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.”            

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

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

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.

“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 $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.

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.

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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.

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 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.

In a meeting on behalf of the Biden administration, the NTIA urged the commission to adopt a “disparate impact” standard for determining digital discrimination, meaning broadband providers’ business practices could be considered discriminatory even if they are not intentionally withholding internet access from a protected group.

“Only a definition of digital discrimination that includes policies and practices that have disparate impacts can adequately protect less-connected communities,” the NTIA wrote in an ex parte letter filed on Friday.

Industry groups have argued against this, saying broadband providers often deploy infrastructure on the basis of cost and logistical constraints. It would be unreasonable, their trade groups argue, to require providers to divert resources to serving unprofitable and expensive-to-reach parts of their service areas with high-end broadband.

The NTIA noted that the Infrastructure Act requires the FCC to consider these constraints in its rulemaking process. But the agency urged the commission not to take cost-related arguments at face value.

The agency pointed to an April filing from the non-profit Public Knowledge and other broadband advocates which proposed guidelines for evaluating economic feasibility claims from providers. Those proposals should serve as a guide for the FCC, the agency wrote. 

Public Knowledge urged the commission to consider whether subsidies like the Affordable Connectivity Program, which provides a $30 monthly internet discount for low-income households, would make an area feasible to serve. 

The group also proposed evaluating returns at a service area level rather than a neighborhood level, citing a report from the Markup that found poor neighborhoods are often offered lower speeds than high-income ones. The profits from those high-income areas, Public Knowledge argued, should offset the cost of serving higher-cost communities.

“Put another way, if you want to serve the Washington, D.C. market, that includes deploying equal access in Anacostia as well as in Georgetown,” the filing read.

The commission is required to adopt digital discrimination rules by November 15.

Screenshot

The U.S. is dedicating billions of dollars to connect everyone, everywhere to broadband with programs such as the Affordable Connectivity Program and the Broadband Equity and Advancement Program.  Industry partners have also invested significant dollars for broadband buildout and to implement affordable service plans for those that qualify in unserved and underserved areas.

A broadband connection opens a universe of great opportunities and benefits for older adults that grows exponentially.  While most know of these benefits, they have a growing number of questions about what some of the latest technological developments mean for them, as well as what the future online experience will offer.

What are these burning questions that older adults have about tech?  Here are five “hot topics” at the top of the list:

What impact does Artificial Intelligence have on my daily life?

Artificial Intelligence, or AI, is simply the development of computer systems to perform tasks that would normally require human intelligence.  This AI or “computer generated” intelligence can be evident in tasks such as speech recognition, visual perception, translation between languages, in some of the advanced tech devices that we use now for everyday tasks.

AI is integrated into older adults’ everyday life, with those 65+ increasingly relying on critically important technologies that utilize AI to improve and advance services. Without perhaps realizing it, older adults are using AI for music playlist recommendations, engaging with customer service chatbots that can immediately answer questions, using wearable fitness trackers that help analyze exercise patterns, and utilizing voice assistants in the home – all common uses of AI.  Artificial Intelligence is built into our smart cars, smart appliances, and telehealth applications, which are all elements of “smart” aging.

ChatGPT (and Regenerative AI):  Is this a useful technology for older adults?

The media has been buzzing about the latest AI development, ChatGPT (“Chat Generative Pre-trained Transformer”). There’s a great deal of concern swirling around regarding the impact it will have on originality and individual creativity.  Leaving these debates aside, there are beneficial applications of ChatGPT for older users: 1) answering questions about any topic and engaging in “conversation,” is one example where it can be used to help to reduce isolation and sharpen cognitive skills; 2) listening and sharing stories so that an individual feels “heard;” 3) offering specific hobbies and activities geared to the individual’s interests; and 4) to potentially assist with healthcare and questions related to specific illnesses.  There are opportunities to have fun with ChatGPT as well, asking it to compose silly rhymes and respond to non-sensical questions.

Virtual Reality and Augmented Reality:  What’s the difference between the two, and will either one be of interest to me?

The technology of Virtual Reality or VR – immerses you in a virtual world to transport you to an experience without leaving your living room.  An older individual can put on a VR headset and ride along an open Jeep on an African safari, tour the Guggenheim Museum in New York, attend an opera or concert at Carnegie Hall, or stroll along the streets of Paris.

These are some of the applications of VR today and VR headsets are available for use at some independent and assisted living homes, providing opportunities for older individuals to enhance their daily lives.  VR is also a great tool for the elderly to reduce isolation who have limited mobility or are perhaps experiencing cognitive decline. It provides an opportunity to relive early experiences and travel the world.

Augmented Reality – or AR – is technology that overlays digital images, or a “virtual image,” on to the actual world: a “real” environment” setting for an enhanced experience.  An individual can accomplish this today by just simply using their existing device such a smartphone.  For an older adult, there could be a wide range of applications, available now and with more in the future for AR.

Shopping at home is not only easier, but more meaningful, with the opportunity for potential purchases to be viewed exactly as they will look in the home: a new rug in the store or a painting in a gallery can be viewed alongside you own existing possessions in your home.  A dress from a boutique can be “tried on” in the virtual world using AR.  AR technology can be accessed with an existing device such as a smartphone, or some other device in the future.

Privacy, Privacy, Privacy:  I want it when I’m online, so what action should I take?

Older adults recognize the ubiquitous nature of technology in their lives today and anticipate innovations to come but can hesitate about its use because of privacy concerns.  According to the American Society on Aging, “Elders often avoid buying or limit using technology because of privacy, security, usability and other concerns.”  Older adults need and want to engage privacy protections in their tech devices.

There are currently tools available to set-up privacy and security protections for devices most older adults are using, such as smartphones, tablets, home security systems and voice assistants.  However, as the innovative space gets more complex, older adults will need to understand the privacy and security risks of the tech they’re using, as well as learn to engage any available protections to maintain their privacy.

What’s Next?  How can tech help me stay in my home?

As we consider innovations to assist older adults in aging well, there are several opportunities within the home and community. A recent AARP report demonstrates that there are a growing number of older adults who have adopted smart home technology to manage their energy services, security, and appliances. As autonomous vehicles continue to develop, they will offer older individuals ongoing independence well into the older years. Technology holds great promise to provide new innovative ways to support caregiving.

For older adults, a broadband connection is the gateway to new opportunities for aging well.  As more within the community get connected, questions and concerns will continue regarding new technologies.  Clear information to address these issues will help to ensure they have a safe and secure online experience and to continue to receive the great benefits innovation offers.

Debra Berlyn is the Executive Director of the Project to Get Older Adults onLine (Project GOAL), which works to promote the adoption of broadband for older adults, and to advance technology applications for the community. She is also president of Consumer Policy Solutions, is on the board of the National Consumers League, and is a board member and senior fellow with the Future of Privacy Forum. 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 Mississippi Broadband Association is looking to raise $10 million to start the fund, which MSBA Executive Director Quinn Jordan said is intended to ensure newly built broadband infrastructure stays affordable in the state.

“We can build these networks,” he said, speaking at a Fiber Broadband Association webinar on Wednesday, “But if we don’t get people connected, if they don’t have the literacy or capability to do so, what have we really done?”

The initiative, called the Connect and Literacy Fund, is planning to increase ACP adoption in Mississippi. Over 18 percent of the state lives below the poverty line, making them eligible for the $30 monthly internet discount, but less than half that number participate. The MSBA is planning to make ACP sign-up part of the registration process to participate in the fund’s programming.

That programming will focus on teaching people how to use internet services like telehealth and streaming and provide large discounts for tables and PCs. The ACP provides a $100 device subsidy, but this is rarely enough for low-income households to make a purchase, Jordan said.

Difficulty accessing affordable devices is contributing to the digital divide in Mississippi, according to Jordan. He pointed to the fact that over 40% of Mississippians do not have access to a tablet or computer.

“That is a huge number. And it’s a barrier to entry,” Jordan said. “The Connect and Literacy Fund is hopefully going to address that.”

Jordan said the $2.75 billion Digital Equity program, part of the Biden Administration’s Infrastructure, Investment and Jobs Act, will be beneficial, but MSBA’s Connect and Literacy Fund will have a role to play in ensuring the state builds on the gains it makes with the federal funds.

“That money is going to run out,” he said. “What we’re doing is ongoing.”

The ACP might also be short-lived. The $14 billion allocation from the Infrastructure Act is set to dry up in April of next year.

MSBA has spent the last two months developing its programing and is looking to start coordinating events with local anchor institutions in the coming months, Jordan said. 

The FCC proposed two definitions of digital discrimination in December 2022: The first definition includes practices that, absent technological or economic constraints, produce differential outcomes for individuals based a series of protected characteristics, including income, race, and religion. The second definition is similar but adds discriminatory intent as a necessary factor.

