“I think oftentimes companies can be in the position of opposing additional regulation at the federal level,” said Melanie Tiano, director of federal regulatory affairs at T-Mobile. “But this is probably one of those areas where that’s not the case, in part because of the flurry of activity going on at the state level, which makes compliance in the U.S. marketplace extraordinarily confusing and difficult.”

The New Jersey legislature cleared one such bill on Monday. If that’s signed into law by the state’s governor, it would bring the number up to 13. Federal efforts, notably the American Data Privacy and Protection Act, have stalled in recent years.

“We will continue to be seriously committed to getting legislation done in a bipartisan way. That’s not always easy right now, but we’re continuing to work on that” said Tim Kurth, chief counsel for the House Innovation, Data and Commerce Subcommittee.

Simone Hall Wood, privacy and public policy manager at Meta, said “privacy regulation should not inhibit beneficial uses of data.” The company has argued it has a legitimate interest in data use practices that the European Union has found to be out of compliance with its data privacy law, the GDPR.

Industry groups, including the Consumer Technology Association, which runs the CES conference, have advocated for a light-touch privacy law in the United States, in contrast with the more comprehensive European standard.

Kurth had similar thoughts Thursday, saying the GDPR “really hurt startups and really hurt innovations.”

Still, Woods said establishing a uniform standard is something the law does well.

“It sets certainty across the marketplace for what privacy protections look like for consumers. And so that aspect of it is positive,” she said.

The group touted U.S. wins at the World Radiocommunication Conference in Dubai, as well as lawmakers’ goals for spectrum auction authority heading into 2024.

World Radio Congress

Going into the conference, in which representatives from around the world meet to coordinate spectrum usage, “the 6 GigaHertz (GHz) issue was the top priority of the U.S. government,” said Phil Murphy, a senior advisor at the NTIA.

The band was set aside in 2020 by the Federal Communications Commission for unlicensed use in the United States, but some countries like China wanted to see some of the band tapped for 5G mobile use, Murphy said.

The U.S. delegation was ultimately able to deliver in December: the conference decision set aside 700 MegaHertz (MHz) for mobile, but left the door open for regulatory agencies to approve unlicensed use throughout the band.

That’s a win for the American Wi-Fi industry: the Wi-Fi alliance announced its official Wi-Fi 7 certification on Monday ahead of the tech conference. The new generation supports wider spectrum channels and multi-link operation, both of which will make use of the 1,200 MHz of real estate in the 6 GHz band.

“We’re really excited by the results,” Murphy said. “We’re really excited to see 6 GHz moving forward, not just here in the United States, but in other parts of the world as well.”

Auction authority

The Federal Communications Commission’s authority to auction and issue licenses for the commercial use of electromagnetic spectrum expired for the first time in March 2023. That’s not an issue for technologies like Wi-Fi, which don’t require such licenses to operate in bands set aside for unlicensed use, but it is important for ever-expanding 5G networks and wireless broadband.

“The Chair’s number one priority is to reauthorize the FCC spectrum auction authority that expired in March,” said Kate O’Connor, chief counsel for the Republican majority on the communications and technology subcommittee. “Even if it hasn’t been public, there’s been a lot going on behind the scenes.”

Jennifer Epperson, chief counsel for the Democratic side of the subcommittee, and Murphy, the NTIA advisor, agreed on the importance of the issue. 

“I think reauthorizing the FCC’s spectrum auction authority is a priority for the administration as well,” he said. “There’s probably spectrum that the FCC has available to auction right now, but they can’t because they don’t have the authority to do so.”

At a House oversight hearing in November, FCC Chairwoman Jessica Rosenworcel said “I have a bunch of bands sitting in the closet at the FCC,” pointing to 550 MHz in the 12.7-13.25 GHz band as spectrum the agency could go to auction with “relatively quickly.”

Efforts at blanket reauthorization have stalled publicly since a bill cleared the House Energy and Commerce Committee in May, but a stopgap measure allowing the Commission to issue licenses that had been purchased before the lapse was signed into law in December.

“With the funding bills coming up, we’re taking a look and hoping that we can turn this on as soon as possible,” O’Connor said.

The commission issued a 15-page order detailing its timeline and requirements to gradually phase out the program. The first in a series of deadlines is set for January 25, when providers must notify participants of the program’s anticipated end for the first time.

The FCC’s order came the day after bipartisan legislation was introduced in both the Senate and the House, proposing an additional $7 billion for the ACP program.

If passed, this funding would enable the FCC to extend the ACP until the year’s end, potentially negating some of the wind-down steps detailed in the recent FCC order.

Introduced in January 2022 to replace the Emergency Connectivity Fund that arose during the COVID-19 pandemic, the ACP offers monthly stipends of $30-75 for internet service to qualifying U.S. households.

In the recent order, the commission notes that with the Infrastructure Investment and Jobs Act, Congress enacted several changes to the ECF Program to transform it from an emergency COVID-19 program to a longer-term broadband affordability program. 

The FCC continues to change the program to address participant needs. Most recently, the commission raised the monthly ACP benefit to $75 for high-cost rural areas and directed the Universal Service Administrative Company to accept applications from interested providers.

Yet, due to concerns about potential confusion, the commission canceled the plans for USAC to process applications in a recent order. 

Absent Congressional intervention, the FCC’s Bureau will announce the last fully funded month of the program in late February, currently projected to be April 2024.

Fifteen days after that announcement, providers will be required to send a second notice to ACP participants about the program’s end. The third notice issued will coincide with the last billing cycle that the full ACP benefit is applied to. 

Providers must secure a household’s explicit agreement to continue to receive broadband services after the end of the ACP.

In the order, the commission said it will begin to inform organizations that received outreach grants to cease outreach work focused on enrollment.

On Friday, the National Digital Inclusion Alliance, alongside four community partner organizations representing the 240 outreach coordinators for the ACP, filed a letter to the FCC asking that ACP outreach grantees be able to redirect their funded work toward program wind-down activities, including “raising awareness about the potential end of the ACP.”            

“We want companies to know when they test their product once to meet the cybersecurity standards, they can sell anywhere,” said Anne Neuberger, the White House’s deputy national security advisor for cyber and emerging technologies. “They can sell in Paris, Texas, or Paris, France.”

Neuberger said the White House is aiming to get its U.S. Cyber Trust Mark, a voluntary certification for internet of things devices, on consumer products by the end of the year. The effort to mark products like routers, baby monitors, and thermostats as safe from hacking was first announced in October 2022.

The Federal Communications Commission voted in August to seek comment on how to implement various parts of the program, including how to develop and ensure compliance with its cybersecurity standards.

What exactly those standards will be is not yet decided, but the Commission has said it will base the program on criteria developed by the National Institute of Standards and Technology. Those  include encrypting both stored and communicated data and the ability to receive software updates.

The measure is not on the FCC’s tentative January meeting agenda, but Neuberger said the agency is “working toward next steps.”

Carr serves as the FCC’s senior Republican, first confirmed as a commissioner in 2017. Gomez was confirmed in September 2023, ending years of an even split and giving Democrats a 3-2 majority.

Net neutrality

Carr has been an outspoken critic of the Commission’s effort to reinstate net neutrality rules. After approving the measure along party lines, the FCC moved forward with a proposal to do so in October and is accepting comments on the plan until January 17. 

The move would classify broadband as a telecommunications service under Title II of the Communications Act of 1934, opening internet providers up to more regulatory oversight from the Commission.

Carr took a similar tack on Wednesday, calling Title II a “backwards looking regime that made sense in the 1930s,” but expressed some support for less expansive, “common sense” legislation on the issue.

“This idea that we should, as a consumer, not see blocking, throttling, anti-competitive discrimination, these core sets of bright line ‘net neutrality’ rules, are ones I think are broadly agreed upon,” he said.

Gomez defended more comprehensive regulation, saying broadband is “central to everybody’s lives, and it really is important, I think, to have guardrails on the service to make sure that all consumers are benefiting from a competitive, innovative product.”

“We don’t have a national framework to ensure that, instead we have a patchwork of state laws,” she said.

Spectrum

Gomez said she would “really love to see the FCC’s spectrum auction authority re-upped, so to speak.”

The Commission’s ability to auction off bands of electromagnetic spectrum for commercial use expired for the first time in March 2023. Commissioners have pushed lawmakers in Congress to reinstate it, but efforts have stalled. A stopgap measure passed in December giving the FCC the ability to issue spectrum licenses that had been purchased before the authority expired, but the path for blanket authority remains unclear. 

“I don’t think people appreciate how long it takes to actually get a spectrum auction done. There’s so much pre-work that has to be done, and we can’t do any of that” without the authority, she said.

Carr agreed, both that Congress should reinstate the Commission’s auction authority and that the process of getting spectrum out the door often takes years of time and effort.

He also criticized the White House’s National Spectrum Strategy, a plan for studying nearly 2,800 MHz of spectrum for potential repurposing and improving the nation’s spectrum pipeline, saying the U.S. needs to move faster on making spectrum available to remain competitive.

“Under the last administration we freed up something like 6,000 MHz of spectrum just for licensed use, in addition to thousands of megahertz for unlicensed as well. The National Spectrum Strategy that the administration just put out says that we’re going to study, not free up, but study 2,800,” he said.

Favorite gadgets

Asked about her favorite piece of tech from the CES floor so far, Gomez said “I like the little Samsung robot.” The company unveiled on Monday a small ball-shaped robot called Ballie with a built-in projector.

Carr said his favorite technology that uses unlicensed spectrum is his Bluetooth headset.

“I’m almost exclusively on that thing,” he said.

Under current Federal Communications Commission rules, cable’s broadband revenue is off limits to local taxing authorities. Cable’s pay-TV revenue, however, has traditionally been subject to a 5% fee on gross revenue, helping to support municipal balance sheets all over the country.

Several big cities are making an effort to abolish that tax barrier enshrined in the FCC’s “mixed use” rule, an effort which could end up allowing cities to tap into cable’s billions in broadband revenue. The mixed-use rule, reaffirmed by the FCC in 2019, prevents cities from adding telecommunications or information service fees on cable operators.

The FCC was upheld in court in specifically disallowing the Oregon Supreme Court’s decision in 2016 that allowed the city of Eugene “to apply a separate telecommunications license fee on revenues derived from the provision of broadband services over a franchised cable system,” according to the Davis Wright Tremaine law firm.

Cities, ‘fees’ and ‘taxes’

As matter of legal precision, cities that receive compensation for granting cable operators access to their rights of way prefer the term “fees” rather than “taxes.” That’s because the Internet Tax Freedom Act includes a ban on the taxation of internet access services.

When the FCC established the mixed-use rule, Democratic FCC Chair Jessica Rosenworcel (who was a regular Commissioner at the time) dissented, but her statement focused on areas concerning how to calculate cable franchise fees owed when a cable operator provides in-kind services, such as free or discounted cable service to public buildings.

Since gaining a one-vote majority last September, Rosenworcel has unveiled several regulations directly aimed at the cable industry, including: Net Neutrality, digital discrimination, a ban on early termination and billing cycle fees, all-in pricing mandates, retransmission consent blackout reporting requirements, and pay-TV subscriber rebates related to TV blackouts.

Revisions to the mixed-use rule that tilt in favor of cities would not exactly clash with the thrust of Rosenworcel’s cable industry policy agenda in 2024, which could be her swansong year as head of the agency.

Mixed-use rule is not a money grab, says attorney

An attorney representing several major cities insists that the mixed-use rule issue does not simply boil down to a money grab.

“I think it’s more complicated than that,” said Cheryl A. Leanza, an attorney at Best Best & Krieger in Washington. “I definitely believe our client cities are interested in making sure that they can manage their rights of way and have the opportunity to treat regulatees equally.”

Leanza’s clients include Boston, Dallas, Washington, D.C., Los Angeles, Portland, Ore., and Eugene, Ore.

Last month, NCTA – The Internet & Television Association urged the FCC to disregard requests to revamp the mixed-use rule. NCTA represents the country’s largest cable operators, including Comcast and Charter.

NCTA also stressed the FCC can’t suddenly announce that the mixed-use rule is no longer good law.

“Even if the [FCC] were to conclude that it had the authority to repeal the mixed-use rule, it would first need to conduct a notice and comment rulemaking,” NCTA said.

According to S&P Global, broadband ISPs took in $111.73 billion in 2022. Based on current market shares, cable ISPs likely divided about $75 billion of that total. Five percent of cable broadband revenue would yield $3.75 billion in franchise fees for the cities in the first year.

Cities involved in the issue argue that the mixed-use rule needs reform because it “results in regulatory arbitrage.” They note that pure broadband providers that don’t offer cable TV can be required to obtain a local franchise and pay fees.

