Infrastructure Investment and Jobs Act

We write in response to your recently circulated Draft Order on “Digital Discrimination” that would turn section 60506 of the Infrastructure Investment and Jobs Act (IIJA) into a sweeping mandate for heavy-handed Internet regulation and expose every nook and cranny of the broadband business to liability under a “disparate impact” standard. Your Draft Order, which largely follows a Biden administration diktat, will create crippling uncertainty for the U.S. broadband industry, chill broadband investment, and undermine Congress’s objective of promoting broadband access for all Americans.

We, the undersigned groups, write to emphasize the dire need for Congress to pass 6 billion dollars in supplemental funding to sustain the Affordable Connectivity Program (“ACP”) through the end of 2024. As of October 25, 2023, the Biden-Harris Administration requested Congress to appropriate emergency funding for critical domestic issues, including $6 billion earmarked for ACP to ensure eligible households across the country remain connected online.

Minnesota's Office of Broadband Development announced the public comment period for the State's Draft Broadband Equity, Access and Deployment (BEAD) program, Initial Proposal (Volumes I and II) for the National Telecommunications and Information Administration (NTIA). Public comments on the BEAD Initial Proposal Volume 1 & 2 can be submitted online by completing this form. All comments must be received by 4:00 p.m. CDT, Tuesday, December 12, 2023.

From November 1 to December 2, 2023, all Maryland residents are encouraged and invited to read the State’s draft Digital Equity Plan​ to share their feedback and recommendations. Maryland’s Digital Equity Plan will serve as the state roadmap to achieve digital equity over the next five years. The Office of Statewide Broadband will incorporate feedback received from the public during the open comment period, and will publish the final plan afterwards.  

The Federal Communication Commission’s new Democratic majority is up and running and firing in all directions. The FCC plans to vote on a proposed “digital discrimination” rule. In the name of equity, Democratic Commissioners will make internet service worse. The agency will hold broadband providers liable for actions or “omissions” that result in a disparate impact on an identity group.

The Oklahoma Broadband Office (OBO) released the state's draft Digital Equity Plan with one goal in mind: to fulfill Oklahoma's Digital Promise. That promise, more specifically, is to ensure all Oklahomans can access and use affordable internet to advance health care, education, business, agriculture, public safety, and community development.

I write regarding reports from my home state—the commonwealth of Pennsylvania—of payment issues with the Affordable Connectivity Program (ACP). As my colleagues and I work to find long-term funding solutions for ACP, both the FCC and companies that administer and benefit from ACP must do right by Americans who rely on the it. I’ve heard from constituents across the commonwealth that some of these households have encountered issues receiving their benefits. Specifically, some service providers are requiring that users show proof of one month of service before qualifying for the discount.

Two years ago, President Biden signed the Infrastructure Investment and Jobs Act—a once-in-a-generation investment in America’s infrastructure and competitiveness. Since then, the Biden-Harris Administration has been breaking ground on projects to rebuild our roads and bridges, deliver clean and safe water, clean up legacy pollution, expand access to high-speed internet, and build a clean energy economy.

On April 25, 2023, the Government Accountability Office (GAO) released a report entitled “Broadband Speed: FCC Should Improve its Communication of Advanced Telecommunications Capability Assessments.” The report examines the extent to which the Federal Communications Commission (FCC) has communicated how it reviews its minimum fixed-broadband speed benchmark, and how it determines whether to update the benchmark, and the extent to which the minimum speed requirements of selected federal and state broadband programs differ from the FCC’s benchmark, and stakeholders’ views on any implications

As the past few years have made clear, access to high-speed broadband is critical to daily life. While the biggest broadband provisions of the bipartisan Infrastructure Investment and Jobs Act (IIJA) focused on building physical broadband networks, legislators clearly understood all the infrastructure in the world would be meaningless if those struggling financially couldn’t afford connectivity.