“To make business determinations regarding capital allocation, an ISP must consider a host of commercially important factors, none of which involve discrimination,” said the September 12 letter from USTelecom, which represents providers including AT&T, Verizon, Lumen, Brightspeed, and Altafiber.

“As the Commission has consistently recognized, such deployment is extremely capital-intensive…This deployment process is therefore subject to important constraints related to technical and economic feasibility” added the letter.

US Telecom explained that ISPs’ will choose to invest where they expect to see a return on the time and money they put into building broadband.

The association added that factors like population density, brand reputation, competition and the availability of the providers’ other services all go into deciding where broadband gets deployed.

“The starting point of the Commission’s approach to feasibility should be a realistic acknowledgement that all ISPs must prioritize their resources, even those that invest aggressively in deployment,” added the letter.

The association also highlighted the fact that it hopes to see as little government intervention in broadband deployment activity as possible, a concern that has been echoed by lobbyists before.

“Rather than attempting to use Section 60506 to justify taking extra-statutory intrusive actions that could paradoxically undermine ongoing broadband investment, the Commission must enable ISPs to make decisions based on their own consideration of the kinds of feasibility factors discussed above” read the letter.

Section 60506 of the Infrastructure, Investment and Jobs Act says that the FCC may implement new policies to ensure equal access to broadband.

The FCC is also looking to develop guidelines for handling digital discrimination complaints filed against broadband providers.

USTelecom said that ISPs should be allowed to demonstrate financial and logistical concerns as a rebuttal to those claims, in addition to disclosing other reasons for directing investment elsewhere to demonstrate non-discriminatory practice.

Reasons for investment elsewhere would include rough terrain, low-population density, MTE owners not consenting to deployment, zoning restrictions, or historical preservation review.

“To aid in the success of the Infrastructure Act and facilitate equal access, the Commission must continue to foster an environment conducive to ISP investment in the high-speed broadband infrastructure that Congress rightly views as central to our connected future,” concluded the letter.

The promotion efforts will include promoting the FCC program at public housing properties, joint enrollment events, and increased collaboration on messaging campaigns.

HUD Secretary Marcia Fudge touted the agency’s partnership with the FCC at a community event in Seattle, Washington, and encouraged residents to sign up.

The announcement comes a month after the launch of White House’s “Online for All” campaign, an effort to raise nationwide awareness of the ACP.

Part of the Infrastructure, Investment and Jobs Act, the ACP monthly discounts on internet service of between $30 for low-income American and $75 for Tribal residents.

The $14 billion program is serving more than 20 million households as of August 14, roughly a quarter of whom had no internet access at all prior to receiving ACP benefits.

A monitoring tool developed by the Institute for Local Self-Reliance, a community advocacy group, estimates that $6.3 billion in ACP funds have been used up.

The remaining $7.7 billion is expected to dry up in 2024. Lawmakers have called for funding increases, citing the racial divide in internet access – 71% of Black households and 65% of hispanic households have broadband access, compared to 80% of white households –  that could worsen in the absence of ACP discounts.

The Information Technology and Innovation Foundation, a nonpartisan think tank, released in July a report calling for Congress to eliminate old broadband subsidies that have been rendered redundant by the $42.5 billion BEAD program and divert the funds to the ACP.

“Public energy and time in this space would be much better served fine-tuning and scaling digital inclusion efforts than being obligated to lobby for a program whose continuation should be a no-brainer,” wrote Joe Kane, director of broadband and spectrum policy at the ITIF and author of the report.

Describing the statistic as a “surprising” revelation, Katherine Aquino, a data analyst at the nonprofit EducationSuperHighway, drew attention to her organization’s data tool, which tracks participation in the ACP – a program designed to provide monthly internet bill discounts of $30 and $75 to low-income Americans.

John Horrigan, senior fellow at the nonprofit Benton Institute for Broadband & Society, nodded to the data, adding that Benton’s ACP Enrollment Performance Tool also found the same implication.

The tool indicates a positive association between poverty level and ACP enrollment, meaning the poorest zip codes have some of the highest ACP participation rates, he explained.

“This should be good news for policy makers,” added Horrigan. “It means the benefit is reaching the target population the policymakers have in mind.”

The Federal Communications Commission announced on Monday that about 20 million households have enrolled in the ACP, which accounts for nearly half of the total eligible households. The agency also emphasized its ongoing outreach efforts to encourage a higher number of registrations for the program.

However, an enrollment uptake does not necessarily translate to good news.

Another ACP data monitoring tool developed by the advocacy group Institute for Local Self-Reliance paints a somewhat grim picture, estimating that as of August 2023, only approximately $6.3 billion in ACP funds remain out of the initially allocated $14 billion. 

Experts have also predicted the ACP will run out of funding in early 2024, depending on how fast new households would sign up for the program.

“There’s still maybe 63% of the ACP eligible households that are still not benefiting from a potentially $360 federal benefit that they could be receiving,” said Aquino.

Meanwhile, ACP’s future seems to hang in the balance as numerous calls for funding replenishment have met with a lack of response from the halls of Congress.

Matt Schmit, chair of the Illinois Broadband Advisory Council, said that Illinois is working to achieve universal access for all residents in a sustainable way. The goal is to solve this public policy challenge once and for all, he said, referring to the digital divide between Americans who are connected to high-speed internet and those who are not. 

To do this, Illinois is forging partnerships with stakeholders and giving them the resources they need to continue digital equity work after BEAD funds have run dry. Digital literacy, cybersecurity, awareness, and adoption will be an ongoing effort for many states, said Schmit. 

Director of the Utah Broadband Center Rebecca Dilg added that Utah is working with community agencies on the ground that can help work with people and address digital equity concerns. She is hopeful that the money from the BEAD program will connect most, if not all, Utah addresses and expressed her hope that community anchor institutions will continue to support adoption beyond deployment.  

Utah’s broadband office has already met with “every” internet service provider in the state to ensure the office knows how to best address the needs of its residents, said Dilg. 

For Louisiana’s broadband office, the primary concern is improving the lives of the residents and the outcomes they can foster for themselves through better connectivity, said Thomas Tyler, deputy director for Broadband and Connectivity in the state. 

The BEAD program is the opportunity for Louisiana to change the quality of life for its residents and improve its economy, said Tyler. If residents start improving their lives, their careers, and their family situation, that is how we, as the Louisiana state broadband office, will know we succeeded, said Tyler. 

Louisiana is “moving as fast as possible” through the BEAD grant process, Tyler continued. The state was the first to release its digital equity and 5-year action plan in June and was the first to release the first volume of the BEAD initial proposal. The state is preparing to release volume two of the proposal in the next week. It will be open for public comment for 30 days. 

Tyler expressed his hope that Louisiana will be a leader for the BEAD program and that other states will use its plan as a springboard for their own plans. 

The BEAD program is accompanied by the $2.75 billion Digital Equity program, also authorized through the Infrastructure Investment and Jobs Act. State officials agreed that it is essential that the BEAD program also accounts for digital equity goals. BEAD regulations allow for surplus funding to be funneled into digital equity initiatives after all unserved, underserved, and community anchor institutions are connected.  

As outlined in the Infrastructure, Investment and Jobs Act, the FCC is tasked with distributing the $14 billion in ACP funding to help low-income households gain access to affordable internet connections. The benefits include a one-time $100 discount on internet devices and a monthly discount of $30 or $75. Historically, the $75 discount has only been available to those living on tribal lands.

However, the FCC’s adoption would expand the benefit beyond tribes to other high-cost locations, based on the data the National Telecommunications and Information Administration would provide as part of its management of the Broadband Equity, Access and Deployment Program, said the FCC.

The $75 discounts assist providers who can demonstrate that the standard $30 monthly benefit would place them in “particularized economic hardship” and make it impossible for them to maintain parts or all of their network in hard-to-reach areas.

This would not only incentivize providers to participate in the ACP, especially in rural areas, but also spur deployment and adoption by strengthening the business case for providers to deploy broadband in those areas, said the agency.

The order would also establish the framework for evaluating and deciding on providers’ economic hardship submissions and require approved providers to submit an annual economic hardship showing to maintain eligibility.

Despite concerns that funding might dry up in early 2024, the agency announced that ACP has connected more than 19.8 million out of the 48.6 million eligible households, an increase of more than one million over last June’s data. Out of those 19.8 million, 2.8 million are living in rural regions, said Chairwoman Jessica Rosenworcel.

“ACP’s continued success in rural America will do more than help millions of rural families get and stay connected,” said Commissioner Geoffrey Starks, reiterating the belief that an enhanced ACP benefit would also “spell good news” for rural deployment efforts, especially the BEAD program.

As part of the meeting’s agenda, the commission also pushed forward an order to launch a technical inquiry to better understand the non-federal spectrum usage data. In particular, it will look at the possibility of adopting new technology, including artificial intelligence, to guide spectrum-related decision making.