“But a cable operator offering both cable and broadband services may not be required to pay a fee based on its broadband revenue – no matter the ratio of cable to broadband revenue,” Leanza said in a Jan. 5 letter to the FCC after meeting with aides to Democratic FCC Commissioner Anna Gomez two days earlier.

Her letter added, “FCC policy should eliminate, not promote, uneven treatment of competitors, not grant cable operators a unique, preferential advantage over broadband providers that are not cable operators.”

The cities’ reference to arbitrage is starting to diminish. A few cable TV companies are terminating cable TV service and just offering broadband. DUO Broadband in Kentucky is exiting cable at the end of year, and Colorado-based WOW! Internet, Cable & Phone is transitioning its cable TV customers to YouTube TV. Cable One in Phoenix has been engaged in a multiyear effort to shut down its cable TV business.

Last month, MyBundleTV co-founder and CEO Jason Cohen said he expects hundreds of smaller cable companies to shut down cable TV over the next 36 months.

The exact legal status of cable companies that have abandoned cable TV but continue to offer broadband Internet seems to be an open question and could become the next legal battleground between cable and cities in the fight over right-of-way fees.

Because of cord cutting, cities have seen an accompanying decline in cable franchise fee revenue. Baltimore Budget director Laura Larsen last month reported that the city’s loss of 46,000 cable subscribers since 2020 contributed to her department’s $1.3 million deficit in the first quarter of 2023.

Ted Hearn is the Editor of Policyband, a new website dedicated to comprehensive coverage of the broadband communications market. This piece was published on Policyband on January 9, 2024, and is reprinted with permission.

Under the Infrastructure Investment and Jobs Act, the agency was tasked by Congress to enact regulations in 2023 aimed at eliminating digital discrimination and preventing its recurrence. The law amended the Communications Act to include the standard that “subscribers should benefit from equal access to broadband internet access service within the service area of a provider of such service.” (47 U.S.C. 1754)

• On the Eighth Day of Broadband, my true love sent to me:
  The Number 8 As a Representation of Balance, Justice and Fairness
  7 Layers to the Open Systems Interconnection Model and Open Access Networks
  One-hundred-and 66 Billion Dollars of American Semiconductor Investment
  56 States and Territorial Broadband Offices Implementing BEAD
  4.8 Million Challenges to Broadband Coverage Data
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence

The FCC’s new rules ban service providers from broadband discrimination by implementing a “disparate impact” standard. This standard aims to hold internet service providers accountable for practices that result in unequal broadband access among marginalized groups, irrespective of the providers’ intentions.

The shift departs from the former “disparate treatment” norm, which long upheld that either the government or third-party plaintiffs had to present proof of deliberate discrimination by a business to establish liability.

The new regulations implement a rule that digital discrimination can occur even if there is no discriminatory intent, based on criteria like income or race, is involved.

How will the agency conduct enforcement?

The commission will now have enforcement powers available, and investigations may be initiated through a complaint process.

Broadband providers criticized the agency and threated to sue because of the potential broad application of the new standard, fearing it might penalize routine business practices. Their efforts aimed to narrow the definition of digital discrimination to actions specifically designed to disenfranchise particular communities.

Before the agency’s action in mid-December, 24 organizations penned a letter to Congress urging its members to oppose the FCC’s rulemaking in mid-December.

Differing views on the rule’s effect

Experts held differing views regarding the probable effects of the FCC’s rules at a November Broadband Breakfast Live Online event. 

At the event Harold Feld, senior vice president at public interest group Public Knowledge, maintained that the rules’ impact would be minimal for the initial 60 days after implementation, and then, most likely remedy only the “worst and most visible disparities” in broadband access. 

Center for Technology Innovation at the Brookings Institution Director Nicol Turner-Lee cautioned that demonstrating instances of discrimination poses a significant challenge, as evidenced in other sectors such as housing, healthcare, and employment.

Others in the industry have raised concern that the Broadband Equity Access and Deployment Program may not effectively address the issues faced by marginalized groups. In a recent Expert Opinion piece, Emma Gautier from the Institute for Local Self-Reliance contended that urban areas, significantly impacted by digital redlining, might face greater obstacles in obtaining BEAD funding. This challenge stems from the infrastructure law’s predominant emphasis on rural development. 

The situation is further complicated by flawed FCC maps, she said which exaggerate coverage, speeds, and competition, making it notably difficult or perhaps impossible for most urban zones tagged as “served” to access BEAD funds.

See “The Twelve Days of Broadband” on Broadband Breakfast

• On the First Day of Broadband, my true love sent to me:
  One Artificial General Intelligence
• On the Second Day of Broadband, my true love sent to me:
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
• On the Third Day of Broadband, my true love sent to me:
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
• On the Fourth Day of Broadband, my true love sent to me:
  4.8 Million Challenges to Broadband Coverage Data
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
• On the Fifth Day of Broadband, my true love sent to me:
  56 States and Territorial Broadband Offices Implementing BEAD
  4.8 Million Challenges to Broadband Coverage Data
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
• On the Sixth Day of Broadband, my true love sent to me:
  One-hundred-and 66 Billion Dollars of American Semiconductor Investment
  56 States and Territorial Broadband Offices Implementing BEAD
  4.8 Million Challenges to Broadband Coverage Data
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
• On the Seventh Day of Broadband, my true love sent to me:
  7 Layers to the Open Systems Interconnection Model and Open Access Networks
  One-hundred-and 66 Billion Dollars of American Semiconductor Investment
  56 States and Territorial Broadband Offices Implementing BEAD
  4.8 Million Challenges to Broadband Coverage Data
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
  
• On the Eighth Day of Broadband, my true love sent to me:
  The Number 8 As a Representation of Balance, Justice and Fairness
  7 Layers to the Open Systems Interconnection Model and Open Access Networks
  One-hundred-and 66 Billion Dollars of American Semiconductor Investment
  56 States and Territorial Broadband Offices Implementing BEAD
  4.8 Million Challenges to Broadband Coverage Data
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence

A National Telecommunications and Information Administration spokesperson told Broadband Breakfast in an email on Thursday it received all proposals by the December 27 filing deadline.

Those proposals come in two volumes, which states and territories could submit separately or together. The first volume details how the entities plan to accept and adjudicate challenges to government broadband coverage data, an effort to get an as accurate as possible picture of which homes and businesses lack adequate internet access. The second volume outlines how states and territories are looking to fund new infrastructure with their BEAD allocations.

The December 27 deadline went into effect when the NTIA formally made those allocations on June 30 – recipients were given 180 days after that notice to submit initial proposals under BEAD rules.

Now, the timeline will depend on NTIA approval of the submitted plans. Once volume one is approved, states and territories can begin their challenge processes. Most are slated to adjudicate challenges within 90 days, but the agency allows for up to 120. After receiving approval on volume two, entities will have exactly one year to review grant applications and make tentative awards, which will be submitted to the NTIA in a final proposal.

Once that final proposal gets the go-ahead, projects can start breaking ground in earnest.

Some early bird states were able to get the process started already. Louisiana got its volume one approved in September and is slated to wrap up its challenge process in the coming weeks. The state was also the first to have its volume two approved on December 15, giving it one year from that date to award grants for new broadband infrastructure.

Virginia and Kansas also received approval on their volume ones and their challenge processes are underway.

These remaining funds are anticipated to be depleted by May 2024 if enrollment continues at the current rate, according to the ACP Dashboard monitoring tool developed by the advocacy group Institute for Local Self-Reliance.

• On the First Day of Broadband, my true love sent to me:
  One Artificial General Intelligence
• On the Second Day of Broadband, my true love sent to me:
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
• On the Third Day of Broadband, my true love sent to me:
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence

A bipartisan majority of voters – 78 percent – support the continuation of the program, according to a national survey conducted by Public Opinion Strategies and RG Strategies in January 2023. This sentiment includes 64 percent of Republicans, 70 percent of Independents, and 95 percent of Democrats,

Despite receiving strong bipartisan public support, the program faced criticism last week from Republican leaders in the House and Senate commerce committees. They expressed concerns about the administration’s spending, labeling it as “wasteful,” and conveyed skepticism regarding the ACP’s effectiveness in a letter addressed to Federal Communications Commission Chairwoman Jessica Rosenworcel.

Efforts to continue ACP

Throughout this year, there have been numerous endeavors aimed at extending and enhancing the program.

In May, during a congressional oversight hearing, Alan Davidson, the administrator of the National Telecommunications and Information Administration, conveyed to Congress members that the Broadband Equity, Access, and Deployment program would suffer adverse effects if continued funding for the ACP is not found.

In an Expert Opinion piece for Broadband Breakfast, Ryan Johnston, senior policy counsel at Next Century Cities, also linked the two issues: If the ACP is allowed to end, the federal government could end up overspending on every broadband deployment. In other words, BEAD networks will be unable to link millions of Americans without ACP.

In August, 45 bipartisan members of Congress publicly expressed support for extending ACP. In October, the Biden administration asked Congress for $6 billion to extend the ACP through December 2024. In November, a bipartisan letter signed by 26 Republican and Democratic governors urged Senate leaders to continue funding the program.

Broadband providers also want to see the program continued, asking Congress in September to use money from another yearly broadband subsidy to keep the ACP afloat.

The FCC event initiated the ACP Transparency Data Collection in November to enhance comprehension of the program. This collection gathers fresh data concerning price details, plan characteristics, subscription rates, and the attributes of program participants. Presently, the data collection initiative is expected to coincide with the depletion of the fund.

Next Century Cities’s Johnston and Lauren Gaydos, director of the Glen Echo Group, speaking during a Broadband Breakfast event in December, expressed concern over the arduous task of reenrolling individuals if the program terminates and then restarts. That would erode trust in the program’s stability and reliability.

Also on the program, Christine Parker, senior GIS analyst at ILSR’s Community Networks Initiative, highlighted that program participation has steadily increased by 3 percent each month. She emphasized that there are no signs of this trend slowing down during the event. And Johnston said that, in his previous discussions with the FCC and the Universal Service Administrative Company, neither agency intends to issue a notice signaling the end of the program.

Instead, both agencies plan to wait until the final possible moment to guarantee the securing of ACP funding.

See “The Twelve Days of Broadband” on Broadband Breakfast

• On the First Day of Broadband, my true love sent to me:
  One Artificial General Intelligence
• On the Second Day of Broadband, my true love sent to me:
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
• On the Third Day of Broadband, my true love sent to me:
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence

We kicked off this annual tradition last year with a series of 12 articles available to Broadband Breakfast Club members.

Between today and January 3, 2024, we’ll be rolling out a story a day every day (except Sundays). Besides keeping you entertained, we hope that each piece builds to larger discussion about what was new in 2023 – and what we can expect in 2024.

In our last Broadband Breakfast Live Online of the year, on Wednesday, December 27, 2023, we’ll talk about the first six stories in the series.

And, in our first Broadband Breakfast Live Online of 2024, on Wednesday, January 3, I’ll be joined by a group of tech journalists to talk about the complete series of 12 stories.

