Infrastructure Investment and Jobs Act

With the Infrastructure Investment and Jobs Act of 2021 providing sufficient funding to deploy broadband to nearly every household in the nation, the Digital Discrimination provisions contained in Section 60506 of the statute are a curiosity. Nonetheless, Congress directed the Federal Communications Commission to write rules implementing the statutory provision. The FCC recently released draft final rules implementing Section 60506 in anticipation of its November 2023 Open Meeting which adopt a somewhat standard disparate impact analysis.

The Broadband Equity, Access, and Deployment (BEAD) Program—established by Congress in the Infrastructure Investment and Jobs Act—gives priority to projects that will result in broadband internet access service being offered in areas where service wasn't available before. Given that federal funds will provide 75 percent of the costs to deploy these networks, the chances that competing networks will be built at any time in the foreseeable future are very slim.

In the Infrastructure Investment and Jobs Act, Congress requires Broadband Equity, Access and Deployment (BEAD) Program subgrantees (the entities that will build and maintain the new broadband networks) to offer "at least one low-cost broadband service option for eligible subscribers." Congress tasked the National Telecommunications and Information Administration (NTIA), which oversees the BEAD Program, to define who the eligible subscribers are—and left it to states, territories, and the District of Columbia (known as "Eligible Entities") to define what low-cost broadband service options a

We write to urge the National Telecommunications and Information Administration (NTIA) to make the Broadband Equity, Access, and Deployment (BEAD) program more accessible to unconnected regions across the country by considering alternatives to the program’s irrevocable standby Letter of Credit (LOC) requirement. One alternative to the LOC requirement is the use of performance bonds, which are commonly used in construction projects.

Simply put, if a household is receiving federal housing assistance, that household should be connected. We’ve made great progress getting eligible households connected. Through the Federal Communications Commission and Department of Housing and Urban Development’s ongoing partnership, we have made it easier than ever to enroll in the Affordable Connectivity Program. But there is more work to do. Approximately 5 million households receive federal housing assistance and are eligible for ACP.

AARP urged Congress to support critical funding, included in the President’s domestic supplemental request, for the Affordable Connectivity Program (ACP). Affordable high-speed internet service is especially important for older Americans, many on fixed incomes, who have too often been left behind. The ACP, created by the bipartisan Infrastructure Investment and Jobs Act, has helped more than 21 million households—including 9.3 million age 50 and older—get and stay online.

The United States is no stranger to wildfires. These fires can ignite utility poles, melt aerial fiber optic cables, obscure wireless signals, or damage transmitting or receiving equipment. This kind of damage can cut homes off from key public safety resources, and prevent calls for help in the most dire situations. As states now know their share of the $42.5 billion Broadband, Equity, Access, and Deployment (BEAD) program, they should begin planning new network deployments and upgrades to withstand increasingly severe natural disasters.

The Kansas Office of Broadband Development’s goal is to ensure that no Kansan is left behind in the digital world. Kansas's draft Digital Equity Strategic Plan outlines specific strategies and objectives to achieve this goal, including digital skills training, affordable service plans, and broadband-ready devices as top priorities.

The upside to the House GOP’s 22 days of paralysis is that the election of Speaker Mike Johnson offers a reset.

On October 2, AEI hosted an expert panel to discuss how price controls might affect broadband affordability and ways to ensure broadband is affordable for all Americans. The panel featured New Street Research’s Jonathan Chaplin, Duke University’s Michelle P.