Infrastructure Investment and Jobs Act

An appealing way to finance fiber builds is through asset-backed securities (ABS). However, this is only available to established companies that actually have fiber assets, which they can leverage to secure a lower cost of debt. It’s not something available to new entrants in the fiber space. Since the introduction of the Broadband Equity Access and Deployment (BEAD) program, many private equity (PE) investors have entered the fiber market.

The pace of US broadband subscriber growth slowed considerably in the first quarter of 2024 as fiber, fixed wireless access (FWA) and cable broadband service providers collectively turned in results that were worse than what they posted in the year-ago period. Total industry net additions, including or excluding FWA and geosynchronous (GEO) satellite broadband providers, decelerated noticeably in Q1 2024.

Lawmakers are butting heads over a provision within the Broadband Equity Access and Deployment (BEAD) program that allows states to require low-cost service options from participating service providers. Democrats are calling it an affordability policy. Republicans say it's heavy-handed government regulation. As part of the BEAD planning process, the National Telecommunications and Information Administration (NTIA) is considering each state’s definition of a low-cost option, provided that it meets the standards laid out in the program’s statute.

Evan Feinman, director for the Broadband Equity, Access and Deployment (BEAD) program with the National Telecommunications and Information Administration, provided an update on the program. All states have submitted their Volume 1 proposals to NTIA, and Feinman said that nearly all Volume 1 proposals are approved. A check of NTIA’s Progress Dashboard today shows that only Florida, Maryland and Minnesota have yet to have their Volume 1s approved.

I have been asked my opinion several times about Rural Digital Opportunity Fund (RDOF) amnesty—letting RDOF winners walk away from their obligations without big penalties. There is no easy answer to the question. It’s certainly a timely topic, since we are seeing internet service providers (ISPs) walk away from RDOF. There are several good arguments to be made that favor some kind of amnesty.

On May 16, 2024, Federal Communications Commission Chairwoman Jessica Rosenworcel appeared before the House of Representatives Financial Services and General Government Subcommittee to review the Federal Communications Commission’s Fiscal Year 2025 budget request. The Chairwoman highlighted some of the FCC's critical work, including the National Broadband Map and efforts to stop robocalls. She also emphasized the need for the FCC's spectrum auction authority to be reinstated, and spoke about the impending end of the Affordable Connectivity Program.

Digital equity cannot be fully realized without the participation of educational institutions, including K-12 public schools, community colleges, historically black and other minority serving colleges and universities, and extension programs. Many state digital equity plans embrace education and potential collaborations with educational institutions. All states acknowledge that digital equity is critical to education.

The 2021 Infrastructure Investment and Jobs Act (IIJA) provides $42.45 billion in grant funding to states via the Broadband Equity Access and Deployment Program (BEAD). IIJA also underscores that any state receiving these funds may not exclude local governments from applying to use these funds to build their own broadband networks.

The Affordability Connectivity Program, a federal program that helped lower-income households pay their Internet bills and connect to the Internet, fully expires at the end of May, but Rep Kathy Manning (D-NC) is calling for it to continue. Rep Manning enlisted Guilford County and Rockingham County schools superintendents and State Senator Michael Garrett (D-27), to help make the case. Rockingham County Superintendent John Stover said the school district invested effort and dollars, alongside other partners, toward expanding infrastructure for families to access the Internet in the county.

On May 15, the House Subcommittee on Communications and Technology held a hearing titled “The Fiscal Year 2025 National Telecommunications and Information Administration Budget.” House Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee Chair Bob Latta (R-OH), and Assistant Secretary of Commerce for Communications and Information Alan Davidson all delivered remarks.