The commission also approved a record $300-million penalty against an international robocall network, which targeted over half-a-billion Americans with five billion illegal phone calls during a three-month period in 2021. This marks the commission’s most recent effort to crack down on mobile fraud, particularly targeting issues such as robocalls and robotexts.

During a webinar on Tuesday, Baxter pointed to the multi-step application process as a huge barrier for enrollment in the ACP program, which offers discounts for low-income families to obtain internet connectivity.

In order to sign up for ACP, applicants have to submit multiple documents verifying their identity and eligibility. This process may take up to 30 or 45 minutes, but applicants are usually on a time crunch or have limited access to the internet or limited digital skills, which is often the case for families seeking ACP subsidy, said Baxter.

Once they have submitted the applications, chances are there will be name mismatch because applicants don’t always have access to all required documents. In that case, they would have to start the whole process over again, she added, saying this is one reason why only one out of four eligible households are enrolled in the program.

In June, the Joe Biden administration announced ACP has been serving more than 18 million Americans out of an estimated 48.6 million eligible households. It also launched a campaign in coordination with the Federal Communications Commission to help the remaining families sign up. The agency said it continued to seek ways to streamline the application process and improve the program’s customer experience.

“We have limited time as individuals, especially as families, working parents,” Baxter explained. “Spending this much time on application might not be something that they are able to do.”

One way to address this issue is through community outreach, where local digital officials or navigators can motivate and assist households throughout the application process, said Herminia Ramirez, chief-regional community coordinator for the Department of Homeless Solutions and Equitable Communities in San Diego County, California.

For families to successfully see the discounts on their bills, “it often takes someone who knows the program, who can hold their hand and carry them through the process,” she remarked.

In addition to updates on the program, panelists also echoed other industry experts to urge Congress to replenish ACP’s funding before it runs out in early 2024.

ACP is the best anti-poverty program for the money

People use broadband to get a job, start a business, and learn new skills. Financial support to low-income Americans for broadband connectivity is an important, accepted social good, evidenced by the bipartisan support of the Universal Service Fund for almost 30 years. All Americans are better off when more people can have employment, health, and education. Notably accessing these services by broadband uses less government resources than in person.

Data and learning from ACP is critical to broadband policy researchers like John Horrigan at the Benton Institute, the Pew Broadband Access Initiative, Hernan Galperin at USC Annenberg, and the Government Accountability Office, Paul Garnett, and the American Consumer Institute which just convened an event on the topic. Former Federal Communications Commission Mike O’Reilly observed that the key argument for the ACP is upward mobility.

Randy May of the Free State foundation noted, “the evidence shows that in both rural and urban areas, and in both so-called Red and Blue states, the Affordable Connectivity Program is enabling millions of low-income persons to obtain a broadband connection that otherwise they might not be able to acquire.”

ACP demonstrates policy improvements from decades of suboptimal broadband subsidies programs like Lifeline. ACP works in part because it offers a meaningful benefit directly to consumers with minimal government intervention.

Just as vouchers enable school choice, vouchers enable broadband choice, allowing consumers to select their preferred provider and technology, creating broadband competition in the process.

The benefits of ACP flow to more than just those who it helps subscribe

However beneficial, ACP funds will run out before the end of the year, threatening to pull the rug out from under millions of U.S. households who rely on ACP to afford broadband.  Congress recognizes the importance of the program and the upward mobility that internet connectivity enables. Programs like ACP can pay for themselves over time with targeted reforms to modernize broadband subsidy programs.

As my new research shows, the largest beneficiaries of the ACP are America’s tech platforms Alphabet, Meta, Amazon, Apple, and Microsoft. Together they earn hundreds, if not thousands of dollars, annually on each new American who adopts the internet.

However, these companies do not participate financially in federal programs designed to promote broadband adoption. Whereas telecom providers have been paying billions of dollars for years to support the USF, universal service subsidies to fund broadband for rural areas, school, libraries, hospitals, and low-income Americans, tech platforms have contributed zero to such programs.

Yet tech companies get the benefit of any new user who comes online from these programs. My new report describes the ways that these companies could contribute financially, continue to enjoy the financial benefits of new internet users, and minimize pass-through to end users.

Congress and the FCC recognize that ACP should continue and that it should be reviewed as part of the larger Congressional efforts to reform USF and to conduct oversight of broadband subsidies. Kudos to Senators Ben Luján, D-N.M., and John Thune, R-S.D., who have launched a bipartisan working group on these issues.

ACP should not be allowed to run out. Congress should appropriate bridge funding for ACP while it works on long term reforms which will take time. In the interim, our nation can’t afford to unplug millions of U.S. households.

Roslyn Layton, PhD, Senior Vice President of Strand Consult and Visiting Researcher at Aalborg University Copenhagen, is an international technology expert focused on the economics, security, and geopolitics of broadband internet technology. She has testified before the U.S. Congress on competition in wireless technologies, spectrum reform, the security advantages of 5G versus Wi-Fi, and the empirical and ethical case for fair cost recovery for broadband networks. She is also a senior contributor to Forbes, a Fellow of the National Security Institute at George Mason University, and a Senior Advisor to the Lincoln Policy Network. 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.

However, careful planning and community outreach are essential to using these funds effectively, as is the Affordable Connectivity Program—the most successful program the country has ever enacted to help struggling families afford high-speed internet.

We know that for a lower-income family in the digital divide, just having access to a broadband network is not enough to ensure that they can subscribe. The ACP is an essential tool because it addresses the number one reason people aren’t online—they’re unable to afford internet service. In fact, offline households are often only able to pay $10, yet the median cost of an internet plan is $74.99 per month.

The ACP helps lower-income households by subsidizing the cost of an internet service plan as well as devices, like laptops or tablets. In fact, the program is overwhelmingly popular, and uptake is exceeding even the highest expectations.

Analysis of Affordable Connectivity Fund shows its popularity among Democrats, Republicans and independents

Our analysis shows it’s popular in cities, suburbs, and rural areas. It’s popular with Democrats, Republicans, and independents. In short, the ACP is helping people everywhere, no matter where they live or how they vote.

Here are five facts about the impact the ACP is having on families across the country:

• Roughly 50 million households qualify for the subsidy. That’s nearly 40% of the country.
• Over 18.5 million households are currently enrolled. That’s more than 14% of the country.
• In 2023, ACP enrollment grew by over half a million every month, or at a rate of 3.5% per month.
• Majorities in both parties support the ACP: Sixty-four percent of Republicans and 95% of Democrats.
• The ACP’s success is bipartisan. Forty-six percent of enrollees live in Republican congressional districts, and 50% live in Democratic congressional districts.

The benefit of the ACP also reaches well beyond eligible households. Our research found that connecting families has a significant positive impact on education, health care, government services, and even workforce development. When more households are connected to high-speed internet, outcomes can improve in each of these sectors. For example, when students remain unconnected, our research found an estimated loss of $33 billion dollars in GDP annually. By connecting students, the country could avoid this loss.

A recent analysis by Cigna noted that telemedicine access lowered the cost of care by up to $141 per visit. The same analysis found that telemedicine increased the number of entry points into the health care system as well as improved outcomes. With more families connected, telemedicine could be an option for more people, both patients and providers. Connectivity also increases employment rates and earnings, creating more than $2,200 in economic benefit for lower-income households.

Both new and established providers need certainty that ACP will remain in place as they decide whether to participate in the biggest new broadband infrastructure program, the Broadband Equity, Access, and Deployment Program, and determine how ambitious they can be in their proposals.

Our recent analysis found that the existence of ACP led to an estimated 25% reduction in the per household subsidy needed to incentivize providers in rural areas. ACP is the linchpin that will turn the IIJA’s massive once-in-a-generation investment in broadband from a program that is just about building networks to one that is helping our most vulnerable communities connect to the benefits of the digital economy.

At Common Sense, we have worked hard to get to where we are today, and we are determined to see this job through. To close the digital divide once and for all, we need to continue funding a robust ACP.

Amina Fazlullah is the Senior Director Equity Policy at Common Sense. Her work focuses on expanding access to technology and digital well-being advocacy. Prior to joining Common Sense, Amina was a Tech Policy Fellow at Mozilla, where she worked to promote broadband connectivity in underserved communities around the world. Amina has also worked with the Benton Foundation, U.S. Public Interest Research Group, the U.S. District Court of Minnesota, and at the Federal Communications Commission. This piece was published on Common Sense on June 20, 2023, and is reprinted with permission.

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.

Digital literacy skills for new technology users do not extend to all software applications, said Janelle Leonard, NCDE’s director of leadership development for inclusion. Technical assistance provides personalized support to navigate software applications new users may not be comfortable using, she said.

“One of the things we need to explore is the technical assistance needed beyond access to technology, devices, and digital skills,” said Leonard.

She argued that new technology users need additional technical assistance beyond their digital literacy skills to help them navigate complexities of online applications for telehealth, financial support, and other programs.  

Leonard suggested that states look to K-12 students who are being prepared through their education to be a technical assistance resource for their peers, relatives, and community members. We can groom new technology users to be community leaders, she said. 

