Legislation

On May 7, 2024, the Federal Communications Commission released a Declaratory Ruling reclassifying “broadband Internet access service” (BIAS) as a “telecommunications service” subject to the jurisdiction of the FCC under Title II of the Communications Act. It was accompanied by an Order removing BIAS from most Title II regulations and a Report and Order applying a set of Open Internet rules to BIAS providers.

As lawmakers debate funding for the Affordable Connectivity Program, a bipartisan group of senators introduced legislation that would change the program in an effort to win more support for it and possibly improve its long-term viability. A group of senators introduced legislation that would revise eligibility criteria, among other things. The compromise is seen as necessary to win over skeptics of the program.

Despite the challenges we’ve faced, we’ve emerged stronger and poised for future growth. Investing in high-speed internet is an Administration-wide priority, with a goal of connecting every American by 2030. It’s a key example of our agenda to expand our economy’s capacity to produce in order to drive growth while increasing opportunity for people and places that haven’t had enough of it.

On May 9, 2024, Senator Ben Ray Luján (D-NM) introduced new legislation to strengthen the Affordable Connectivity Program (ACP), complete the equipment removal of China-based telecommunications companies, Huawei and ZTE, and allow the Federal Communications Commission to auction certain spectrum licenses to create more responsive networks for consumers. The bill would:

If all goes well, the $42.5 billion in BEAD funding that Congress allotted in the Infrastructure Investment and Jobs Act should be enough to extend broadband coverage across the country. But it will depend on how states and territories use the money. The first half of 2024 is a critical juncture as states solicit feedback and approval of their Initial Proposals from the National Telecommunications and Information Administration (NTIA), which administers the BEAD program.

The National Digital Inclusion Alliance has warned policymakers about digital redlining, a discriminatory practice that prevents certain populations from having internet access, since 2017. Thanks in part to these warnings and advocacy efforts, the creation of digital discrimination rules was mandated in the Infrastructure Investment and Jobs Act.

Rules for the $42.5 billion Broadband, Equity, Access, and Deployment (BEAD) rural broadband funding program give individual states considerable leeway in how they define project areas—and broadband providers applying for funding should expect to see considerable variation from one state to the next. Depending on the state, providers may even be able to define their own project areas. There is considerable variation among states that are allowing providers to define their own project area. For example, Louisiana established clusters of Hex9s, which the state calls sub project areas (SPAs).

A delegation of US Congress members part of the Congressional Western Caucus and House Commerce Committee was in Bakersfield (CA) on May 10. At a nearly two-hour field hearing, Central Valley farming representatives joined rural internet service providers in highlighting the importance of high-speed connectivity to precision agriculture as well as poor communities reliant on computers for health care, education and remote work. While there was little question how vital internet service has become to rural areas, the underlying question was what role the government should have in not only he

Treasury Secretary Janet Yellen visited a recently completed Comcast rural broadband project in Stafford County, Virginia, highlighting that this is a public-private project between Comcast and the county. The giant cable company is involved in public-private partnerships across its national footprint. For years cable operators such as Comcast, Charter and Cox have fought hard against municipal broadband projects, always crying that it’s wrong for taxpayer dollars to compete against their private investments.

The internet’s original promise was to help people and businesses connect, innovate and share information. Congress passed the Communications Decency Act in 1996 to realize those goals. It was an overwhelming success. Section 230 of the act helped shepherd the internet from the “you’ve got mail” era into today’s global nexus of communication and commerce. Unfortunately, Section 230 is now poisoning the healthy online ecosystem it once fostered.