Of course, you’ll have to wait until the next day of broadband to find out the next story. But for now, please enjoy:

• On the First Day of Broadband, my true love sent to me:
  One Artificial General Intelligence
• On the Second Day of Broadband, my true love sent to me:
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
• On the Third Day of Broadband, my true love sent to me:
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
• On the Fourth Day of Broadband, my true love sent to me:
  4.8 Million Challenges to Broadband Coverage Data
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
• On the Fifth Day of Broadband, my true love sent to me:
  56 States and Territorial Broadband Offices Implementing BEAD
  4.8 Million Challenges to Broadband Coverage Data
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
• On the Sixth Day of Broadband, my true love sent to me:
  One-hundred-and 66 Billion Dollars of American Semiconductor Investment
  56 States and Territorial Broadband Offices Implementing BEAD
  4.8 Million Challenges to Broadband Coverage Data
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
• On the Seventh Day of Broadband, my true love sent to me:
  7 Layers to the Open Systems Interconnection Model and Open Access Networks
  One-hundred-and 66 Billion Dollars of American Semiconductor Investment
  56 States and Territorial Broadband Offices Implementing BEAD
  4.8 Million Challenges to Broadband Coverage Data
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
• On the Eighth Day of Broadband, my true love sent to me:
  The Number 8 As a Representation of Balance, Justice and Fairness
  7 Layers to the Open Systems Interconnection Model and Open Access Networks
  One-hundred-and 66 Billion Dollars of American Semiconductor Investment
  56 States and Territorial Broadband Offices Implementing BEAD
  4.8 Million Challenges to Broadband Coverage Data
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
• On the Ninth Day of Broadband, my true love sent to me:
  93 Percent Match of Federal Funds for Enabling Middle Mile Broadband Program
  The Number 8 As a Representation of Balance, Justice and Fairness
  7 Layers to the Open Systems Interconnection Model and Open Access Networks
  One-hundred-and 66 Billion Dollars of American Semiconductor Investment
  56 States and Territorial Broadband Offices Implementing BEAD
  4.8 Million Challenges to Broadband Coverage Data
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
• On the Tenth Day of Broadband, my true love sent to me:
  Nearly 10 Months Without FCC Spectrum Auction Authority
  93 Percent Match of Federal Funds for Enabling Middle Mile Broadband Program
  The Number 8 As a Representation of Balance, Justice and Fairness
  7 Layers to the Open Systems Interconnection Model and Open Access Networks
  One-hundred-and 66 Billion Dollars of American Semiconductor Investment
  56 States and Territorial Broadband Offices Implementing BEAD
  4.8 Million Challenges to Broadband Coverage Data
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
• On the Eleventh Day of Broadband, my true love sent to me:
  More Than 11 Years in Lawsuits Over Net Neutrality
  Nearly 10 Months Without FCC Spectrum Auction Authority
  93 Percent Match of Federal Funds for Enabling Middle Mile Broadband Program
  The Number 8 As a Representation of Balance, Justice and Fairness
  7 Layers to the Open Systems Interconnection Model and Open Access Networks
  One-hundred-and 66 Billion Dollars of American Semiconductor Investment
  56 States and Territorial Broadband Offices Implementing BEAD
  4.8 Million Challenges to Broadband Coverage Data
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence
• On the Twelfth Day of Broadband, my true love sent to me:
  12 Year Olds (and Older) Having to Age-Verify on Social Media
  More Than 11 Years in Lawsuits Over Net Neutrality
  Nearly 10 Months Without FCC Spectrum Auction Authority
  93 Percent Match of Federal Funds for Enabling Middle Mile Broadband Program
  The Number 8 As a Representation of Balance, Justice and Fairness
  7 Layers to the Open Systems Interconnection Model and Open Access Networks
  One-hundred-and 66 Billion Dollars of American Semiconductor Investment
  56 States and Territorial Broadband Offices Implementing BEAD
  4.8 Million Challenges to Broadband Coverage Data
  $3.6 Billion Funds Remaining in the Affordable Connectivity Program
  24 Reverse-Preemption Pole Attachment States (2023 edition)
  And One Artificial General Intelligence

Curious about the 12 Days of Broadband last year?

• On the First Day of Broadband, my true love sent to me:
  A Symmetrical Gigabit Network.
• On the Second Day of Broadband, my true love sent to me:
  24 Reverse-Preemption Pole Attachment States
  and A Symmetrical Gigabit Network.
• On the Third Day of Broadband, my true love sent to me:
  Section Two-30 of the Communications Decency Act
  24 Reverse-Preemption Pole Attachment States
  and A Symmetrical Gigabit Network.
• On the Fourth Day of Broadband, my true love sent to me:
  $42.5 billion in Broadband Equity, Access and Deployment funds
  Section Two-30 of the Communications Decency Act
  24 Reverse-Preemption Pole Attachment States
  and A Symmetrical Gigabit Network.
• On the Fifth Day of Broadband, my true love sent to me:
  5 Federal Communications Commissioners
  $42.5 billion in Broadband Equity, Access and Deployment funds
  Section Two-30 of the Communications Decency Act
  24 Reverse-Preemption Pole Attachment States
  and A Symmetrical Gigabit Network.
• On the Sixth Day of Broadband, my true love sent to me:
  Wi-Fi 6E
  5 Federal Communications Commissioners
  $42.5 billion in Broadband Equity, Access and Deployment funds
  Section Two-30 of the Communications Decency Act
  24 Reverse-Preemption Pole Attachment States
  and A Symmetrical Gigabit Network.
• On the Seventh Day of Broadband, my true love sent to me:
  7.7% annual inflation rate
  Wi-Fi 6E
  5 Federal Communications Commissioners
  $42.5 billion in Broadband Equity, Access and Deployment funds
  Section Two-30 of the Communications Decency Act
  24 Reverse-Preemption Pole Attachment States
  and A Symmetrical Gigabit Network.
• On the Eighth Day of Broadband, my true love sent to me:
  8,132,968 census blocks and a national Broadband Fabric
  7.7% annual inflation rate
  Wi-Fi 6E
  5 Federal Communications Commissioners
  $42.5 billion in Broadband Equity, Access and Deployment funds
  Section Two-30 of the Communications Decency Act
  24 Reverse-Preemption Pole Attachment States
  and A Symmetrical Gigabit Network.
• On the Ninth Day of Broadband, my true love sent to me:
  $9 Billion Universal Service Fund
  8,132,968 census blocks and a national Broadband Fabric
  7.7% annual inflation rate
  Wi-Fi 6E
  5 Federal Communications Commissioners
  $42.5 billion in Broadband Equity, Access and Deployment funds
  Section Two-30 of the Communications Decency Act
  24 Reverse-Preemption Pole Attachment States
  and A Symmetrical Gigabit Network.
• On the Tenth Day of Broadband, my true love sent to me:
  $10 Billion Remaining in the Affordable Connectivity Program
  $9 Billion Universal Service Fund
  8,132,968 census blocks and a national Broadband Fabric
  7.7% annual inflation rate
  Wi-Fi 6E
  5 Federal Communications Commissioners
  $42.5 billion in Broadband Equity, Access and Deployment funds
  Section Two-30 of the Communications Decency Act
  24 Reverse-Preemption Pole Attachment States
  and A Symmetrical Gigabit Network.
• On the Eleventh Day of Broadband, my true love sent to me:
  11th Year of Xi Jinping’s rule in China
  $10 Billion Remaining in the Affordable Connectivity Program
  $9 Billion Universal Service Fund
  8,132,968 census blocks and a national Broadband Fabric
  7.7% annual inflation rate
  Wi-Fi 6E
  5 Federal Communications Commissioners
  $42.5 billion in Broadband Equity, Access and Deployment funds
  Section Two-30 of the Communications Decency Act
  24 Reverse-Preemption Pole Attachment States
  and A Symmetrical Gigabit Network

• On the Twelfth Day of Broadband, my true love sent to me:
  12 or More State Broadband Officers
  11th Year of Xi Jinping’s rule in China
  $10 Billion Remaining in the Affordable Connectivity Program
  $9 Billion Universal Service Fund
  8,132,968 census blocks and a national Broadband Fabric
  7.7% annual inflation rate
  Wi-Fi 6E
  5 Federal Communications Commissioners
  $42.5 billion in Broadband Equity, Access and Deployment funds
  Section Two-30 of the Communications Decency Act
  24 Reverse-Preemption Pole Attachment States
  and A Symmetrical Gigabit Network.

States are required to submit in two volumes initial proposals for administering their portion of the $42.5 billion allocated under the NTIA’s Broadband Equity, Access and Deployment program. The two volumes are due December 27.

Louisiana was also the first state to have volume one of its proposal approved. That document outlines how the state plans to accept and process challenges to government data on broadband availability, an effort to get as accurate a picture as possible of which homes and businesses in the states lack adequate internet.

The document approved on Friday details how Louisiana plans to administer grants from its $1.3 billion BEAD allocation. That process can begin after the state finishes using challenges to make its final broadband map, which the state plans to have finished by 2024.

“Louisiana is taking a major step toward ensuring that no one in the state is held back by a lack of Internet access,” U.S. Secretary of Commerce Gina Raimondo said in a statement.

Per BEAD rules, Louisiana will now have one year to determine its subgrantees under the program. The state is planning to accept two rounds of applications in that window, according to the approved proposal, with a total timeline of about 7 months from notifying the public to final selection.

Louisiana’s broadband office is expecting its allocation to be enough to get fiber-optic cable, the fastest, most future-proof technology available, to all of the state’s locations without high-speed broadband. The office will allow grant applications using less expensive technologies – even those deemed unreliable by BEAD rules – in an effort to secure commitments for every eligible location in the state.

Applicants that bury their fiber will be favored by the state because of the added resiliency in the event of flooding, a major concern in the flood-prone state. Providers that win grants to deploy wireless towers will also be subject to resiliency requirements like steel reinforcements and backup power sources.

The state is planning to use the money left over after funding infrastructure to increase adoption. Part of that will be spinning up a state-run internet subsidy for low-income households. That subsidy is set to work in tandem with Congress’s Affordable Connectivity Program, but would also provide a safety net in the event the ACP is not refunded. 

Veneeth Iyengar, executive director of the state’s broadband office, said in a statement he and his team feel a sense of urgency in getting BEAD right and spending the state’s $1.3 billion effectively.

“It is this sense of urgency that has made us successful in understanding what people need, which is vital to writing good policy and getting our plans approved,” he said.

The funding is designated for the expansion of Whitman-Walker’s Max Robinson Center, a multi-purpose community facility known for providing essential healthcare services to underserved communities, particularly the LGBTQ community. 

The expanded center will also offer public access to computer terminals and high-speed wireless broadband across the premises, according to a press release. It is also expected to enhance healthcare accessibility for residents, offering both telehealth and in-person visits. In particular, it will establish 63 examination, therapy, and consultation rooms, facilitating the expansion of telemedicine services. 

“Connecting workers and families to training, education, and health care services is central to expanding economic opportunity and prosperity in communities across the country,” Deputy Secretary of the Treasury Wally Adeyemo said in a press release. “The expansion of Whitman-Walker’s Max Robinson Center, financed in part by the American Rescue Plan’s Capital Projects Fund, shows how the Biden-Harris Administration’s historic investments are building projects needed to expand access to critical health and educational services.” 

Additionally, a portion of this investment will facilitate the construction of two versatile community spaces that will support community health and wellness initiatives. The aim is to accommodate an estimated 10,000 new patients by 2025, supplementing the current service of 5,000 patients.

Within the community space, there are plans to host resume building and interview skills workshops, along with educational and training programs tailored for local residents.

The CPF allocates $10 billion to states, territories, freely associated states, and tribal governments, aiming to support essential capital projects. These initiatives aim to expand economic prospects and bridge the gap in internet access within underserved communities. 

Then the COVID-19 pandemic happened. It demonstrated just how dependent we are, as a world, upon high-quality broadband.

The vision for the annual Digital Infrastructure Investment event has been about uniting infrastructure investment fund managers, institutional investors, private equity and venture capitalists with senior broadband leaders in order to bring clarity to the next business model for advanced digital infrastructure. The in person event will take place at Clyde’s of Gallery Place, 707 7th Street NW in Washington. Doors open at 8:30 a.m.

Registration for the Digital Infrastructure Investment Summit is $245. Registration for the Digital Infrastructure Investment Summit webcast is $35.

At the in person and live online program on Tuesday, December 5, Digital Infrastructure Investment Summit will begin with panel on “Investment In and Beyond BEAD,” the Broadband Equity, Access and Deployment grant program. The discussion will feature Kenrick (Rick) Gordon, Director, Maryland Office of Statewide Broadband, Thomas Tyler, Deputy Director, Connect Louisiana, Brian Vo, Chief Investment Officer at Connect Humanity, and be moderated by Maria Curi, Reporter, Axios.

The session aims to capture how the broadband infrastructure expansion hinges on the availability of sufficient funding, be it from federal, state, local, or private channels. Beyond the hundreds of millions (and frequently billions) of dollars earmarked for each state under the Broadband Equity, Access and Deployment program, internet service providers must also obtain at least 25% of the project’s cost in matching funds. Where will this funding come from? What implications does this requirement hold for smaller and municipal providers? And, for those ISPs not interested in BEAD, what financing opportunities are available now that weren’t there previously?

Panel 2, which I’ll have the privilege of moderating, addresses “Shared Infrastructure and the Future of Vertical Real Estate.” This session will feature Jonathan Adelstein, Managing Director and Head of Global Policy and Public Investment at DigitalBridge Investment Management, David E. Bronston, Special Counsel, Phillips Lytle LLP, and Greg McLaughlin, CEO, AEX Automation Exchange.

The program springboards off the notion that urbanization and smart city deployments are among the trends driving the transformation of shared infrastructure. The post-pandemic surge in remote work and the nationwide push for universal and affordable high-speed internet access, generally through fiber, raises an important question: What’s next for “vertical infrastructure”? How is wireless infrastructure being capitalized? How is wireless infrastructure connected to fiber builds? Are small-cell deployments proceeding vigorously? And what role will “managed services” within multiple dwelling units, commercial and enterprise environments play in driving smart and hybrid networks?