When developing digital equity plans as required by the Commerce Department’s $2.75 billion Digital Equity Act, states must address the accessibility and ease of use of programs for all citizens, added Christine Fox, project director at nonprofit education research and development organization, CAST.  

“Accessibility” means that anyone can acquire, engage, and enjoy the same things with substantially equivalent ease of use and time frame as those without disabilities, said Fox. She urged that the conversation about accessibility happens upfront when developing state digital equity plans.  

The Commerce Department’s Digital Equity Act dedicates $2.75 billion towards three grant programs to ensure communities have essential training and resources to effectively use the internet. States are currently in the planning process for funding allocations with rollout scheduled for 2024.

According to Siefer, these initiatives may not offer a definitive solution to the nation’s digital divide.

“The current investments are not going to bridge the digital divide,” said Siefer. “But what it will do is give us a chance to create digital inclusion ecosystems where we can keep working on this.”

One possible avenue to support these ecosystems is through the USF, Siefer proposed.

The roughly $9-billion annual funding program contains four sub-programs that go to support basic telecommunications services. The program is financed through taxes on voice service providers, who largely collect those fees from their customers.

However, the USF revenue base is shrinking as more Americans consume broadband services. Concerns over the USF’s sustainability led senators to launch a bipartisan working group in May to examine the fund and provide recommendations for change.

As Congress has been seized by the issue, Siefer is calling for the USF to be expanded to fund both digital equity initiatives and the Affordable Connectivity Program.

The Affordable Connectivity Program provides monthly subsidies for internet of up-to $30 and $75 for tribal Americans. Service providers have said the $14.2-billion program is expected to run out of money in early 2024 if Congress does not extend its funding. Only about 17 million out of an estimated 48.6 million eligible households have signed up for the benefits.

“The Universal Service Fund has to be updated, we have to change how the money comes in,” said Siefer. “And how it goes out the Affordable Connectivity Program needs to be included in there. It’s very logical.”

The ACP is currently subsidizing broadband access for over 17 million Americans with a discount of up to $30 and $75 a month for low-income and tribal households.

Although O’Rielly did not suggest an alternative solution, he indicated that social service offices could be better suited to distributing ACP funds than the FCC. 

The FCC can and should provide technical advice and insight on technical components of the program, he said, but it is “not well suited” to act as a social distribution mechanism. The FCC should participate in the umbrella structure of the ACP program provided another entity deals with the distribution process, he said. He assured the panel that doing so will not reduce the quality of broadband products to the end user. 

The FCC is responsible for managing the ACP Outreach Grant Program that provides funding to increase awareness of and participation in the ACP among eligible households. The program is made up of four grant programs: the National Competitive Outreach Program, the Tribal Competitive Outreach Program, the Your Home Your Internet Pilot Program and the ACP Navigator Pilot Program.  

A total of $70 million is available for the NCOP and TCOP grant programs. Grants through the YHYI and ACP Navigator program will offer up to $5 million in grants. The FCC has awarded $66 million in grants to date. 

Some of the large telecommunications companies have urged Congress to extend the ACP for the long-term, as they say there is a real concern that the $14-billion program could run out of funds by the first quarter of next year.

O’Rielly praised the ACP program as the “best structure we have to date” to achieve digital adoption goals. He expressed his support that the program be funded through congressional appropriations, which increases the level of control Congress has on the program.  

“Congress being involved is the only way to ensure the program is sustainable,” he said.  

In response to concerns that congressional appropriations will not support the program in the face of looming debts and the recent debt ceiling deal, O’Rielly said that the ACP program deserves appropriate scrutiny on its effectiveness but that it “can be defended” and “deserves additional funding.” 

The USF, funded through a tax on voice service providers, supports four programs that make telephone and broadband services affordable for low-income households, health care providers, and schools and libraries. The fund’s sustainability has been under pressure with voice service revenues declining as more Americans use broadband services. 

The working group will consider the current state of the USF requirements and consider reforms that would ensure the Federal Communications Commission is able to achieve its mission of universal service across the United States. 

“Every community deserves a pathway to an affordable, resilient, and secure internet connection, and strengthening the Universal Service Fund is a key part of delivering our promise to connect every corner of America,” said Luján in a statement. 

Sen Shelley Capito, R-W.VA. said that, “All options need to be on the table to modernize and update the USF to encourage and maintain universal service with our sights set on a more responsible, predictable, and prudent USF.” 

Joining them in the working group are Sens. Amy Klobuchar, D-Minn., Shelley Capito, R-W.Va., Gary Peters, D-Mitch., and Jerry Moran, R-Kan.  

Competitive Carriers Association CEO Tim Donovan commended the announcement, saying “USF programs are critical for competitive carriers and the consumers they serve. Going forward, these programs must provide sustainable, predictable, and sufficient support.” 

Congressional legislation addressing USF concerns

The announcement follows the reintroduction of the Funding Affordable Internet with Reliable Contributions Act in March by Sens. Roger Wicker, R-Miss., Ben Lugan, D-N.M., Todd Young, R-Ind., and Mark Kelly, D-Ariz. 

The FAIR Act would direct the FCC to conduct a feasibility study on collecting contributions from internet edge providers. It has passed the house and has been received in the Senate, awaiting a vote. 

Later in March, a bill was introduced in both chambers that would require the FCC within one year of the enactment to solidify rules to reform how the fund is supported and conduct a study on the need to broaden the fund’s base. The Reforming Broadband Connectivity Act of 2023 is a version of a similar bill introduced in 2021. 

In August, the FCC submitted a letter to Congress, urging it to “provide the commission with the legislative tools needed to make changes to the contributions methodology and base” for the USF.  

Currently, there is “significant ambiguity in the record regarding the scope of the commission’s existing authority to broaden the base of contributors,” read the report. The FCC called for more power to make the necessary changes to support the program over the long term. 

Ted Cruz takes USF management to task

Sen. Ted Cruz, R-Tex., said in his opening statements to a Senate Subcommittee on Communications, Media and Broadband hearing on May 11 that the USF is unshackled from congressional control and the FCC has avoided accountability for its “wasteful” and “ineffective” spending.  

By this time, the fifth and sixth circuit appeals courts ruled in favor of the FCC when they denied a challenge to the commission’s authority in collecting money for the USF. Consumers’ Research alleged that the FCC was unconstitutionally delegating a private entity, the Universal Service Administrative Company, to help run USF programs. The court overruled the opinion, claiming that “Congress chose to ‘confer substantial discretion’ over administration of the USF to the FCC.” 

Cruz said the FCC has never held a commission-level vote on a USF tax increase, instead choosing to passively enable hikes through a bureaucratic process, claimed Cruz in his remarks. The FCC has a couple of weeks to either approve or challenge the amount determined by USAC that needs to be collected from voice service providers. 

“All told, the FCC has spent more than $156 billion on USF programs over the past twenty years. It’s unclear what American consumers have to show for it—other than higher phone bills,” Cruz said.

It is past due for Congress to get USF spending under control, he said. The solution is not to expand the base as it would not address the USF’s “underlying accountability failures.”

He called for Congress to consider all options of USF reform, “including subjecting it to the appropriations process, eliminating duplicative programs, and preserving only those efforts that demonstrate quantifiable benefits for American consumers.

“It has imposed ever-increasing tax burdens on American consumers without sufficient checks and balances or oversight from Congress,” he wrote, claiming that the USF has morphed into a “regressive, hidden tax.” 

Similarly, the FCC “claims the new ACP program is successful but offers no data showing it has increased broadband adoption among low-income Americans as intended,” he said, claiming that the FCC is not responsibly managing the funds and rejecting the suggestion to increase FCC legislative authority. The ACP provides a monthly discount of up to $30 and $75 on tribal lands for connectivity. 

When it comes to getting connected to the internet, older adults continue to remain an isolated and unserved demographic across the country. There’s more work that remains to be done to get older adults connected to the internet. It’s time to get creative and expand the effort for broadband everywhere to everyone.

There’s an unprecedented wave of federal funding for broadband expansion on the horizon. The Broadband Equity Access and Deployment effort is underway and will soon roll-out the $42.5 billion allocated by Congress to expand high-speed internet access across all fifty states and U.S. territories.

Pair this with several industry discount programs to choose from and there may finally be a real opportunity to drive broadband access and adoption and start to close the digital divide for older adults.

Affordable broadband

For older adults with the greatest need, there’s one federally funded program that has had a significant impact on connecting the community to broadband: the Affordable Connectivity Program.

Congress appropriated $14.2 billion in the Infrastructure Investment and Jobs Act of 2021 for the ACP program to provide eligible lower-income households with up to a $30 monthly subsidy. About twenty internet service providers (including large ISPs AT&T, Verizon, Comcast, Charter and some smaller providers) offer a high-speed, high-quality internet service plan for no more than $30 dollars per month for those that qualify.

