Upcoming policy issue

As a government shutdown looms over the nation, millions of Americans risk losing internet access. Americans have come to rely on the Affordable Connectivity Program (ACP) for a $30/month broadband subsidy to stay connected to their communities. Many will be forced to go without, from families who receive Medicaid and SNAP benefits to veterans and Pell Grant recipients. As costs for everything from housing to healthcare continue skyrocketing, families who struggle to make ends meet will have to choose between putting food on the table and having essential broadband access.

As Governors from across the country, we urge you to work collaboratively with the Biden Administration to ensure that a key tool in our joint efforts to bridge the digital divide—the Affordable Connectivity Program (ACP)—receives additional funding. It is essential that people do not lose access to the internet that this vital program has allowed them to gain. There is broad agreement across the political spectrum that affordable high-speed internet is a necessity in today’s world, whether it’s for education, work or health care.

How can the Farm Bill help close the digital divide in rural America? There are a few areas that we could start with, and Sascha Meinrath, the Palmer Chair in telecommunications at Penn State University, says the first one won’t cost the government a dime. “The Farm Bill could include a mandate that says anytime a provider reports to a federal agency that they provide service at an address, they must provide that service within 30 days or get fined $10,000 a day until they do,” says Meinrath. In other words, force the ISPs to show verification that they are doing what they claim.

On November 1, 2023, the Federal Communications Commission (FCC) released its "annual" inquiry into the state of broadband in the United States. The inquiry includes three broad questions: 1) What constitutes "broadband service" today 2) Is the U.S. achieving its universal broadband goals? 3) Is broadband being deployed in a reasonable and timely fashion? The FCC is seeking public input on these questions through December 1. 

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.

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.

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.

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

On October 17, 2023, Republican Members of the House Commerce Committee wrote to Federal Communications Commission Chairwoman Jessica Rosenworcel expressing their disappointment and opposition to the FCC opening a proceeding to reclassify fixed and mobile broadband as a telecommunications service under Title II of the Communications Act of 1934. On October 31, Chairwoman Rosenworcel replied saying "Everyone, everywhere in this country needs access to broadband to have a fair shot at 21st century success...