Legislation

A federal effort to map out and better understand who in America has decent internet and who does not is already getting challenged by those in the know, including the Colorado Broadband Office, which has submitted 13,000 challenges of the data. The map is just two weeks old. And the state isn’t done challenging the data collected by the Federal Communications Commission, said Brandy Reitter, executive director of the state’s broadband office. “Thirteen thousand is a lot but likely doesn’t include all missing locations,” Reitter said.

Cox Communications has filed a formal protest over Escambia County’s (FL) decision to select the Escambia River Electric Cooperative for a rural broadband project.

The 117th Congress is nearing its end. There are still several broadband policy issues and related matters for Congress to sort out. Meanwhile, the current Congress has few working days left in 2022—and still needs to pass a budget for 2023—and it's unclear how much legislation will reach President Biden's desk when Republicans gain the House majority in January. Here are two policy matters to watch for the remaining days of this Congress:

The Federal Communications Commission voted recently to implement consumer broadband labels. The pricing information alone must be giving shivers to the marketing folks at the biggest broadband providers. The requirement that I think will be the most controversial is the requirement to disclose the typical broadband speed and latency. Some providers will have a real dilemma with the speed disclosure. Some of the dilemmas include the following:

I added US territories as recipients of the Broadband Equity, Access, and Deployment (BEAD) allocation dollars based on their number of unserved locations in addition to the minimum fixed allocation (see). The upshot is Puerto Rico has 212,70 unserved locations, 18% of its total, and an estimated $874 million allocation, which is significant. The other territories don’t change the numbers materially because we don’t see them as having unserved locations.

In the 2018 Georgia gubernatorial race, then-Secretary of State Brian Kemp (R-GA) highlighted, "With 25 percent of rural residents without access to high-speed internet, bringing this access to all of Georgia is a fundamental component of our plan to strengthen rural Georgia." In a plan he called A New Day for Rural Georgia, Kemp committed to improving healthcare, education, and economic growth facilitated by access to broadband.

A panel of the United States Court of Appeals for the Fifth Circuit explored what would happen if the Federal Communications Commission's fee collection to support telecommunications subsidies were overturned, as they dissected the legality of giving the Federal Communications Commission and the Universal Service Administrative Company (USAC) power to levy the fees.

The Federal Communications Commission appointed Burt Cohen, Staff Attorney and Broadband Coordinator for the State of Connecticut, Office of Consumer Counsel, to serve as the State Consumer Advocate representative on the Federal-State Joint Board on Universal Service. This appointment fills the position recently vacated by the William “Bill” Vallee of the Connecticut State Office of Consumer Counsel. 

It has been just over a year since the Digital Equity Act (DEA) was signed into law as part of the Infrastructure Investment and Jobs Act (IIJA), and the $2.75 billion it provides is a once-in-a-generation opportunity to design systems that will enable true digital equity. Congress and the National Telecommunications and Information Administration outlined specifics for states to include in their digital equity plans.

With $37 billion of the $42 billion in Broadband Equity, Access, and Deployment (BEAD) program based on the number of locations unserved by broadband, accurately measuring who is unserved is critical — both for the allocation of funds, but, more importantly, so people without access to real broadband can be connected.