So, for these households leveraging ACP, which include millions of older adults, they apply their monthly $30 benefit to a plan and access the internet, essentially for free.

To date over 17 million households have signed up for ACP. Over 45 percent of ACP subscribers are age 50 years and older, and over 20 percent of the ACP recipient households are age 65 and older.

This program is truly one of the most important programs for assisting those in need and has finally provided the aging community the opportunity to receive the benefits of broadband.

While new qualified households continue to subscribe to ACP, time is running out for available funding of this important program. With the current number of household subscribers and continued growth, it’s estimated that the ACP will run out as early as the first half of 2024. Congress must consider options now for continuing funding for the Affordable Connectivity Program.

The ACP is an essential program for customers who require a subsidy to acquire or retain broadband service. For many others who may live in areas currently unserved or underserved, or who still haven’t adopted broadband service in a community, there are now new technologies for internet growth.

New approaches

One technology has upped the competitive marketplace in the home for consumers: fixed wireless internet service.  Internet service providers such as AT&T and Verizon, and wireless carriers such as T-Mobile, offer customers an alternative for accessing internet service.

It’s a type of 5G or 4G LTE technology to enable fixed broadband access using radio frequencies (instead of the cables used to wire traditional wired fixed-line broadband) from the home.  Fixed wireless internet service has opened a competitive field for internet service in many communities.

Satellite internet is another interesting approach for the provision of service. Starlink has offered high speed, low latency internet, primarily in limited rural areas, but upfront costs can be on the expensive side. Now, Amazon is entering this market with Project Kuiper to provide fast, affordable broadband service around the world.

It is planning to do this by deploying thousands of satellites in low Earth orbit linked to a global network of antennas, fiber and internet connection points on the ground. Amazon expects to begin delivering broadband connections in late 2024.

The deployment plan has an interesting strategy, with a key Amazon delivery objective of bringing affordable, high-speed connectivity to all consumers. Project Kuiper will offer low-cost and easy-to-install antennas (also known as “terminals) to make the service affordable. The plan can help connect older adults in unserved, and underserved areas of the country, particularly rural communities, and other remote areas without reliable connectivity.

Now, with the ACP offering an opportunity for affordable broadband, the BEAD roll-out, fixed wireless providing competitive broadband services and satellite internet service competition with Project Kuiper on the horizon, we are on the right track to close the digital divide for older adults.

Debra Berlyn is the Executive Director of the Project to Get Older Adults onLine (Project GOAL), which works to promote the adoption of broadband for older adults, and to advance technology applications for the community. She is also president of Consumer Policy Solutions, is on the board of the National Consumers League, and is a board member and senior fellow with the Future of Privacy Forum. 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.

Community residents face significant barriers to adoption that may turn them off to programs meant to benefit them, including the Affordable Connectivity Program which subsidizes high-speed internet subscriptions for low-income households. 

These communities have been historically overlooked by governments and do not trust officials to have their best interests at heart, said Courtney Richard of nonprofit affordable housing development corporation, National CORE. 

As state officials, we need to do all we can to connect with the residents and make the experience as comfortable for them as possible, said the Director of the New Jersey Broadband Office Valarry Bullard. For example, instead of saying “broadband,” officials should say “internet.” 

Locally owned businesses and households need to understand how the internet impacts them individually, and our job is to draw that connection for them, Bullard said. “For us, an opportunity is going to be education.”  

Knowing how to speak about broadband with communities that we work in is an essential piece of the puzzle that can serve to complicate the process if not handled well, said Scott Woods, vice president of community engagement and strategic partnership at Ready.net. 

“You can turn off a community by your simple approach,” said Woods. States must go by the overarching notion that the federal government has put broadband deployment in the hands of states because they understand the needs of the communities, he added.  

Each population subset will respond differently to inclusion efforts and, among those subsets, different households will need to address different barriers to adoption, said Courtney Richard of nonprofit affordable housing development corporation, National CORE.  

Standardizing digital inclusion efforts on any level is nearly impossible, agreed Bryan Mauk from PCs for the People. Unserved and underserved communities have specific concerns that service providers and state governments need to understand before deploying to those areas, he said. 

Human, one-on-one interaction with these communities is necessary to both understand their needs and build trust, added Richard. These communities have been historically overlooked by governments and do not trust officials to have their best interests at heart, she said.  

A lack of trust evolves the way in which you educate and approach the residents, said Richard Sherwin, CEO of provider, SpotOn networks. Trust is a critical issue and “has to be done just right.” 

Richard urged service providers and state governments to form relationships and partnerships with those people and institutions that are already trusted in the community. We see more success in areas where partnerships were formed and community anchor institutions are involved, she continued. 

States have increasingly adopted the digital navigator’s program which deploys state employees to communities with the purpose of improving adoption rates by training residents on device usage, said Richard. Messengers are most beneficial when they are members of the community that can mediate the conversation between parties and help communities find solutions that work best for them, she continued. 

These programs require human capital and continuous training of the digital navigators to be up to date on technology advancements, added Mauk. 

“We have to we have to hear from all voices — not just the higher-level government organizations, but the organizations that are serving our covered population, the people in the field doing this work and those lived experts who are actually experiencing some of those barriers,” said Susan Corbett, executive director of the National Digital Equity Center.

Amy Huffman, Policy Director, National Digital Inclusion Alliance

The three programs created by the Digital Equity Act build on top of the $42.5 billion Broadband Equity, Access and Deployment Program to ensure that communities have the necessary resources and skills to fully utilize the internet.

“Aligning and integrating [digital equity initiatives] with the BEAD program is essential,” said Angela Thi Bennett, digital equity director for the NTIA. “States should be doing this work in tandem, making sure that the BEAD plans and digital equity plans aren’t siloed… so that everyone is working towards that same goal of universal access.”

States, territories and tribal governments are currently utilizing funds from the $60 million State Planning Program to develop digital equity plans. The implementation of these plans will be supported by the $1.44 billion State Capacity Program, which is set to launch in 2024.

The $1.25 billion Competitive Program will be open to a wider range of entities — including local municipalities, nonprofit organizations and community anchor institutions — and is expected to begin accepting applications within a month of the first Capacity awards.

This program can help ensure that any potential gaps in state plans are filled by the “incredible grassroots work that happens from people local closest to the communities,” said David Keyes, digital equity advisor for the City of Seattle.

Community involvement is key to sustainable, effective planning

For each of the Digital Equity Act programs, engagement with local communities is important for ensuring long-term sustainability, Bennett said. “We need to make sure that we’re building the capacity of the organizations that are serving these communities so this work can continue.”

“There’s a lot of requirements and not a lot of time, but we really want to make sure that we support states to reach that end goal of creating digital equity ecosystems across the country that are sustainable,” agreed Amy Huffman, policy director for the National Digital Inclusion Alliance.

To achieve this goal, Huffman advocated for prioritizing community engagement “first and foremost,” from the initial planning stages through implementation.

“It should not only be a checking a box, but it needs to be meaningful and continuous,” she said. “States and territories and the tribal organizations should be co-creating these plans with communities.”

In addition to supporting the sustainability of state plans, this local engagement will improve the plans themselves by ensuring that they “reflect the actual needs and the realities that are on the ground of the individual communities,” Huffman added.

Panelists call for ACP extension, emphasizing importance to other initiatives

One of the major focuses of digital equity planning — particularly for local stakeholders — is increasing adoption rates.

“We know that broadband passes probably about 95 percent of households, yet only 77 percent of people subscribe,” said Deborah Lathen, president of Lathen Consulting LLC. “The focus has got to be on affordability, because we know it’s basically lower income people who do not subscribe to broadband.”

While the Affordable Connectivity Program was designed to address this very issue, many experts have predicted that it will run out of funding by mid-2024.

“The extension of ACP is urgent,” Lathen said “One of the worst things you can do is sign people up and then drop the program, because I think another major factor impacting adoption is trust.”

The collapse of the ACP could also impact the efficacy of other federal connectivity initiatives, Huffman warned.

“The Digital Equity Act is $2.75 billion — it’s a lot of money — but that’s not enough to cover affordability, devices, skills, everything for the foreseeable future,” she said. “It needs the Affordable Connectivity Program to be alongside it in order for it to be as effective as it can possibly be.”

Despite its importance, the ACP alone is not enough to ensure universal connectivity, Bennett said. “There are still segments of our population that don’t qualify for ACP, but can’t afford the internet,” Bennett said. “If we are truly wanting to accomplish internet for all, we also need to make sure that [those segments] are also able to receive access.”

Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. Watch the event on Broadband Breakfast, or REGISTER HERE to join the conversation.