Just before lunch, we’ll hear keynote remarks from Mikael Philipsson, CEO of COS Systems, a BSS/OSS software provider for broadband operators to enable zero touch automation and Open Access. He will address “The Past and Future of Open Access.”

And, following lunch, we’ll here a session, moderated by Christopher Mitchell of the Institute for Local Self-Reliance’s Community Broadband Networks Program, on “Developments in Open Access: Is Change in the Offing?”

The United States is still early in its experimentation with open access networks. But countries including Sweden have seen widespread success in implementing this model. Open access networks aim to deliver affordable and high-speed internet even to remote, low-return areas. But various policy and operational challenges are often needed before this model can see the fullest adoption. With an array of new market developments in the United States from both incumbents, scrappy equity-based investors and municipalities, does the future for open access on these shores look brighter?

Featured panelists on this panel include Scott Bradshaw, President, SiFi Networks, Robert Bridgham, Executive Director, Eastern Shore of Virginia Broadband Authority, and Jeff Reiman, President, The Broadband Group.

Our concluding Panel 4 bring a vital new mix to this discussion: The role of data centers and Internet Exchange Points. Substantial investments are directed by the BEAD program toward last-mile fiber infrastructure. Middle mile, backhaul access and data centers almost seem left out of the current conversation. Despite this lower profile, ISPs seeking to deploy better broadband understand all too well the significance of internet exchange points that facilitate the exchange of data between various networks.

They are vital to reducing latency and lowering costs. Notably, 14 U.S. states and 3 territories currently lack IXPs. What obstacles do IXPs face? How will more IXPs facilitate the data center and cloud computing revolutions? What’s next for IXPs and data centers?

Moderated by Peter Cohen, Principal Program Manager, Microsoft, featured panelists on this session include Scott K. Brown, President, The Pixel Factory, Tom Cox, Vice President of State Government Affairs, Connected Nation, Ron da Silva, Network Technologies Global, Saras Partner, and Ben Hedges, Vice President Network Strategy, Cyxtera.

Registration for the Digital Infrastructure Investment Summit is $245.

Registration for the Digital Infrastructure Investment Summit webcast is $35.

With either option, you’ll have access to the high-quality video recordings of the day’s events.

That did not come as a surprise, with the communications and technology subcommittee branding the hearing as overseeing “President Biden’s broadband takeover.” Partisan disputes have resumed around FCC policies since the appointment of commissioner Anna Gomez, who gave Democrats a 3-2 majority on the commission.

The hearing also touched on spectrum policy and the Affordable Connectivity Program, which is still set to dry up in April 2024 despite months of calls for its renewal.

Digital discrimination

The FCC voted along party lines on November 15 to instate rules addressing gaps in broadband access along racial and class lines. Those rules are taking an approach industry groups opposed and allow the commission to take enforcement action against companies for practices that do not intentionally withhold broadband from protected groups.

Technology and Communications Subcommittee members and Republican commissioner Brendan Carr echoed talking points from an industry lobbying push that characterized the rules as a “micromanagement” effort to scrutinize routine business practices. 

Rep. Cathy McMorris Rodgers, R-Washington, said “burdensome requirements like these will discourage deployment and harm our efforts to close the digital divide.”

Rodgers sparred with FCC Chairwoman Jessica Rosenworcel on the issue, interrupting her answers to questions to reclaim time.

Rosenworcel, for her part, stuck to her argument that the rules are in line with the Infrastructure Act, which mandates the commission take action “preventing discrimination of access based on income level, race, ethnicity, color, religion, or national origin.” 

“The language in this statute is exceptionally broad,” she said.

The act also directs the commission to take into account technical and economic feasibility of deploying networks in poor and rural areas, but Rosenworcel’s assurances that the FCC will do so have not convinced industry or Republicans.

Net neutrality

The commission also moved forward on plans to reinstate net neutrality rules in October. The rules would classify broadband internet as a telecommunications service under Title II of the Communications Act of 1934, opening the industry up to more expansive regulatory oversight from the FCC. 

Similar rules were in place for two years before being repealed by the Trump FCC in 2017.

Republican committee members grilled the commission on Democratic warnings that the repeal would result in widespread traffic throttling, which did not materialize at scale in Title II’s absence.

Subcommittee Chairman Rep. Bob Latta, R-Ohio, asked Rosenworcel “when the so-called net neutrality rules were repealed, did it end the internet as we know it today, yes or no?”

The commission chairwoman answered a string of similar questions by saying the anticlimactic end to Title II broadband rules was “a result of more than about a dozen states stepping in and developing their own net neutrality laws.”

Commissioner Carr also argued with Rosenworcel on Title II’s impact on national security, talking over each other at points. Carr said there had been “one briefing” in his six year tenure in which he was told about a security issue the government could not address without Title II oversight over broadband. 

Rosenworcel said she has told national security authorities “over and over again” that without Title II authority, she cannot take requested actions to stop bad actors from hijacking traffic.

The commission is taking public comments on the proposed net neutrality rules until January 2024.

“We badly need Congress to restore the agency’s spectrum auction authority,” said FCC Chairwoman Jessica Rosenworcel at the hearing. “I have a bunch of bands that are sitting in the closet at the FCC.”

Rosenworcel pointed to 550 megahertz in the 12.7-13.25 GHz band. The commission would “be able to proceed to auction on that relatively quickly” if given the go ahead, she said.

The commission’s authority to auction spectrum expired for the first time in March after Congress failed to extend it. Auction authority lets the commission auction off and issue licenses allowing the use of certain electromagnetic frequency bands for wireless communication.

Repeated pushes to restore the ability, first handed to the commission in 1996, have stalled in the face of gridlock on Capitol Hill.

Opening up spectrum is becoming more necessary as emerging technologies and expanding networks compete for finite airwaves. The Joe Biden administration unveiled a plan this month to begin two-year studies of almost 2,800 MHz of government spectrum for potential commercial use.

FCC Commissioner Brendan Carr said that’s not fast enough. “I would have had the spectrum plan actually free up more than zero megahertz of spectrum,” he said.

Rosenworcel said the FCC was in talks with the National Telecommunications and Information Administration, the agency that wrote up the plan, during the drafting process. When asked if the NTIA followed her recommendations, she said she would “like everyone to move faster and have a bigger pipeline in general.”

Commissioners expressed support for a House bill that would give the FCC temporary authority to issue the licenses it already auctioned off for 5G networks in the 2.5 GHz band. An identical bill passed the Senate in September.

T-Mobile took home more than 85 percent of the 8,000 total licenses in the band for $304 million, but the company and other winners cannot legally use their spectrum until the FCC issues the licenses.

Affordable Connectivity Program

Also at the top of commissioners’ minds was the Affordable Connectivity Program. Set up with $14 billion from the Infrastructure Act, the program provides a monthly internet subsidy for 22 million low-income households.

The program is expected to run out of money in April 2024.

“We have come so far, we can’t go back,” Rosenworcel said. “We need Congress to continue to fund this program. If it does not, in April of next year we’ll have to unplug households.”

The Biden administration asked Congress in October for $6 billion in the upcoming appropriations bill to keep the ACP afloat through December 2024. The government has been funded since September by stop-gap measures, with House Republicans ousting former Speaker Kevin McCarthy, R-CA, over his unwillingness to cut spending and making similar demands of his replacement. 

A coalition of 26 governors joined the chorus of calls to extend the program on November 16. Lawmakers, activists, and broadband companies have been sounding the alarm on the program’s expiration for months as the $42.5 billion Broadband Equity, Access and Deployment effort gets underway. Without the subsidy, experts have said, households could be unable to access the new infrastructure built by BEAD.

Representative Yvette Clarke, D-NY, said of the ACP shortfall that she is “looking forward to introducing legislation on that very subject before Congress concludes its work for the year.”

Funded by the 2021 Infrastructure, Investment and Jobs Act, the BEAD program provides $42.5 billion for expanding broadband infrastructure. That money was allocated to states and territories in June based on their unconnected populations.

A final wave released their proposals for funding projects with that money in recent weeks, with Florida bringing the total to 56 on Wednesday. 

States and territories are required to submit those proposals, which come in two volumes, to the National Telecommunications and Information Administration by December 27. So far, 24 have submitted volume one and three have submitted volume two

Volume one details how states will ground-truth broadband coverage data. The Federal Communications Commission’s largely provider-reported coverage map was used to allocate BEAD money, but is not considered accurate enough to determine which specific locations lack broadband. 

Volume two outlines states’ plans for administering grant programs with their BEAD funds. That includes provisions like how grant applications will be scored, financing requirements, and the price at which states will start to consider technology other than the fiber-optic cable favored by the program.

The NTIA approved volume one from Louisiana on September 22 and Virginia on October 25, allowing their challenge processes to kick off. Those are each slated to last 90 days, after which the states will have finalized their list of which locations are eligible for BEAD-funded broadband.

The agency has yet to approve a volume two.

States are able to submit volume one before volume two, an effort by the NTIA to get challenge processes started and expedite the program’s process. 

Once a state or territory’s volume two is approved, it will have one year to award grants under the process outlined in that volume and submit a final proposal to the NTIA. Projects are slated to get underway after the agency signs off on those final proposals.

Speaking on a panel about “The Power of Navigation Services,” the expert, Jessica Dine of the Information Technology and Innovation Foundation, said states lack comprehensive data on why some residents remain offline. This information is essential for digital navigator programs to succeed, she said.

She highlighted the need for standardized national metrics on digital literacy and inclusion, and said that federal surveys – including the Census Bureau’s American Community Survey – provide insights on barriers to technology adoption. But more granular data is required.

She also said that the National Telecommunications and Information Administration’s Internet Use Survey doesn’t delve deeply enough into why people choose not to adopt the internet. For instance, understanding the nuances behind the ‘not interested’ response category could unveil targeted intervention strategies.

In particular, Dine praised Louisiana and Delaware for surveying communities on their connectivity needs, including overlaying socio-economic indicators with broadband deployment data. But she said more work is required to quantify the precise challenges different populations face.

Other panelists at the session, including Michelle Thornton of the State University of New York at Oswego, emphasized the importance of tracking on-the-ground efforts by navigators themselves.

Bringing in her experience from the field of healthcare navigation, Thornton underscored the value of tracking navigator activities and outcomes. She suggested a collaborative model where state-level data collection is supplemented by detailed, community-level insights from digital navigators.

The panel was part of the Connect20 Summit held in Washington and organized by Network On, the National Digital Inclusion Alliance, and Broadband Breakfast.

The session was moderated by Comcast’s Kate Allison, executive director of research and digital equity at Comcast.

To stay involved with the Digital Navigator movement, sign up at the Connect20 Summit.

Caroline Treschitta, a policy analyst at the National Skills Coalition, underscored the necessity of foundational digital skills for workforce development. She highlighted the Coalition’s focus on lifelong upskilling and reskilling, particularly in response to labor market shifts like the pandemic. Citing statistics from Indiana, she said one digital skill could result in a 23% wage increase, or the equivalent to an additional $8,000 to $9,000 annually.

She also said that one in three youth also lack foundational digital competency.

Chrissie Powell, chief growth and impact officer at the digital skills training group Byte Back detailed the organization’s efforts at tech inclusion focused on historically marginalized communities.

Byte Back’s approach begins with basic digital literacy, such as teaching how to power on a computer and safely navigate the internet, she said, extending to more advanced skills like Microsoft Office and IT fundamentals. Powell emphasized the significance of building confidence alongside skills to overcome fear, a major barrier in technology adoption.

Graham Jackson, social media and content analyst at Human IT, spoke about the organization’s national digital equity efforts, including providing reliable devices, internet connectivity, and digital skills training. He also mentioned the non-profit’s work in integrating financial literacy into digital skills programs, illustrating the connectedness of multiple technical skills to the domain of digital inclusion.

Representing the Ashbury Senior Computer Community Center, Gina Birch highlighted the organization’s work in digital literacy for seniors. The group has adapted its approach to cater to the varying skill levels of older adults. Burch also discussed the need for ongoing tech support and the evolution of training methods to keep pace with changing demographics and technological advancements.

The panelists called for increased funding and resources and emphasized that digital literacy is the bridge to workforce development as well as an integral part of social determinants of health.

The session was moderated by Yvette Scorse, communications director at the National Digital Inclusion Alliance. NDIA, Network On and Broadband Breakfast organized the Connect20 Summit.

To stay involved with the Digital Navigator movement, sign up at the Connect20 Summit.

The Universal Service Fund is a roughly $8 billion annual broadband subsidy for low-income households, schools, libraries, and healthcare providers. It’s funded by fees on voice service providers, leading to talks of reform as voice revenues decline and broadband adoption increases.

