurity threats. The Emergency Alert System delivers warnings to the public thorough radio and television. Wireless Emergency Alerts deliver warnings to consumers’ wireless phones.

The Federal Communications Commission has proposed new rules to reduce phone and video call rates for incarcerated people, a move that could dramatically reshape the business of prison telecom providers such as ViaPath Technologies and Avent

The US Supreme Court just overturned Chevron v. The Natural Resources Defense Council, a 40 year old precedent for how government works. This is big news for anyone interested in the way technology (and Big Tech) shape public policy, and vice versa. Why does Chevron matter? As ordained by our political system, Congress is supposed to set rules and regulations that protect our rights. In today’s world, no elected representative can be an expert on every topic where they are called to make a decision.

On May 20, Rep Sheila Cherfilus-McCormick (D-FL) wrote to Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel to express concerns regarding the Chairwoman's proposal to prohibit bulk-billing arrangements in multi-dwelling units. On June 10, Chairwoman Rosenworcel responded, explaining that the proposed rulemaking has the potential to "empower consumer choice and boost competition." "As you note in your letter, the last time the Commission revisited this issue was in 2010, when it found that these arrangements can predominately offer benefits to consumers.

There are a lot of regulations other than the ones created by or enforced by the Federal Communications Council. Anybody who builds fiber networks can describe the litany of state and local regulations involved in constructing fiber. Following are some of the primary kinds of such regulations—and there are others in some places:

Uncertainty breeds caution, especially when money itself costs more and is hard to get. But, with the $42 billion Broadband Equity Access and Deployment (BEAD) spigot set to turn on in about six months, deployments have actually slowed. Financing is indeed difficult, but not just because interest rates are high. The end of the Affordable Connectivity Program (ACP) in May ended a guaranteed cashflow that investors and lenders liked.

The Supreme Court reduced the authority of executive agencies, sweeping aside a longstanding legal precedent that required courts to defer to the expertise of federal administrators in carrying out laws passed by Congress. The precedent, Chevron v. Natural Resources Defense Council, is one of the most cited in American law. There have been 70 Supreme Court decisions relying on Chevron, along with 17,000 in the lower courts.