Wednesday, April 5, 2023, 12 Noon ET – State Digital Equity Plans

The Digital Equity Act, part of the Infrastructure Investment and Jobs Act of 2021, provides $2.75 billion for three grant programs aiming to promote digital equity. The $60 million State Planning Program, $1.44 billion State Capacity Program and $1.25 Competitive Program will fund a variety of digital equity projects across the country, from planning to implementation. In this session of Broadband Breakfast Live Online, state broadband leaders will talk about how their states are approaching the digital equity planning process and what they hope to accomplish with the federal funding.

Panelists

• Angela Thi Bennett, Digital Equity Director, NTIA
• Susan Corbett, Executive Director, National Digital Equity Center
• Amy Huffman, Policy Director, National Digital Inclusion Alliance
• David Keyes, Digital Equity Advisor, City of Seattle
• Deborah Lathen, President, Lathen Consulting LLC
• Drew Clark (moderator), Editor and Publisher, Broadband Breakfast

Panelist resources

• Digital Equity Act Programs presentation
• Digital Equity Act Programs, BroadbandUSA
• Digital Equity Act Programs, Internet for All
• State Digital Equity Planning Toolkit, National Digital Inclusion Alliance
• BEAD-DE Alignment Guide

Angela Thi Bennett serves as the first-ever digital equity director at the National Telecommunications and Information Administration within the U.S. Department of Commerce, where she directs the allocation of $2.75 billion from the Digital Equity Act and helps develop guidelines for states to equitably use these funds. Her vast community and public sector experience include leading East Cleveland’s department of community and economic development, serving as superintendent of a community school in Cleveland and serving on the Ohio State Board of Education. In her previous work at a community-based internet service provider, she was instrumental in growing the customer base and helping over 1,500 individuals benefit from affordable digital access during the height of the pandemic.

Susan Corbett founded the National Digital Equity Center in 2017, collaborating with local and global change makers, relentlessly driving disruptive strategies to close the digital divide in Maine and across the United States. She serves as the Executive Director, and is a preeminent authority and advocate for digital equity and digital inclusion. She is currently collaborating with the State of Maine to create their statewide Digital Equity and Digital Inclusion Plan.

Amy Huffman serves as policy director at National Digital Inclusion Alliance (NDIA). She is a public servant, systems thinker, innovative policy expert, and a storyteller with a passion for digital equity that spans more than 10 years. Amy was the first digital inclusion and policy manager in the State of North Carolina, and she has since grown as a leader with a national portfolio, including advocating for, influencing, and educating stakeholders about the $2.75-billion Digital Equity Act.

David Keyes works at the intersection of information and communications technologies, race and social justice, and community capacity building. He has over 25 years experience guiding the City of Seattle’s digital equity strategic planning, advocacy, programs and evaluation. He was the first community technology planner in the country and developed the City’s Technology Access and Adoption Indicators research. In 2016, he received the inaugural Charles Benton Digital Equity Champion Award from the National Digital Inclusion Alliance and the Benton Foundation.

Deborah Lathen is an attorney and policymaker who has been working on digital equity issues for over three decades. She was appointed to a Senior Executive position in the Clinton Administration as Chief of the Cable Services Bureau, Federal Communications Commission, where she led a bureau of 112 lawyers, economists, accountants, engineers and economists in setting policies and crafting regulations covering cable, satellite TV, internet and equipment providers. In 2001, she founded Lathen Consulting, LLC where she advises clients on telecommunications regulatory and policy matters.

Drew Clark (moderator) is CEO of Breakfast Media LLC. He has led the Broadband Breakfast community since 2008. An early proponent of better broadband, better lives, he initially founded the Broadband Census crowdsourcing campaign for broadband data. As Editor and Publisher, Clark presides over the leading media company advocating for higher-capacity internet everywhere through topical, timely and intelligent coverage. Clark also served as head of the Partnership for a Connected Illinois, a state broadband initiative.

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTube, Twitter and Facebook.

See a complete list of upcoming and past Broadband Breakfast Live Online events.

Mayor addresses attendees, acknowledges open secret of segregation

San Antonio Mayor Ron Nirenberg welcomed attendees, noting how his city was a fitting venue for the event.

“It’s no secret San Antonio is one of the most socio-economically segregated cities in the United States,” he said. “And that’s why we have zeroed-in on equity – in our budget, in who gets invited to the table.”

Nirenberg congratulated NDIA for its work and the attendance record set by this year’s gathering. He also singled out our own outreach coordinator and San Antonio resident DeAnne Cuellar, not only lauding her work with ILSR’s Community Broadband Networks team but for her role in bringing city officials together with Older Adults Technology Services as the city commits to connecting 100,000 older adults in the city.

(ILSR’s Community Broadband Networks team, which has long worked with NDIA participated conducted a workshop, participated in several panels discussions, and hosted a special Connect This! live stream at a social mixer at The Friendly Spot Icehouse.)

“Broadband is a basic human right and is a public utility. That’s why digital inclusion is a pillar of our recovery program,” Nirenberg said, noting how that is reflected in line items in the city’s budget.

Mayor Nirenberg also spoke candidly about injustices that had been baked-in to city and state policies in the past and, whether intentional or not, excluded vulnerable communities across the city, putting them at a socio-economic disadvantage. He said that closing the digital divide was central to correcting those injustices.

He concluded his welcoming remarks encouraging attendees to “use technology to live, learn, work and thrive.”

Texas broadband office announces new network funding opportunity

Also on hand for the conference was Greg Conte, Director of the Texas Broadband Development Office. Conte announced a Notice of Funding Opportunity for $120 million in grants for the construction of new high-speed Internet infrastructure across the Lone Star State.

As projects are funded to build new infrastructure, the state can’t assume people will automatically subscribe for Internet service, as efforts to tackle affordability and adoption are equally important undertakings.

“We want to make sure communities can get online and use it,” he said. “We ask all Texans to help in this process.”

He also briefly touched on something numerous other state broadband offices are in the process of doing: beefing up staff as each state is set to receive an historic amount of federal funds from the bipartisan infrastructure bill’s BEAD program.

Conte was a guest on our Community Broadband Bits podcast last summer in which he discussed the challenges of staffing up his office and addressing the dearth of data about precisely where broadband is and isn’t available across the state.

Engaging other sectors in the work of advocating for more ACP funding

Batting clean-up was NDIA Executive Director Angela Siefer, who first zeroed in on the need for good data that shows and measures how local digital equity programs are working, and how those efforts can be improved.

And while quality robust data is vital, she said, it is also worth thinking about who benefits from expanded broadband access (beyond individual end-users) and how data and stories about digital inclusion initiatives can be used to engage industries and sectors of society who may not see bridging the digital divide as an urgent concern.

That includes the necessity of getting more than just Internet service providers at the table. Buy-in from healthcare providers, educational leaders, captains of retail and commerce, as well as transportation planners and housing officials should be engaged in helping to make broadband available especially for residents who struggle with affordability.

Specifically as it relates to commerce, Siefer noted, “the savings that can come from conducting certain business online can be invested into access.”

Siefer also emphasized the value of digital equity advocates sharing the stories they encounter of the lives impacted by their work with those who may not be tuned into the connectivity crisis that still plagues even such a technologically-sophisticated nation as the U.S.

Lastly, Siefer reminded the attendees that the federal funding that supports the Affordable Connectivity Program will run in the next year or so without additional appropriation from Congress.

“We need more money for the ACP,” she said, adding that it was important for state and local leaders to be pushing their Congressional representatives to replenish the ACP’s coffers.

“The long term plan is that the Universal Service Fund needs to be fixed but that is going to take time. The ACP will run out of funds before the USF is fixed,” she said.

Before the general assembly dispersed to a variety of focused workshops and breakout groups, Siefer ended with a note of encouragement: “Remember you guys are the heroes. You do the work on the ground. But NDIA has your back.”

Watch the plenary sessions below. Also, stay tuned for our new podcast series Building for Digital Equity, which will debut soon and feature interviews with dozens of frontline digital inclusion practitioners discussing the work they are doing in their local communities.

This article originally appeared on the Institute for Local Self Reliance’s Community Broadband Networks project on March 2, 2023, and is reprinted with permission.

As part of the Infrastructure Investment and Jobs Act, the Digital Equity Act consists of two sub-programs, the State Digital Equity Capacity grant and the Digital Equity Competitive grant. Comments will guide how the NTIA will design, regulate, and evaluate criteria for both programs. 

“We need to hear directly from those who are most impacted by the systemic barriers that prevent some from fully utilizing the Internet,” Secretary of Commerce Gina Raimondo said Wednesday at the National Digital Inclusion Alliance’s Net Inclusion event in San Antonio. 

See Commerce Secretary Raimondo’s remarks at Net Inclusion:

The request for comment is part of NTIA’s strategy to hear diverse perspectives in implementing its goal to ensure every American has the skills and capacity needed to reap the benefits of the digital economy, stated a press release. 

The $1.44 billion State Digital Equity Capacity grant will fund implementation of state digital equity plans which will strategically plan how to overcome barriers faced by communities seeking to achieve digital equity.  

