Federal Communications Commission

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

When Congress created the $42.5 billion Broadband Equity, Access, and Deployment Program (BEAD) and $14.25 billion Affordable Connectivity Program (ACP) in the Infrastructure Investment and Jobs Act (IIJA), it also enacted Section 60506 of that law, which directs the Federal Communications Commission to “prevent[ ] digital discrimination of access based on income level, race, ethnicity, color, religion, or national origin.” Congress enacted this non-discrimination statute based on mounting evidence that low-income people and people of color are more likely to live in monopoly broadband area

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.

Evan Feinman, director of the National Telecommunications and Information Administration’s $42.5 billion Broadband Equity Access and Deployment (BEAD) program, said states have the opportunity to correct some of the deficiencies of the Federal Communications Commission's National Broadband Map by running their own challenge process. He noted, for example, that “communities will be able to bring forward large numbers of speed tests” – a move that could address concerns about the accuracy of the availability data that service providers are reporting.

The Federal Communications Commission, the US Department of Agriculture (USDA) and the National Telecommunications and Information Administration (NTIA) (collectively, the Agencies) entered into an interagency agreement to share information and coordinate for the distribution of funds for broadband deployment. The FCC’s experience with the Interagency Agreement, as well as the record, demonstrate that the Interagency Agreement has significantly facilitated efficient use of federal funds for broadband deployment.

Peter Dresslar, a broadband and digital equity consultant for both the Commonwealth of the Northern Mariana Islands (CNMI) and American Samoa, is of two minds. While he knows that the Federal Communications Commission is working as hard as it can to deliver accurate broadband maps to the country, some of the oversights in the mapping of the Pacific Territories have been darkly comic.

Here is an overview of the major federal funding vehicles for broadband that are helping to fuel the broadband investment cycle and are aimed at closing the digital divide so that all Americans have access to high-speed, reliable, affordable broadband:

On December 22, 2022, members of the US Senate wrote to Federal Communications Commission Chairwoman Jessica Rosenworcel urging the FCC and the National Telecommunications and Information Administration (NTIA) to extend the deadline to submit location and availability challenges to the FCC’s broadband maps by at least 60 days, or until March 14, 2023.

In 2023, broadband policy debates will center on how states expend tens of billions of dollars to deploy broadband networks in unserved and underserved areas, most through the Broadband Equity, Access, and Deployment (BEAD) Program. But that will not be the most consequential broadband deployment of the year.

The Federal Communications Commission is investigating whether broadband-service providers exaggerated their level of coverage to authorities preparing to distribute billions of dollars in subsidies. At issue are claims by carriers that they already provide high-speed internet service to rural and other underserved areas where it’s not actually available. The Biden administration is awarding $42.5 billion to increase access in these locations. Areas served and unserved are being marked on a map compiled by the FCC.