Federal

Our goal to “ensure that every person in every community, of every geography and income, has access to modern telecommunications service” has been the North Star of the Federal Communications Commission since its creation in 1934.

Although the Federal Communications Commission did not have its auction authority for most of 2023, some important events came to pass. The wireless industry lobbied much of the year for reallocation of spectrum in the 3.1-3.45 GHz band, which didn’t happen. The Biden Administration delivered a plan for a National Spectrum Strategy, which includes further study of the 3.1-3.45 GHz band.

The Universal Service Fund (USF) – which financially supports several of the Federal Communications Commission's high-cost and low-income broadband programs, at roughly $8 billion annually – has been going through a tough time. This past year saw the USF dragged before federal court in cases brought by a conservative public interest group questioning the fund's legality. The Fifth and Sixth Circuit courts initially ruled against the petitioners, but the Fifth Circuit then agreed to hear the case en banc in September and has yet to rule.

Broadband funding really got rolling in 2023, as the federal government began the process of its $42.5 billion Broadband Equity, Access and Deployment (BEAD) Program. To help states and territories with their challenge process, in April, National Telecommunications & Information Administration (NTIA) released draft guidance that expands upon the Notice of Funding Opportunity (NOFO) issued in May 2022. States got their BEAD allocations, with the highest funding amounts going to Texas ($3.31 billion), California ($1.86 billion), Missouri ($1.74 billion), Michigan ($1.56 billion) and North

Washington is battling over whether to keep the Affordable Connectivity Program (ACP) going — potentially cutting off more than 22 million households from a subsidy they’ve come to rely on. The ACP launched with bipartisan support in 2020, but is now trapped in a partisan war between Democrats who want to renew it, and Republicans worried it will let President Joe Biden take too much of a victory lap during a campaign year. If Congress can’t find a way to fund the program by spring, the federal government will have to quickly unwind it.

The National Telecommunications and Information Administration (NTIA) met virtually with Federal Communications Commission staff on December 21, 2023 to discuss the Section 706 Report Notice of Inquiry. NTIA expressed its strong support for the FCC’s important work to assess whether broadband is being deployed to all Americans in a reasonable and timely fashion, and offered its assistance as the FCC works to identify appropriate methodologies and data sources for use in conducting this assessment.

With this Report and Order, the Federal Communications Commission brings to a close the 2018 Quadrennial Review proceeding. In this Order, the FCC retains the existing media ownership rules and adopts minor modifications that better tailor them to the current media marketplace.

The Federal Communications Commission hereby defers the commencement of the next five-year deployment obligation term for legacy rate-of-return carriers receiving Connect America Fund Broadband Loop Support in 2024 until January 1, 2025, while it considers general program reforms in the ongoing Notice of Proposed Rulemaking proceeding.

The Infrastructure Investment and Jobs Act (IIJA), enacted in November 2021, supplies funding for robust investment in American infrastructure projects.

The National Telecommunications Information Administration (NTIA) released a Policy Notice providing guidance on the application of the Uniform Guidance in the $42.45 billion Broadband Equity, Access and Deployment (BEAD) Program. This Policy Notice reflects NTIA’s latest step to create the conditions necessary for building high-speed networks that connect everyone in America to affordable, reliable, high-speed Internet service. The Uniform Guidance is the Federal Government’s framework for grants management, providing rules and requirements for Federal grant programs.