Simply making investments in broadband builds is not enough, said Veneeth Iyengar, executive director of ConnectLA, speaking at a Brookings Insitution event in December. Bringing digital equity means “driving adoption, digital skills, and doing the kinds of things that we need to do to tackle the digital divide.” 

The $1.25 billion Digital Equity Competitive grant program will fund anchor institutions, such as schools, libraries, and nonprofits, in offering digital inclusion activities that promote internet adoption. 

“Community-anchor institutions have been and are the connective tissue that make delivering high-speed internet access possible,” said Alan Davidson, head of the NTIA at AnchorNets 2022 conference. 

This announcement follows dissent on the definition of digital discrimination. Commenters to the Federal Communications Commission disagree on whether the intent of a provider should be considered when determining if the provider participated in digital discrimination. There has been no response from the FCC. 

In December, the FCC issued a Notice of Proposed Rulemaking to implement provisions of the Infrastructure Investment and Jobs Act to prevent and eliminate digital discrimination. The Infrastructure Act of 2021 requires the agency to enable “equal access” for all Americans, which is defined as the “equal opportunity to subscribe to an offered service that provides comparable speeds.” 

As part of its Notice, the FCC requested comment on adopting a definition of digital discrimination that includes actions by a provider that intentionally or non-intentionally impact consumers’ access to broadband interest access without justification on grounds of technical or economic infeasibility. 

Intentional discrimination 

Imposing liability on broadband internet service providers by including non-intentional discrimination would harm investment and deployment in hard-to-reach areas of the country, said the Free State Foundation, a nonpartisan think tank, in its comment. 

“Rules imposing unintentional disparate impact liability would result in penalizing a broadband ISP that made good faith efforts to ensure equal access for all subscribers in a given area, but came up short,” read the Free State Foundation’s comment. 

Service provider AT&T added that “because no broadband provider can deploy everywhere at once, any broadband provider would inevitably engage in ‘discrimination’ under this standard.” Employing this definition would impose massive unfunded deployment mandates and regulation of broadband rates and terms, said the company.  

Furthermore, new regulatory burdens would undermine incentives for broadband deployment, said AT&T. No provider would sink money to overbuild existing networks if doing so would expose it to liability for failing to do so everywhere at the same time, continued its comments. 

Careful reading through the IIJA would suggest that Congress intended for the Commission to ban intentional discrimination, argued comment from service provider T-Mobile.  

In fact, said T-Mobile, a disparate impact framework would put the Commission on a “collision course” with the overall structure of the IIJA which allocates billions of dollars to connect unserved and underserved locations through a competitive bidding process. The process limits a provider’s ability to control its deployment ratio, which would prove to be a liability and may deter the company from participating, said T-Mobile. 

“Deployment is an incremental process that varies in pace based on a wide range of variables, none of which are related to discriminatory animus,” argued trade association USTelecom in its comment.  

Internet advocacy group Public Knowledge disagrees. Service providers “urge the Commission to adopt the most toothless, least effective regulations possible,” read its comment.  

“Congress does not care about motives or accept excuses,” said Public Knowledge, arguing that providers should be held accountable for discriminatory actions regardless of intent. 

Adopting a definition of digital discrimination that included non-intentional grievances is appropriate, agreed advocacy group Free Press, as it fulfills Congress’ requirement to adopt rules that would facilitate equal access by preventing and identifying discriminatory actions. 

Carriers who profess certainty that they do not discriminate should have nothing to fear, read Free Press’ comments. 

Service providers argue that the agency should instead target its rules on digital discrimination only where it can be unmistakably proven to exist and cannot be excused by financial, geographical, technological, or other limitations. 

Safe harbors and feasibility 

Indeed, the Infrastructure Act urges the FCC to consider the issues of technical and economic feasibility facing providers. However, there is considerable debate regarding what constitutes an economic or technical limitation. 

In its notice, the FCC asked for comment on whether technical infeasibility should “require a showing that providing service was technically impossible.”  

T-Mobile in its comment answered that the FCC should not require proof of impossibility but should consider a “totality of circumstances” according for regulatory and other barriers to deployment. 

Instead, service providers urged the FCC to adopt safe harbors to ensure that discrimination complaints recognize Congress’s technical and economic feasibility limitation. The safe harbors outlined in T-Mobiles’ comments would provide liability protection for providers that: met or exceeded any applicable build-out requirements in the terms of its wireless license; or is otherwise subject to an enforceable commitment to deploy service to a given population. 

These suggested safe harbors, however, would be “inconsistent” with the purpose of the IIJA, read comments by Public Knowledge. The Act directs the FCC to counter digital discrimination and safe harbors could allow “broadband providers who engaged in digital discrimination to avoid having to take remedial steps,” it argued. 

Furthermore, Public Knowledge continued, projects that are technologically possible should be considered both economically and technically feasible unless a provider can present evidence to the contrary.  

Efforts to diminish discrimination 

The FCC’s tool for eliminating digital discrimination include its Universal Service Fund programs, including the Affordable Connectivity Program established in 2021, which provides $35 per monthly discounts for broadband services to most qualifying homes.

Also, in June 2021, the commission chartered the Communications Equity and Diversity Council to present recommendations to the FCC on advancing digital equity for all Americans.

The broadband world is moving from the mindset of building the cheapest solution that meets the minimum speed requirements and toward a mindset that considers long-term sustainability, said de Wit, speaking in an event hosted by Scott Woods, vice president of community engagement and strategic partnerships at Ready.net. It is important that communities work with those existing structures in local communities that can support their efforts to expand.

In particular, de Wit said, partnering with utility companies combines the intellectual capital from utilities and the expertise from broadband offices. This type of partnership blends the enforcement and rigor of utilities with programmatic strategy, she added.  

Federal funding has traditionally been allocated through federal agencies, but new funding rounds are being allocated to states. Pew found that the digital divide is heavily influenced by state policy in its broadband research, said de Wit. Funds coming to states directly will have a positive impact on coordination efforts at the state offices, she said.  

Effective state broadband offices balance state programs and requirements, current federal funds, and future federal funds coming down the pipeline, said de Wit. Because offices are working to simply keep their heads above water, it is important that they think “smart and strategically” when planning for funding allocations, she continued. 

For these reasons, she said, states should actively work to include local stakeholders in broadband meetings by ensuring that meetings are held at convenient times for all interested parties, that the agenda is clear and easily accessible, and that the location is convenient. 

In addition to coordinating with stakeholders and existing structures on planning efforts, states should work together with these entities to fill in the “missing gaps” in research and policy. Get down to the local level to measure change in economic and social impact over time, de Wit encouraged states. Research is about understanding the drivers that get people online, she said, and it’s essential that all perspectives are presented. 

Furthermore, “we encourage states to set higher standards than program requirements,” said de Wit. By setting higher thresholds for service, states will naturally invest in technology with better lifespans and returns on investment for the public. 

Pew’s broadband access initiative began as a research effort to determine what was effective for states in implementing broadband policy, and why. De Wit joined the program in early 2018 and has since researched how states interact with federal broadband funds. 

In this interview with Broadband Breakfast Editor and Publisher Drew Clark, Michael Baker International Broadband Planning Consultants Teraira Snerling and Samantha Garfinkel go into detail about the role of Digital Equity Act plans in state broadband programs.

Michael Baker International, a leading provider of engineering and consulting services, including geospatial, design, planning, architectural, environmental, construction and program management, has been solving the world’s most complex challenges for over 80 years.

Its legacy of expertise, experience, innovation and integrity is proving essential in helping numerous federal, state and local navigate their broadband programs with the goal of solving the Digital Divide.

The broadband team at Michael Baker is filling a need that has existed since the internet became publicly available. Essentially, Internet Service Providers have historically made expansions to new areas based on profitability, not actual need. And pricing has been determined by market competition without real concern for those who cannot afford service.

In the video interview, Snerling and Garfinkel discuss how, with Michael Baker’s help, the federal government is encourage more equitable internet expansion through specific programs under the Infrastructure Investment and Jobs Act.

The company guides clients to incorporate all considerations, not just profitability, into the project: Compliance with new policies, societal impact metrics and sustainability plans are baked into the Michael Baker consultant solution so that, over time, these projects will have a tremendous positive impact.

The $42.5 billion Broadband Equity, Access and Deployment program is a unique opportunity for historically underrepresented communities to be heard in critical digital equity conversations, said experts at a United States Hispanic Chamber of Commerce event Tuesday.

“For once, they are being included in the implementation process,” said Mara Reardon, the NTIA’s deputy director of public engagement, adding this is a “unique opportunity.” It is essential that communities take advantage of this by approaching state broadband offices, drafting broadband expansion plans, and showing up in commenting processes, Reardon urged.

Furthermore, historically underrepresented communities can make themselves available as contractors by subscribing to state mailing lists, being aware of requests going out, and participating in the state bidding process, said Reardon.