The Federal Communications Commission administers the fund, but has left it to Congress to change the USF’s contribution base, citing doubts about the agency’s legal authority to make that change on its own.

A Senate working group, which does not include the senators who proposed the new legislation, has been evaluating potential reforms to the fund since May.  

Commenters to that working group largely supported fees on broadband providers as a more sustainable long-term solution for the fund. A more contentious point has been whether or not to call on some tech companies to contribute as well.

The argument is that tech companies which operate largely online, like Google and Amazon, should pay into the USF because they benefit so directly from more people being able to access broadband. 

Tech companies have opposed the proposition, saying broadband companies are a more stable source of funding. FCC Commissioner Brendam Carr and broadband companies publicly support the idea.

So does the bill proposed on Thursday. It would direct the FCC to expand the USF contribution base to both broadband and online tech companies, known as “edge providers.” Those edge providers would be limited to companies responsible for more than 3% of the country’s internet traffic and with more than $5 billion in annual revenue.

Multiple broadband industry groups came out in support of the legislation, including USTelecom, which represents major providers like AT&T and Lumen, and two rural broadband coalitions.

Conservative groups are also challenging the USF in court. The right-wing nonprofit Consumers’ Research and other organizations currently have four pending suits alleging the fund is unconstitutional.

They argue Congress gave the FCC unfettered authority to collect a tax by establishing the fund in 1996, and that the FCC abused that authority by delegating USF management to a nonprofit under the commission’s control.

The Fifth Circuit Court of Appeals reheard one such case with a full panel of judges on September 19 and has yet to issue a ruling. The Sixth Circuit struck down a petition from the group in May, while the Eleventh and D.C. circuits also have yet to issue rulings. 

Senators Markwayne Mullin, R-O.K., Mark Kelly, D-A.Z., and Mike Crapo, R-I.D., proposed the bill. Kelly, along with Senate working group leader Ben Luján, D-N.M., reintroduced another bill in March that would also direct the FCC to research the feasibility of tapping big tech for funds.

“We need the rock stars in our state or in our region to tell us what they’ve been working on and how they feel that they could participate if they were given a grant for something, or if they had the opportunity to build their program,” said Thomas Tyler, deputy director of the Louisiana broadband office.

His state received more than $1.3 billion for broadband expansion from the Broadband Equity, Access and Deployment program, which he said would likely be enough to connect the state’s un- and underserved populations. The state is looking to put their leftover funds toward digital equity work, efforts to ensure people can use and afford their newly accessible broadband.

He spoke at the Connect20 Summit, an event aimed at facilitating conversations between digital navigators and policymakers as BEAD and digital equity funds get closer to flowing.

Organizations doing digital equity work will be able to apply for non-deployment grants under the program, or grants not used for building new infrastructure.

Bruce Clark, executive director at the Queen’s University of Charlotte’s Center for Digital Equity, said his organization is already working on efforts with North Carolina’s state government and private sector partners.

He said the center is working with the state’s Department of Adult and Aging Services to create a “digital health navigator” program in the state, a program for digital navigators to help people across North Carolina use broadband to access healthcare.

“We’re hoping to deploy that in the next 12 months,” he said.

To stay involved with the Digital Navigator movement, sign up at the Connect20 Summit.

“This is the hardest work. The heaviest lift,” said Candace Browdy, director of Connect lake County, an organization that works to get discounted internet to low-income households in Illinois. “You’re representing a government benefit and you’re working with people who don’t have that built in trust of the government – for reasons that are legitimate.”

She spoke on a panel at the Connect20 Summit, an event aimed at facilitating conversations between digital navigators and policymakers as digital equity funds from the Infrastructure Act begin to flow.

Finding a shared connection with people is key to breaking down some of that hesitation, said Kendall Lee-Daugherty, a digital navigator for the Cherokee Nation in Oklahoma.

For him, that’s having grown up in the same area and community as the people he serves.

“Having someone who you know has grown up in your town, who knows the region and the companies there, who knows how customer service works… it’s more beneficial in the long run,” he said. “People in my community still call me up. They’re starting to treat the relationship more as a friendship.”

Walter Prescher, a digital navigator at a Texas nonprofit, said his status as a veteran helps him build trust in the state’s smaller, rural communities.

“Veterans are often trusted members of the community, and when they vouch for you, people will begin to buy in,” he said.

A sister program to the Biden administration’s $42.5 billion broadband expansion program, the Digital Equity Act makes $2.75 billion available for digital equity efforts, like hiring digital navigators to foster broadband adoption where people have access. About $60 million of that has been freed up for states to draft digital equity plans, with the remaining $2.69 billion set to become available in 2024.

To stay involved with the Digital Navigator movement, sign up at the Connect20 Summit.

Connect20 Summit

Broadband representatives from Louisiana and Oklahoma commended the actions their states have taken in working with state prisons to integrate incarcerated individuals.

“We’ve got skill centers in our prisons,” said MJ Barton, tribal and programs outreach manager at the Oklahoma Broadband Office. “We want to take that program, use the career text, vote text, and have that go into those prison systems, speed drug court programs, re-merge programs – anything that will help list some of the apps up and give them an opportunity.”

Barton noted that Oklahoma tribes have employed incarcerated individuals to work in areas of the state that are facing workforce shortages for broadband expansion.

Thomas Tyler Jr., deputy director of the Louisiana Office of Broadband Development and Connectivity, recalled attending a graduation ceremony for prisoners who completed a broadband program with a North Louisiana community college. He emphasized the impact that event had on him and the significance it played in the lives of those men.

“It was a really, really touching ceremony to attend because they had eight guys who, you know, all different walks of life, whatever reason they were in prison, they were there to learn how to basically value their lives,” Tyler said. “You know, for some of these guys, that’s probably the first time they’ve graduated from anything.”

Despite these positive outcomes, the inclusion of incarcerated individuals in broadband has led to discomfort amongst potential hirees, according to Chad Crank, managing director of Grain Management, which had to find a different contractor that would hire people from an incarcerated background.

“If you’re going to come and speak to these guys and you don’t have any inclination of ever offering them a job, we don’t want you to come speak to them – there’s no reason to,” Crank recalled telling the contractor.

Although imperfect, the collaboration of prison systems with broadband expansion has led to an upsurge of employment, growth in communities, and the celebration of individuals who have overcome barriers for a second chance at life.

“The skills they learn are transferable and they can start to grow and mature in a company,” Tyler said. “[This] really shows that we have in our state those type of thought leaders who are pushing that type of issue forward and then changing lives and improving outcomes in that way.”

As detailed in the Infrastructure, Investment and Jobs Act, states can allocate a portion of their Broadband Equity, Access and Deployment program funds toward workforce development. While many states are currently working on their initial proposals for funding allocation, multiple industry experts have advised state authorities to allocate resources to build up essential human capital and engage young individuals in preparation for the future workforce.

“It’s not enough to just have a line that goes to your house,” said Sarah Morris, a deputy administrator at the Commerce Department, the agency responsible for the Biden administration’s $42.5 billion broadband expansion program. “If you can’t afford that connection, that is not of service to you. If you don’t have the devices to connect to that line, you’re not going to be able to get online in a meaningful way.”

She spoke at the Connect20 Summit as part of a panel with officials from the Treasury Department, which administers the $10 billion Capital Projects Fund, and the Department of Agriculture, whose ReConnect program has allocated $3.3 billion to rural broadband on top of its longstanding Rural Utilities Service subsidy. Broadband Breakfast editor Drew Clark moderated the discussion.

They echoed the position of advocates who have pushed for a more comprehensive approach to expanding broadband access and adoption. 

And funding agencies seem to agree. More than $1 billion of the Treasury’s CPF funds have been allocated to projects that build community centers rather than infrastructure, and all providers are required to participate in the Affordable Connectivity Program, a monthly internet subsidy.

“These are places where people can congregate and digital navigators can work,” said Joey Wender, director of the CPF. Digital navigators refers to people who work to get communities acquainted with online services.

The National Telecommunications and Information Administration, where Morris works, oversees a dedicated digital equity grant in tandem with the larger Broadband Equity, Access and Deployment program. The NTIA requires states to produce a digital equity plan – a plan to address broadband adoption gaps in rural and low-income communities, often through information sessions and affordability efforts – as part of the BEAD program. 

That $2.75 billion digital equity grant program is being administered in three phases: planning grants, capacity grants, and competitive grants. 

The $60 million set aside for planning grants has largely been disbursed. It’s intended to help states draft their digital equity plans. According to the NTIA, 28 states have released drafts of their plans for public comment. Final drafts are due to the NTIA within one year of receiving planning grant funds. 

Capacity grants are set to start up in 2024, with $1.44 billion being made available for states to implement the plans they draw up with planning grant funds. 

In addition to states, the $1.25 billion competitive grant program will be open to applications from nonprofits, local governments, and anchor institutions like libraries. It’s set to accept those applications after capacity grants are awarded.

To stay involved with the Digital Navigator movement, sign up at the Connect20 Summit.

In the age of digital automation and personalized AI agents, this simple truth may be the most surprising fact of the burgeoning movement for digital navigators.

Today (and tomorrow), we’re excited to be a part of the Connect20 Summit here in Washington and online. Together with Network:On and the National Digital Inclusion Alliance, Broadband Breakfast has helped to gather the key leaders in this space for this free event here in Washington.

It’s not too late to participate online. In fact, we invite you to view the event page and sign up for Free Zoom Registration. You’ll also receive access to the videos of each of today’s sessions.

Listening to Angela Siefer

In the lead-up to the event, I had to chance to catch up with Angela Siefer, executive director of the NDIA. She’s a leader in the digital equity movement, and has done so much to define this field that we now call “digital inclusion.”

“Technology is not going to solve the digital divide” without people involved, said Siefer. “There is a necessity of a human” who can guide or navigate those who need help managing technology and the internet.

Think of it this way: Will our nation enable digital adoption through better broadband access, or through more affordable internet connections? The answer, of course, is both/all. Access, affordability and adoption must work together.

Siefer says, referencing the Affordable Connectivity Program that provides a $30/month subsidy to lower-income internet users, “If we had only ACP and no digital navigators, we wouldn’t make much progress. If we had only classes in front of an instructor, that wouldn’t work either.”

The last few years have prompted a groundswell of understanding, Siefer said, about the role of digital mediators, i.e, “a person who can help you with your digital needs.”

The Connect20 Summit will discuss the role of these persons that we call digital navigators.

Why Connect20?

The Connect20 Summit is built around the understanding that a core component of Americans — about 20 percent — that are NOT connected to the benefits available through broadband internet services.

In a blog post last year, officials at the National Telecommunications and Information Administration highlighted the fact that “internet access means access to education, healthcare, jobs, and entertainment. It’s essential to full participation in our modern economy,” wrote the authors, Michelle Cao and Rafi Goldberg.

“Still, NTIA data show that about one in five U.S. households are not connected to the Internet at home,” they write, citing barriers that range from cost to access to no computer to a lack of interest or awareness.

The NTIA’s Broadband Equity, Access and Deployment program is one important initiative to make sure all Americans are connected to affordable broadband; the ACP program administered by the Federal Communications Commission is another. Both are enabled by the bipartisan Infrastructure Investment and Jobs Act, which was signed two years ago tomorrow.

But what does this mean for digital navigators?

From a stool to a ladder

Previous discussions about digital inclusion often centered around a metaphor of a “stool” that included access, affordability and adoption.

But Siefer said that we now realize there is a better paradigm. It is a digital ladder or pathway with about five steps:

The first is affordable connectivity itself. This presumes access to broadband, but it also includes making individuals aware of ACP and helping them sign up for it.

Second is the role of appropriate digital devices. Lots of work that needs to be done in this space because of a surfeit of low-quality computing equipment that’s become too prevalent since the pandemic, said Siefer.

Third are digital skills. This is where digital navigators really shine. They guide the disconnected by understanding their needs and empathizing with what they must learn and where they want to go.

Fourth is tech support. This is generally more specific to devices that have stopped working. “If you have resources, you go to your Genius Bar,” quipped Siefer. “If you don’t have resources, the device gathers dust.”

Fifth are applications. Interestingly, this can mean “application” in the sense of something like an application for benefits or an unemployment application. Or it could mean a software application that someone is trying to use for the first time. While NDIA doesn’t focus on specific applications, someone who has been trained by a digital navigator will have the confidence to get answers to their digital dilemmas.

Better Broadband, Better Lives

The confluence of the IIJA’s provisions to promote broadband equity, access and deployment present a once-in-a-generation opportunity to connect these 20% of Americans who don’t subscribe to home broadband.

Digital navigators are indeed the key to helping all American get on this pathway.

