Infrastructure Investment and Jobs Act

Now that the federal Affordable Connectivity Program has run out of money, advocates for it are calling on the passage of a new funding bill—and some changes to the program. The Affordable Connectivity Program (ACP) was part of the landmark 2021 Infrastructure Investment and Jobs Act.

The Senate Commerce Committee scrapped plans for a markup of wireless spectrum auction legislation that had already been punted several times. Sen Maria Cantwell (D-WA), attributed the markup’s cancelation to Sen Ted Cruz (R-TX).

Much has been written about 2024 being the “year of execution” for Broadband Equity, Access, and Deployment. This has led many to believe that 2024 will see BEAD dollars put to work to connect homes that lack broadband access.

Your written testimony noted various affiliations. Which companies that receive ACP have you or your employers received funding from since the program’s inception?

Though the challenge process for the Broadband Equity, Access, and Deployment (BEAD) Program is intended to create more accurate broadband maps, the Institute for Local Self-Reliance (ILSR) warns that the opposite may happen. If, during the challenge process, a local broadband provider promises they can provide speeds and services in a particular community—but are overstating their abilities or simply making false claims—the resulting broadband coverage maps will be less accurate.

The Department of Commerce’s National Telecommunications and Information Administration (NTIA) has approved Kentucky and Maine’s Initial Proposals for the Broadband Equity, Access, and Deployment (BEAD) program, a cornerstone of the Biden-Harris Administration’s “Internet for All” initiative. This approval enables Kentucky and Maine to request access to funding and begin implementation of the BEAD program—a major step towards closing the digital divide and meeting the President’s goal of connecting everyone in America with affordable, reliable, high-speed Internet service.  

At a recent Senate Commerce Committee hearing, one of the witnesses produced a study (the EPIC study) that concluded that ACP led to inflation in broadband services. In addressing your question of which studies Congress should rely on, I think the EPIC study demonstrates the very problem you raise.

The impossible has happened: A welfare program ended. Congress created a web-welfare program on an “emergency” basis during the Covid pandemic, and, in classic Washington form, politicians tried to make it permanent. They rebranded it the Affordable Connectivity Program (ACP) and gave it billions in extra funding. The ACP paid its last benefits on May 31, and all funding for it has been exhausted. Are millions of people losing internet access? No. We knew that wouldn’t happen, even though ACP supporters were fearmongering that it would.

Everywhere I look I see Broadband Equity, Access, and Deployment (BEAD) grant rules that are doing what I call regulating by grant. State Broadband Offices are creating grant rules that go far beyond adhering to National Telecommunications and Information Administration (NTIA) guidelines. They are insisting on grant rules which are intended to achieve social policies. I’m highlighting two such items buried inside Iowa's BEAD rules. The first requirement is in paragraph 1.3.18 of the Notice of Funding Availability (NOFA) and concerns having a low-price option for low-income subscribers.

At her first Federal Communications Commission meeting since gaining Senate confirmation, it became clear that Commissioner Anna Gomez would be a changemaker.