The notice of funding outlines several requirements for inclusion of historically underrepresented groups in the planning process, Reardon reiterated. Specifically, it mandates that eligible entities include underrepresented stakeholders in the process of developing their required five-year plans. This type of requirement is unique to federal infrastructure grants, said Reardon.

Due to the nature of the grant requirements, states must take necessary affirmative steps to ensure diverse groups are used in contracting and planning, added Lynn Follansbee of telecom trade association USTelecom. This means that projects will be outsourced to various providers and suppliers and that the work will be broken into pieces to involve as many groups as possible, said Follansbee.

The NTIA is making an effort to ensure that all community members are heard in critical issues, even establishing the office of public engagement for that purpose. It also said it has awarded $304 million in planning grants for broadband infrastructure builds to all states and Washington D.C. by the end of 2022.

Lujan appeared before an audience at the Consumer Electronics Show with Sen. Mark Warner, D-Va., and Sen. Jacky Rosen, D-Nev., to preview the tech-policy priorities of the 118th Congress.

Among Washington legislators, Senators had CES 2023 to themselves: Representatives from the House of Representatives were stuck in Washington participating on Friday in the 12th, 13th and 14th votes for House Speaker.

Congress allocated $65 billion to broadband projects in the Infrastructure Investment and Jobs Act of 2021, the bulk of which, housed in the $42.45 billion Broadband Equity, Access, and Deployment program, is yet to be disbursed. The IIJA funds are primarily for infrastructure, but billions are also available for digital equity and affordability projects.

Several federal legislators, including Sen. John Thune, R-S.D., have called for close supervision of Washington’s multitude of broadband-related programs. At CES on Friday, Warner argued that previous tranches of broadband funding have been poorly administered, and Lujan once again voiced concern that the Federal Communications Commission’s national broadband map, whose data will be used to allocate BEAD funds, contains major inaccuracies.

Affordable, high-speed broadband is now a necessity, stated Warner. Lujan argued that policy must crafted to ensure all communities have access to connectivity.

“The [Federal Communications Commission] is working on some of the digital equity definitions right now…. I don’t want to see definitions that create loopholes that people can hide behind to not connect communities,” the New Mexico senator said, emphasizing the importance of “the digital literacy to be able take advantage of what this new connection means, so that people can take advantage of what I saw today [at CES].”

At a Senate hearing in December, Lujan grilled executives from industry trade associations over allegations of digital discrimination.

• 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.

Some say that people are not enrolling in the Federal Communications Commission’s new subsidy for low-income households, the Affordable Connectivity Program. Others say that at the rate people are subscribing, the fund will soon run out of money.  

At a Senate Commerce Committee hearing on Dec. 13, the National Digital Inclusion Alliance warned that the ACP is at risk of being deplenished. “Unless Congress takes action, this vital program will go away in just a few short years,” said the nonprofit’s executive director Angela Siefer at the hearing.

 Download the complete 12 Days of Broadband report

Jonathan Spalter, head of broadband industry association US Telecom, warned the fund could run out of money by 2024. Both Spalter and the NDIA urged Congress to make the program permanent.

Despite this, more than $10 billion of the $14.2 billion program is still unallocated, according to an analysis by the Institute for Local Self Reliance. Just over 15 million (224,000 tribal) out of 37 million households are enrolled as of December, show data from the FCC’s program administrator, the Universal Service Administrative Company.

The program builds off the Emergency Broadband Benefit funded by the $2.3 trillion Consolidated Appropriations Act of 2021,  passed on Dec. 30, 2020. The temporary EBB was transformed into the longer-lasting ACP under the Infrastructure Investment and Jobs Act of November 2021. The ACP offers a discount of up to $30 per month on a wireline or wireless broadband connection ($75 on tribal lands) and a one-time device discount of $100. Eligible Americans include those on programs including SNAP, Medicaid, Federal Public Housing Assistance, Lifeline and federal Pell grants.

To close the funding and enrollment gap, this summer the FCC launched the Affordable Connectivity Outreach Grant Program. The $100 million fund will support four separate marketing programs: The $60 million National Competitive Outreach Program, the $10 million Tribal Competitive Outreach Program, the $5 million Your Home, Your Internet Program and the $5 million ACP Navigator Pilot Program. 

Internet service providers have also been emailing subscribers about the program and hosting events in apartment complexes promoting it. Meanwhile, the National Telecommunications and Information Administration is allowing applicants for broadband infrastructure planning grants to use money toward promoting the ACP.

The National Lifeline Association, a nonprofit group advocating for these broadband programs, has been urging the continued sustainability of the fund and promoting improvements. In a survey of 60,000 ACP enrollees released Dec. 14, 95 percent said they are consuming mobile broadband beyond their monthly data caps.

With 55 percent of ACP enrollees (about 8 million subscribers) on mobile broadband, according to USAC data, the NLA is urging the FCC to make available more affordable data.

But with the race to sign on as many households as possible, the program has also fallen into predatory hands. The FCC’s Office of Inspector General found in a September report evidence of ACP enrollment fraud, where a service provider would repeatedly sign on dozens or even hundreds of households using the information of a single qualifying person. Similar evidence of fraud was found under the program’s predecessor, where providers were signing up more households than students in schools.

Rep. Frank Pallone, D-N.J., said in October that he sent letters to 13 service providers out of more than 1,300 program participants requesting information on potential “abusive, misleading, fraudulent, or otherwise predatory behaviors” in both ACP and EBB programs. 

The FCC in November ordered annual reports on the ACP to gauge who is involved in the program and how the funds are being used.

Looking forward, the Republicans, who retook the House of Representatives following the November midterm elections, have already promised heightened oversight of the FCC and increased scrutiny of broadband programs specifically. 

The majority of the BEAD program’s $42.5 billion in funding has yet to be disbursed, and state allocations are expected by June 2023. But without efforts to drive adoption, the government’s investment in connectivity will fall short, panelists agreed.

“If we make these investments and people don’t see the value in how broadband can improve their lives, both professionally and personally, then frankly it’s a busted investment,” said Veneeth Iyengar, executive director of ConnectLA. “And so from our perspective, we’re looking at how we can really help drive Louisiana’s economy… which also means driving adoption, digital skills and doing the kinds of things that we need to do to tackle the digital divide.”

The National Telecommunications and Information Administration announced in August that Louisiana was the first state to receive a planning grant through the Internet for All initiative, amounting to $2.9 million.

Affordability is a big problem for Louisiana broadband

Currently, one out of every three people in Louisiana lacks access to affordable, high-speed internet, and the problem affects both rural and urban areas, Iyengar said. The state’s goal is to get through the iterative planning process and start disseminating the funds by the end of 2023.

One of the biggest barriers to adoption is affordability.

“Overwhelmingly, we know that if you are low income in America, you are less likely to have access to a broadband connection… [It’s] not just about building out these connections — we really do need to be thinking about long term solutions to affordability,” said Kathryn de Wit, project director for the Broadband Access Initiative at The Pew Charitable Trusts.

Forty-three percent of adults with an annual household income of under $30,000 have not adopted home broadband, and almost half of them cite cost as the primary barrier, according to Pew data.

Beyond affordability, other barriers to adoption include lack of digital literacy, costs associated with devices and concerns about privacy. These issues need to be addressed now rather than later, said Angela Siefer, executive director of the National Digital Inclusion Alliance.

“We have to make sure we have these holistic solutions all at the same time, which is really hard because there’s all this money going to buildout and we want people to also figure out affordability and digital skills and devices — so it’s a huge lift for the states,” Siefer said.

This challenge is exacerbated by the fact that states generally have a very low number of core broadband staff, Iyengar noted.

About half of the 50 state broadband offices were created since 2020, and so staffing and building capacity is an important and ongoing task, de Wit said.

Long-term affordability for consumers will have broad economic benefits

“Part of the reason that we are spending this much money on broadband now is because we have had such low policy goals for so long,” de Wit said. But as states set more ambitious goals, they also need to focus on fiscal sustainability, both in terms of physical network upkeep and long-term affordability.

The Affordable Connectivity Program has been projected to end within the next couple of years, Siefer said. Some of the networks may not be completed by then, meaning that many households might miss out on using the subsidy.

“We have to figure out a long-term sustainability plan for the Affordable Connectivity Program,” she said.

Treating digital equity and access to technology as a priority rather than a “nice-to-have” would have benefits reaching far beyond individual consumers, de Wit said.

“If we want to stay competitive as an American economy… we need to stop treating these things like an ‘other’ and we need to be thinking about technological integration and digital transformation in everything that we do.”

Iyengar pointed to the ways in which the COVID-19 pandemic disrupted many traditional business models, driving innovation in industries from healthcare to grocery delivery. Leveraging broadband as an asset could yield similar innovation as a result of new consumer behavior, he said.

Siefer agreed, pointing out the wide range of industries beyond internet service providers that benefit from developments such as the rise of telehealth.

“Lots of folks benefit when lots of folks are online,” she said.