Our motto at Broadband Breakfast is “Better Broadband, Better Lives.” We’re passionate about this topic not just because we want better broadband. But it’s also because – with the help of digital navigators – we want to see everyone on the ladder of opportunity that leads to better lives.

The FCC is required by the Infrastructure, Investment and Jobs Act to adopt rules promoting equal broadband service for a given provider’s subscribers. That includes preventing differences in access based on race, income level, religion, and other characteristics – known as digital discrimination.

The deadline for that adoption is Wednesday, November 15, the same day the commission will hold an open meeting and vote on its draft rules. Those draft rules will take a tougher stance on companies providing disparate broadband services, opting for a ‘disparate impact’ standard for identifying that discrimination. That means broadband providers could be in violation of the rules even if they are not intentionally withholding quality internet from a protected group.

Industry groups urged the commission last week to change course on this and are continuing to do so. But public interest groups are making a push of their own days before the vote, meeting with commission staff to support the proposed rules.

Since September 6, the think tank Public Knowledge has met with staff from every commissioner’s office to ask for clarifications and pushback on industry arguments against the rules, namely arguments on price consideration and evaluating potentially discriminatory policies.

The commission’s proposed rules would include the prices charged by broadband providers among factors it would consider when evaluating claims of digital discrimination. For example, a provider offering similar areas different prices for the same service could potentially be discriminatory.

The U.S. Chamber of Commerce said in an ex-parte filing last week that that would overstep the FCC’s authority under the infrastructure law, calling the policy “rate regulation.” Public Knowledge pushed back on that to commission staff, arguing price is among the terms and conditions the FCC is obligated to consider when ensuring nondiscriminatory service.

The bar for rate regulation is also high, the think tank wrote in a November 8 ex-parte filing, and policies that affect prices have been found in court to fall short of that bar, so long as they do not explicitly mandate certain prices for certain services.

Multiple industry groups and major telecommunications companies also pointed to Inclusive Communities, a 2015 Supreme Court case related to disparate impact discrimination claims. They argued the FCC’S rules would run afoul of the framework set up in that decision by opening a broader range of business practices to scrutiny.

Public knowledge argued the Fair Housing Act, the law at issue in the case, is different from the updated Communications Act of 1934 language that mandates the FCC’s digital discrimination rules. Unlike the FHA, the Communications Act has an intent beyond the fair treatment of consumers, explicitly calling for “steps to ensure that all people benefit from equal access to broadband internet access service.” That makes the Inclusive Communities framework, which shields legitimate business practices from being found to be discriminatory, not applicable, the group wrote.

The National Digital Inclusion Alliance also met with FCC staff last week to express support for the rules, calling them “a critical step forward in dismantling the status quo.”

NDIA and the Leadership Conference on Civil and Human Rights both asked the commission to commit to releasing regular data on digital discrimination complaints and their outcomes.

Commissioners will vote on the rules and other measures at the FCC open meeting on Wednesday.

The $14 million Digital Champions Grant Program will fund digital literacy efforts in the state, with eligible uses including digital skills trainings, device subsidies, broadband affordability programs, and technical support efforts.

Projects funded by the program will have to support at least one population targeted by the 2021 Digital Equity Act, like low-income, rural, and racial minority households.

“This program will help ensure that every resident of our state is part of today’s digital economy and can work, learn, access telehealth and connect with others online,” said North Carolina Governor Roy Cooper in a statement on the program.

The state also released a draft of its Broadband Equity, Access and Deployment initial proposal this week, detailing North Carolina’s plans for administering its $1.5 billion allocating under the program. That proposal earmarks $50 million of that for digital literacy efforts.

For-profit entities are not eligible to apply for Digital Champions grants, with applicants being limited to local governments, school systems, nonprofits, and colleges and universities.

Projects will be eligible for $400,00 per county served, with a cap of $1.5 million.

The application window for funding under the program closes on January 9, 2024. Winners are slated to be announced by March 2024.

Hawaii released both volumes of its Broadband Equity, Access and Deployment initial proposal on Tuesday, followed by Oregon’s volume two on Thursday. The public comment period for Oregon’s plan is open until December 9, with the Hawaii window closing December 10. 

States must submit both volumes to the National Telecommunication and Information Administration by December 27, but the agency is approving proposals submitted earlier. Virginia and Louisiana have received approval for their volume ones and are getting their challenge processes underway. 

Volume one details how states will accept challenges to broadband mapping data, while volume two outlines the states process for administering grants under the $42.5 billion program.

Hawaii volume one

The University of Hawaii, rather than a state office, is overseeing the BEAD grant process in the state. 

Like most of those states, the UH broadband office is adopting the NTIA’s model challenge process, a template the agency set up as guidance. Hawaii is planning to use one of the modifications laid out by the NTIA and designate homes and businesses with DSL internet as “underserved,” and thus eligible for BEAD funds, regardless of what speed they are subscribed to.

That modification is an effort to phase out old copper telephone wires in favor of the fiber-optic cable prioritized by BEAD rules. The state will also accept speed tests as evidence that a provider’s service is lower than advertised, as well as the optional area and MDU, or multiple dwelling unit, challenges laid out by the NTIA. 

Under those rules, if six locations in a census block group or 10 percent of the units in an apartment building challenge the same provider’s technology or coverage, the provider must provide evidence that they serve the entire block group or building as reported in government data.

Hawaii is also intending to make some additions to the NTIA’s default list of community anchor institutions, organizations that are slated to get gigabit symmetrical speeds under the program. The UH broadband office is adding correctional facilities, job training centers, and homeless support centers to the list in an effort to get broadband to the state’s most vulnerable residents.

Hawaii volume two

In volume two of its initial proposal, the University of Hawaii declined to set outright a high cost threshold, the price at which the university will start to consider funding non-fiber technologies. In what is becoming another common approach, the university said it will use the grant applications it receives to determine which locations, if any, might need non-fiber technology to get served by the program.

The university said it plans to lay out minimum financing requirements when it requests grant proposals for the program. The NTIA changed its rules on those requirements on November 1, after pressure from advocates, broadband offices, and providers to loosen the 25 percent letter of credit rule. The agency now allows performance bonds and milestone-based reimbursement, which advocates say will let more small providers compete for BEAD funds.

Hawaii will also have to take environmental hazards into account when funding new infrastructure, the draft volume two said. It cited climate change fueled sea level rises, hurricanes, tsunamis, and volcanic activity as high risks for broadband deployments.

The university plans to administer the state’s $149 million BEAD allocation in a single funding round, but said it may conduct multiple rounds or negotiate directly with providers if necessary to serve all locations in the state.

Oregon volume two

Oregon’s broadband office is also planning to set a high-cost threshold after receiving all grant applications, and may decline to set one at all, it said in the state’s volume two.

The state will also negotiate with providers if not all unserved and underserved locations receive a grant application. It may also conduct multiple funding rounds in that case, something state offices have flagged as being a heavy lift given the NTIA’s one year timeframe.

The letter of credit language in Oregon’s volume two was written before the NTIA changed its guidance on the issue, the state’s broadband office wrote. It is seeking comment on how to address the updated guidance.

“Now the work kind of begins again,” said Quinn Jordan, head of the Mississippi Broadband Association.

He and other stakeholders pushed the Commerce Department to change the letter of credit rules for its $42.5 billion Broadband Equity, Access and Deployment program.

Before November 1, BEAD rules required a 25 percent letter of credit, which advocates said would edge out smaller providers. The updated rules allow states to use other means of confirming the financial viability of projects, like performance bonds, which are only paid out if a project fails,  and reimbursements based on deployment milestones.

But going forward, work will center on making sure state contracts are compatible with the other frameworks allowed in the changed rules, those advocates said at a webinar in the broadband community.

“If there’s too much exposure, we could really run up the cost of these performance bonds,” Jordan said.

Phil Macres, a telecom lawyer who organized a coalition of broadband providers to push the letter of credit changes, said he has been meeting with surety companies – institutions that issue performance bonds – to work on how best to structure these contracts.

The second biggest focus will be ensuring state broadband offices know how to navigate the updated financing rules, said Calum Cameron, a communications manager at Connect Humanity. Cameron drafted a 300-signatory open letter advocating changes to the old letter of credit rules. 

“This group will continue to work on both of these fronts,” he said. 

Working for letter of credit changes

The rule change took months of advocacy work behind the scenes, said Gigi Sohn, the longtime broadband advocate and one-time FCC nominee who now heads the American Association for Public Broadband.

“If anybody tells you this is an issue that was just brought to the attention of the NTIA,” she said, “it’s been much longer than that.”

Panelists credited Sohn’s involvement with some of the effort’s success.

“As soon as Gigi Sohn got involved, that’s when the issue really started to take hold.” said John Windhausen, director of the School, Health, and Libraries Broadband Coalition.

That, Mindhausen said, made it easier to set up meetings in August with White House officials and express concerns that the original letter of credit requirements were too restrictive.

Charles Thomas, director of operations at two small ISPs, said he reached out to Macres and Elizabeth Bowles, another panelist who serves as CEO of the ISP Aristotle Unified Communications, after hearing them speak about the BEAD letter of credit at a webinar.

He eventually sat down with them and NTIA Director Alan Davidson to explain how the old rules would have left him and other small ISPs on the sidelines.

“You got to get involved,” he said.

The Infrastructure Act requires the FCC to adopt rules promoting equal broadband service for a given provider’s subscribers. That includes preventing differences in access based on race, income level, religion, and other categories – known as digital discrimination.

FCC Chairwoman Jessica Rosenworcel said in October that the commission is considering a ‘disparate impact’ standard for identifying that discrimination, meaning broadband providers could be in violation of the rules even if they are not intentionally withholding quality internet from a protected group.

The U.S. Chamber of Commerce, AT&T, Verizon, and trade groups representing broadband companies met with commission staff last week to voice concerns about that standard and other parts of the proposed rules.  

In the months before the FCC announced the proposal, industry groups argued that a disparate impact standard is too broad and would result in companies being sanctioned for routine business practices.

Despite the commission’s proposed rules rejecting that argument, industry groups reiterated the position last week. They also expanded their complaints to the factors the FCC is planning to consider when evaluating digital discrimination complaints, vague requirements, and the framework the commission proposed to use in making determinations.

The commission is proposing to include pricing in the scope of practices that could potentially be discriminatory. Its proposed digital discrimination order would require prices for similar levels of service to be comparable for different groups of consumers.

Chamber of Commerce calls FCC proposal ‘rate regulation by another name’

For the Chamber of Commerce, that would be “rate regulation by another name,” the group said in a Monday ex parte filing. Jordan Crenshaw, the vice president of the group’s Technology Engagement Center, argued that this oversteps the Infrastructure Act, which allows the commission to ensure “terms and conditions” are equitable, but does explicitly say that prices or rates are included.

A coalition of public interest groups like the National Urban League and Coalition for Black Civic Participation also met with commission staff last week. They supported the move, saying it will “have a positive impact in the communities we represent along with other marginalized communities in America.”

The group also pushed the commission to create an annual report on the digital discrimination complaints it receives and adjudicates.

Multiple industry commenters pointed to Inclusive Communities, a 2015 Supreme Court case related to disparate impact discrimination claims. They argued the commission’s rules would run afoul of that case’s precedent by opening up non-arbitrary business practices – those that further a material business interest – to scrutiny, and by allowing one-timer decisions to potentially be found to be discriminatory.

Those opposed to the rule have at least one ally on the commission. Commissioner Brendan Carr issued a lengthy statement against the move Monday, objecting to the broadening of FCC oversight.

The commission will vote on the proposed rules at its November 15 open meeting. That’s the deadline set by the Infrastructure Act for its digital discrimination rules to be adopted.

Sign up for the Connect20 Summit, in person or online! Registration is free.

Navigation services are key to getting Americans online, and the data proves it. This panel will explore the empirical evidence and studies backing up the power of digital navigators.

Speakers:

• Kate Allison, Comcast
• Jessica Dine, Information Technology Innovation Foundation
• Michele Thornton, Oswego State University of New York

Sign up for the Connect20 Summit, in person or online! Registration is free.

ORGANIZED BY

Network:On is a campaign dedicated to closing the digital adoption gap, bringing America’s Excellent Internet to everyone. Launched in 2022 as a public education campaign, we’re working with community organizations and partners nationwide to spotlight the stories of those who work on the frontlines daily, going door by door to connect and empower their communities. Visit network-on.org to learn more.

National Digital Inclusion Alliance advances digital equity by supporting community programs and equipping policymakers to act. NDIA combines grassroots community engagement with technical knowledge, research, and coalition building to advocate on behalf of people working in their communities for digital equity.

Broadband Breakfast is the leading media company advocating for higher-capacity internet everywhere through topical, timely and intelligent coverage. The company’s annual Digital Infrastructure Investment Summit champions a robust 21st century information economy.

SPONSORED BY

Comcast Corporation is a global media and technology company. From the connectivity and platforms we provide, to the content and experiences we create, our businesses reach hundreds of millions of customers, viewers and guests worldwide. We deliver world-class broadband, wireless, and video through Xfinity, Comcast Business and Sky; produce, distribute and stream leading entertainment, sports and news through brands including NBC, Telemundo, Universal, Peacock and Sky; and bring incredible theme parks and attractions to life through Universal Destinations & Experiences.

Started in 2021 with $14 billion set aside by the Infrastructure, Investment and Jobs Act, the ACP provides over 21 million Americans with a monthly internet subsidy – $30 for low-income families and $75 residents of Tribal lands. The program is set to run out of money in 2024.

That would leave many Tribal residents faced with a voice between their internet bill and other essentials like food and electricity, said Linnea Jackson, the general manager of the Hoopa Valley Public Utilities District.

Her customers “need the internet for everyday life, but they also rely on that benefit” to make their monthly payment, she said at a webinar on Tribal broadband.

Allyson Mitchell, general manager of Tribal broadband provider Mohawk Networks, said the 500 ACP recipients on her networks are similarly reliant on the money to stay connected.

The Biden administration asked Congress last week to shore up the ACP with an extra $6 billion in its next spending package. That, White House estimates, would be enough to continue the program through December 2024.

A bipartisan chorus of lawmakers have been making similar pleas in recent months. Proponents of the program point to its roles in closing the digital divide – allowing low-income Americans to use the broadband infrastructure built with federal funding programs. In September, broadband companies pushed Congress to safeguard the ACP from gridlock on Capitol Hill by rolling it into an annual fund run by the FCC.

With a new speaker elected in the House, Congress has until November 17 to fund the government before the current stopgap measure runs out.

Jackson is hopeful that will include money for the ACP, she said, but she and her colleagues are bracing to make tough decisions if the fund dries up next year.

“We can’t just be providing service at no cost,” Jackson said. “We might have to look at shutting off those people, which is the opposite of what we want to do. We’re trying to serve an underserved community.”

At the event, you’ll have the unique opportunity to meet the change makers in the communications industry. The people responsible for driving changes and launching next-generation solutions. We are bringing together a global community of communication industry disruptors. You not only get to hear from them in person but also network with them during the conference.

See the full schedule on the VON: Evolution web page.

Register for the event using the Broadband Breakfast 15% discount.

VON: Builder | OCTOBER 31st

At: NYC Office of Pillsbury Winthrop Shaw Pittman LLC
31 West 52nd Street, NYC

9:00 AM – Registration – Main Lobby with Security & Name Badges on 28th Floor
10:00 AM
Welcome – Jeff Pulver & Dan Jenkins – Founder, Commcon | Everycast Labs | Nimble Ape
-Fireside Chat with Jeff: How We All Got Started in Real-Time Communications – Alon Cohen – Co-Founder, VocalTec & EVP/CTO, Phone.com
– FreeSwitch Community Update – Abbi Minessale – Community Developer, SignalWire
– Programmable Voice & AI – Pedro Sanders – Fonoster Project
11:10 AM
– Ethic & Sustainable Conversational AI- Diego Gosmar – Open Voice Network (Linux Foundation) Ambassador, Chief Evangelist, XCALLY
– Building RTC Applications in Finance – Dhananjay Deshpande – Director of Engineering, Bloomberg Real Time Communication (RTC)
– Controlling Physical Devices with WebRTC – Dan Jenkins – Founder, Commcon | Everycast Labs | Nimble Ape
12:10 PM – 1:45 PM Lunch Break
1:50 PM
– VON Coalition Update – Glenn Richards – Partner, Pillsbury Winthrop Shaw Pittman LLP
– Kamailio as Building Block for Voice & AI Platforms – Henning Westerholt – Senior IT Operations & Software Development Manager, GILAWA Ltd
– Programmable Smart Contracts with JavaScripts – Diego Lizarazo – Director of Developer Relations, Agoric
– Decentralizing Real-Time Communications- Ayush Ranjan – Co-Founder & CEO, Huddle01
– DevOps Stories: Looking Back at FWD – Ed Guy – CTO, FWD
3:30 PM – Ending Remarks

VON: Evolution Day 1 | WEDNESDAY, NOVEMBER 1st

At: City Winery
2nd Floor
25 11th Avenue, NYC

8:00 AM – Registration Opens
9:00 AM – Welcome – Jeff Pulver
– Genesis of the Real-Time Web – Alon Cohen – Co-Founder, VocalTec & EVP/CTO, Phone.com
– State of WebRTC – Dan Jenkins– Founder, Commcon | Everycast Labs | Nimble Ape
– Enterprise Wireless Connectivity & 5G – Dennis Specht – Founder & CEO, Redevi
10:00 AM
– GSMA Blockchain Vision for Telecom Industry – Shamit Bhat – Director of Product Management, GSMA
– VoIP Innovations – Iqram Magdon-Ismail – Founder, Smalltalk & Co-Founder, VENMO & Lior Cole – CEO, Novaverse
– Transforming the Digital Workspace – Fred Caicedo – Global Head of Unified Communications, Content and Collaboration, PNC Bank & Chris Fine – Technologist
– Regulatory Conversation – Glenn Richards – Partner, Pillsbury Winthrop Shaw Pittman LLP
11:00 AM
– Bandwidth as an Asset Class – Suruchi Gupta – CEO, GIANT Protocol
– Evolution of PBS in the Internet Age – Larry Irving – Chairman, Board of Directors, PBS
– Innovation in Communications – Dan Thygesen – SVP & GM Wholesale, Innovation & Partnerships, T-Mobile
11:50 AM – 12:30 Lunch / Networking
12:30 PM – Fireside Chats Continue
– Age of Secure Messaging – Alan Duric – Co-founder & COO/CTO, Wire
– Connecting the Geneneration Gap with Graphic Novels – Paul Levitz – Former CEO, DC Comics
– Watch This Space (WTS) Podcast Live! – Jon Arnold – Founder, J Arnold Associates & Chris Fine – Technologist
– 5G | IOT Solutions – Syed Bari – CEO, BDATA Solutions
1:30 PM
– DePin Revolution – Mahesh Ramakrishnan – Co-founder, Escape Velocity (EV3)
– Telecom / Blockchain Opportunities – Dean Tribble – CEO, Agoric
– Future of Connectivity – Suzanne Helllwig – AVP, 5G Ecosystem & Alliances, AT&T & Kelly Green – Chief Strategy Officer, TelcoDR
2:30 PM – Recap of Day 1 – Jeff Pulver

4:30 PM – VIP Speaker Dinner
Vista LIC Hotel Best Western * 27-05 39th Ave * Long Island City
7:30 PM – Fall ’23 VON: Evolution RECEPTION
Vista LIC Hotel Best Western * 27-05 39th Ave * Long Island City

VON: Evolution Day 2 | ‘THURSDAY, NOVEMBER 2nd

At: City Winery
2nd Floor
25 11th Avenue, NYC

8:30 AM – REGISTRATION
9:00 AM – Welcome Back – Jeff Pulver
– FreeSwitch Community Update – Abbi Minessale – Community Developer, SignalWire
– Startup Pre-Funding Cleanup – What to do Before Your First Funding Round – Diana Bikbaeva – Attorney, Marashlian & Donahue PLLC
– 2024 Outlook – Dean Bubley – Director, Disruptive Analysis Ltd.
– The Caller ID Mess – Ron Thornton – Consulting Engineer, Unified Office
10:10 AM- Bringing Back Trust in Communications Industry – Adam Macgill – Distinguished Engineer, BT Group
– Lessons from the Energy Industry – Andy Zetlan – President, Zetlan Consulting Services
– Evolution of Healthy Communication – Tessa Brown – Co-Founder & CEO, Germ Network
11:10 AM- AI Voice & Storytelling – Jeremy Toeman – Founder & CEO, Aug X Labs
– Distruptive 5G Communication Communities – Deborah Simpier – Co-Founder & CEO, Althea
11:45 AM – 12:30 PM LUNCH with Special Musical Guest
12:30 PM – Fireside Chats Continue
– The State of Now – Jeff Pulver – Founder, pulver.com
– Space-based Networks: Current & Future – Ian Fichtenbaum – Founder & CEO, SpaceRig
– Broadband Breakfast Panel – Drew Clark – CEO, Breakfast Media
– Blockchain & The Telco Back Office – Mark Bystriansky– Co-Founder, Emeldi Group
1:35 PM – NETWORKING
2:10 PM – VON: Evolution Wrap Up – Jeff Pulver – Founder, pulver.com

See the full schedule on the VON: Evolution web page.

Register for the event using the Broadband Breakfast 15% discount.

Inflation is a major force impacting companies and consumers alike. Cost of living increases are driving consumers to scale back overall spend on new connectivity and content experiences, but only 16% of households with broadband connections have reduced or plan to limit spending on home broadband, mobile connectivity or streaming. Regardless of spend, network reliability remains a critical decision factor for consumers, with 26% of respondents experiencing unreliable home broadband connections and a growing number willing to spend more for better customer service (up 6% year on year to 36%) and backup connectivity.

What is increasingly interesting for broadband providers is that economic conditions, consumer habits and maturing technologies have paved a path for the return of the bundle; however, the bundle of the future will have shifted from the classic package of video, fixed voice and internet. Wired and wireless technological advances, as well as emerging economic models and market ecosystems, are revolutionizing the bundle proposition and folding in mobile offerings through captive or mobile virtual network operator services; linear video content, including direct-to-consumer streaming packages (especially with the most recent cable and content negotiations); and other value-added services, such as security and coverage extensions, the consumer is more willing to adopt.

Bundles are much more attractive for consumers and operators alike

These industry trends, coupled with ongoing cost of living increases, are making bundles much more attractive for consumers and operators alike. Bundles can offer the value consumers currently crave. And many broadband providers are uniquely positioned to offer low-cost, convenient packages that combine fast and reliable in-home broadband, evolved video products and/or mobile solutions that are resonating with the market.

For operators reframing their bundles, content has been a big question mark — what content to include and how to package it within the overall offering, especially when considering that consumers have a growing sense of decision fatigue, with 54% of survey respondents reporting being overwhelmed by the abundance of content across platforms. More specifically, for the operator, video currently tends to be accessible everywhere with a subscription (that is, it’s accessible in and out of the home), with direct-to-consumer streaming services channeled by the content providers.

Recent negotiations between major media conglomerates and cable providers signal that this mature, legacy video model is no longer viable; the go-forward model will include tying linear content packages to the direct-to-consumer offering, as well as finding some differentiation in pricing through ad-supported streaming services and/or picture quality (e.g., HD vs. 4K).

In this evolving video landscape, broadband providers first must decide if they want to offer video (or other revenue-generating units, such as mobile) in their propositions and, if they do, how to go about it, for example, offering their own packages — white label offerings — or virtual offerings, such as a virtual multichannel video programming distributor proposition. In some instances, video can be the loss leader, and in others, especially with a new model, it could be margin accretive. Nevertheless, broadband providers need to once again rethink how video fits into the equation.

There are other opportunities to bundle, including with mobile

Outside of video, there are other opportunities to bundle, namely mobile. Broadband providers traditionally limited to cable- and fiber-based products can now expand where only a few operators play, in the integrated wireline and wireless operator space, by building mobile propositions through wholesale arrangements with mobile network operators and/or through hybrid networks.

Similar to customer demand for video content in and out of the home and how video may be converging back to the traditional bundle, communications and broadband may also be converging to a subscription that is in and out of the home and on a singular bill (just in time to meet consumers’ demand for more value out of their providers).

Bundles hold enormous potential for cutting through decision fatigue by offering consumers much-needed simplicity. Providers selling services can justify offering more value to the customer by having a more compelling lifetime value when the consumer utilizes more services. Additionally, from an operating cost perspective, complexity places a greater burden on customer support, which can be eliminated from the customer experience as operators use this pivot point to rethink operating models.

Across the board, operators need to simplify and clarify their purpose and the value offered to customers. Ultimately, within the context of the increased cost of living, broadband providers with the most straightforward and comprehensive propositions may have the opportunity to capitalize on consumers’ growing rejection of complex and fragmented services that increasingly offer unclear value.

Michael Misrahi, is’s EY Americas Telecommunications Leader. The views reflected in this article are those of the author and do not necessarily reflect the views of Ernst & Young LLP or other members of the global EY organization. This piece is exclusive to Broadband Breakfast.

Broadband Breakfast accepts commentary from informed observers of the broadband scene. Please send pieces to commentary@breakfast.media. The views expressed in Expert Opinion pieces do not necessarily reflect the views of Broadband Breakfast and Breakfast Media LLC.

The program was set up with a $14 billion allotment from the 2021 Infrastructure, Investment and Jobs Act. It provides a monthly internet discount of $30 for low-income households and $75 for residents of Tribal lands, more than 20 million households in total. Participants can also get a one-time $100 device subsidy.

“Without this funding, tens of millions of people would lose this benefit and would no longer be able to afford high-speed internet service without sacrificing other necessities,” the White House said in a statement.

About $5 billion remains in the program, according to a monitoring tool developed by the advocacy group Institute for Local Self-Reliance. That money is expected to dry up as early as April 2024.

The request from Biden joins repeated calls for Congress to renew the program. Lawmakers have underscored the importance of the program for closing the digital divide – allowing low-income Americans to access the high-speed broadband funded by the $42.5 billion Broadband Equity, Access and Deployment program.

Broadband providers also want to see the program continued, asking Congress in September to use money from another yearly broadband subsidy to keep the ACP afloat. They argued the Universal Service Fund, itself the subject of calls for reform, would provide a more sustainable funding model than repeated allocations from Congress.

The funding request also comes on the same day as House Republicans elected a Speaker, ending weeks of deadlock and opening the door for potential legislation.

The FCC is required by the Infrastructure, Investment and Jobs Act to adopt rules promoting equal broadband service for a given provider’s subscribers. That includes preventing differences in access based on race, income level, religion, and other categories – known as digital discrimination.

Rosenworcel said her proposal would adopt a ‘disparate impact’ standard for identifying that discrimination, meaning broadband providers could be in violation of the rules even if they are not intentionally withholding quality internet from a protected group.

Under the rules, the FCC would consider technical and cost barriers to deploying high-speed broadband as defenses from providers accused of digital discrimination, Rosenworcel said. Industry groups have argued they offer worse service in certain areas for economic reasons.

The proposal will also include guidance for states and municipalities to prevent digital discrimination themselves, as well as seek comments on expanding reporting requirements to get more information on recently completed broadband projects. A draft of the full proposal will be released tomorrow.

The commission will vote on the proposal at its open meeting on November 15. That’s the day of the Biden administration’s deadline for the agency to adopt digital discrimination rules.

The disparate impact standard has been the subject of debate since the FCC started taking comments on it in December 2022.

Industry trade groups and broadband providers urged the commission to take a more hands-off approach. In meetings and filings, they repeatedly pushed commissioners to limit the definition of digital discrimination to practices that are intended to disenfranchise specific communities. 

Verizon lawyers met with Rosenworcel’s staff just last week to reiterate the position.

But such conduct almost never happens, Rosenworcel said on Tuesday. By targeting intentionally discriminatory broadband deployment, she said, the agency would not be meeting its obligation under the Infrastructure Act to address disparate broadband access.

“Gaps in broadband access stem from policies and practices that might be neutral on their face,” rather than “intentionally discriminatory conduct,” she said.

That reasoning is in line with the Biden administration’s position. Earlier this month, the National Telecommunications and Information Administration met with commissioners on behalf of the White House to urge a disparate impact standard for the upcoming rules.

The commission also voted to move forward with its net neutrality proposal. 

Expanding E-Rate

The commission voted to adopt a rule allowing money from its E-Rate program to fund Wi-Fi connectivity on school buses. Starting in 2024, that will include discounts on internet plans and devices.

E-Rate provides subsidies to schools and libraries for broadband connection and devices through the Universal Service Fund. FCC Chairwoman Jessica Rosenworcel and Democratic lawmakers have been pushing to broaden the program since June.

Like the net neutrality proposal, the E-Rate expansion measure passed on party lines, with the commission’s two Republicans voting against it. Taking the same tack as Republican politicians, they argued that since buses are not themselves classrooms or libraries, the beneficiaries outlined in the law creating the program, E-Rate funds cannot be used for school bus Wi-Fi.

All other measures put forward passed unanimously.

Broadband access and maternal health

The FCC voted to launch a notice of inquiry into adding maternal health data to its Mapping Broadband Health in America platform.

At the direction of the Data Mapping to Save Moms’ Live Act, the commission updated the platform in June to include CDC data on maternal mortality and maternal morbidity – severe complications in labor and childbirth.

The latest notice of inquiry will seek comment on other data points to include and how to do so while protecting patients’ privacy. It also looks to hear from the public on current broadband-enabled maternal health services, common barriers to accessing those services, and what the commission might do to address them.

“The United States is the only industrialized country with a rising level of maternal mortality,” said Rosenworcel. “If there are ways this data can further assist efforts to address the maternal health care crisis, we want to know.”

Very-low-power devices in the 6 GHz band

The commission adopted a rule opening parts of the 6 GHz band for unlicensed use by very-low-power devices.

A total of 850 MHz in the band is now open for use by VLP devices both indoors and out, with no frequency coordination system. The commission first opened the band for unlicensed use in 2020.

The move is aimed at enabling new Wi-Fi-connected technologies and keeping the U.S. competitive ahead of the World Radiocommunication Conference in November.

The adopted rule also seeks comment on opening the entire 6 GHz band – another 350 MHz of spectrum – to VLP operation and allowing higher power levels with a geofencing system to prevent interference with incumbents.

Wi-Fi activists have pushed for the FCC to move faster on those two items, citing a growing need for Wi-Fi capacity as the nation looks to close the digital divide.

Alaska Connect Fund and USF updates

The commission voted to seek comments on how to set up an Alaska Connect Fund, which would continue USF support for Alaskan broadband. 

Alaskan broadband and mobile providers can currently receive support from the FCC’s Alaska Plan in the form of fixed payments from the USF. The FCC took the measure in 2016 because of the difficulties in deploying and maintaining infrastructure in Alaska’s harsh climate and large area.

The Alaska Connect Fund proposal seeks comments on what changes to the Alaska Plan would allow more Alaskans to get connected. The commission is also looking to hear about including ACF participation requirements, like Affordable Connectivity Program participation and cybersecurity standards, as well as how to include Tribal governments in the program.

In adopting the measure, the FCC also streamlined aspects of the Universal Service Fund, which it administers through the Universal Service Administrative Company.

Changes to the fund include removing certain filing requirements, modifying reporting deadlines, increasing performance testing requirements, and clarifying merger rules.

Emergency alerts

Commissioners also voted to update the Wireless Emergency Alerts program, which allows government entities to distribute emergency alerts to mobile devices.

Participating mobile providers now have to support multilingual alerts by enabling devices to display alert messages in each of the 13 most commonly spoken languages in the U.S., as well as including maps that show users’ locations relative to emergency areas in alerts.

The adopted rules establish a WEA database to display information about which carriers participate in which geographic areas. Carriers will be required to submit information to the FCC in order to participate.

Alerting authorities are also now allowed to send two localized test alerts per year.

Cable companies provide broadband with copper coaxial cable, but fiber-optic cable and fixed wireless technology have been growing in popularity.

Jay Lee, chief technology officer at cable provider ATX, pointed to research from Dell’Oro Group which projects cable will lose 5 percent of its broadband market share by 2025, largely to fiber and fixed wireless.

“The competition is real, from both fiber and fixed wireless,” Ed Shrum, vice president of engineering at major cable company Cox said at the Cable-Tec Expo.

But cable companies are looking to stay competitive as the Joe Biden administration rolls out its $42.5 billion Broadband Equity, Access and Deployment program, which heavily prioritizes fiber.

“With respect to RDOF and BEAD,” Lee said, referencing another major broadband grant program, cable companies “can very easily edge out” competing bids from providers using other technology.

Cable companies are touting future deployments of new chip technology like DOCSIS 4.0, which enables faster speeds, but the real edge in grant applications will come from low costs to upgrade to fiber, Lee said. 

He pointed to the HFC – hybrid fiber-coaxial – networks many cable companies already operate. In these networks, fiber handles data transfer between access points and servers while individual homes are connected to the network via coaxial cable.

Upgrading those coaxial segments to fiber costs far less than laying a new fiber network from scratch, as many competitors will be looking to do, Lee said.

Shane Portfolio, senior vice president of engineering at Charter, said cable companies should emphasize their incumbent status to stay competitive, both in grants and with customers.

“Being an operator is a very hard thing to do,” he said. “And to do it well is even harder.”

For Shrum, the strategy is more than a mitigation effort. He said Cox plans to expand its coverage through federal subsidy programs in the coming years.

“RDOF and BEAD, we’re aggressively pursuing those avenues for growing subscribers and increasing our base,” he said.

This issue of the digital divide wasn’t unique to Houston, the disparity in internet access was happening across America. In fact, in 2019, the Federal Communications Commission estimated that over 20 million Americans didn’t possess strong broadband access.

In  July, I was tasked to lead a new nonprofit organization in Houston called Link Health. At Link Health, our organization leverages the health sector to connect patients to the Affordable Connectivity Program and close the digital divide in healthcare.

The organization was founded by an emergency room physician and Harvard University Professor, Dr. Alister Martin, who tapped university students to serve as fellows and digital equity ambassadors. The fellows and ambassadors are placed in clinics and hospitals to actively enroll patients into the Affordable Connectivity Program while they wait to see the doctors. These college students are attacking the problem with fervor and urgency!

In Houston, over 400,000 households are eligible for the Affordable Connectivity Program, but there has only been a 30% adoption rate. Through our partnership with healthcare systems like Legacy Community Health, San Jose Clinic and Lone Star Health Center we have an opportunity to enroll over 200,000 people who are current patients of those systems. In our work, we found that many of those patients that are eligible for the Affordable Connectivity Program need support in completing the application, uploading documentation and then getting the actual discount applied to their internet service account. Our team is there from start to finish in this process.

Although our program is new, we have found success in our clinic- to- community partnerships. Our team has screened over 10,000 patients and enrolled almost 1,000 families into the program. We estimate that through Affordable Connectivity Program enrollments we have helped families save over $290,000 on home internet and our work is just beginning.

We recognize that the Affordable Connectivity Program is slated to sunset when the funds are exhausted. However, in the meantime, our student-led organization will continue to meet people where they are. We will move forward with bringing on new clinical partners and guiding their patients to receive access to these necessary discounts. To broaden our reach, we are sharing resources and marketing material for community health sites that include posters, RX discharge paperwork, brochures and other graphics that promote the ACP.

While news stations are no longer constantly covering stories about students’ connectivity challenges, the issue is still extremely prevalent in many communities. At Link Health we want to assist eligible families in connecting to the internet so that they have access to other resources like telehealth. Opening up access to the internet is one sure fire way to address social determinants of health and we are poised to connect people to the world.

Ar’Sheill Monsanto is the manager of Link Health, which connects patients to broadband access. This piece is exclusive to Broadband Breakfast.

Broadband Breakfast accepts commentary from informed observers of the broadband scene. Please send pieces to commentary@breakfast.media. The views expressed in Expert Opinion pieces do not necessarily reflect the views of Broadband Breakfast and Breakfast Media LLC.

Charter was required to expand its broadband infrastructure to cover 145,000 unserved and underserved locations in Upstate New York as a condition for approval of its 2016 purchase of Time Warner Cable. The company initially missed deployment obligations, but the state extended the deadline in 2019, allowing the company to stay in New York.

Despite the initial hesitance, Charter was happy with the results, said Chris Winfrey, the company’s CEO since December 2021.

“We thought it would be terrible. Turned out it was really good,” he said at the Society of Cable Telecommunications Engineers’ Cable-Tec Expo. “The penetrations were not only high, but they were quick. The cost to serve was low.”

The situation was so favorable for Charter that it became one of the biggest bidders in the federal Rural Digital Opportunity Fund in 2020, ultimately winning over $1.2 billion to serve over one million locations in 24 states. That’s just under the largest award under the program.

Several companies defaulted on RDOF winnings in 2021 after scrutiny around suspected exaggeration in deployment plans and complaints of flawed data collection prior to the program’s auction. Charter was not among them, but asked to be released from its obligations in several states, citing the existing presence of adequate broadband.

Winfrey said he is optimistic about undertaking more rural projects with the coming influx of public grant money. 

“This is a unique moment. I think we should take advantage,” he said.

The Joe Biden administration’s $42.5 billion Broadband Equity, Access and Deployment program is getting underway, with states submitting initial proposals to the National Telecommunications and Information Administration until December 27. One state, Louisiana, has had volume one of that proposal approved and is accepting challenges to broadband map data ahead of awarding grants. 

Some states still have unallocated money from the American Rescue Plan Act that can also be put toward broadband programs.