In its 2024 Broadband Deployment Report, the Federal Communications Commission raised its fixed speed benchmark for broadband to 100 megabits per second (Mbps) download and 20 Mbps upload. The FCC last updated these benchmark speeds in 2015 when it set the speeds at 25/3 Mbps. There is an obvious, short answer to how the FCC reached its 100/20 determination: Congress. In the 2021 Infrastructure Investment and Jobs Act, Congress determined that locations without access to networks that can deliver 25/3 Mbps service are "unserved" and locations without access to 100/20 Mbps service are "underserved." Obviously, the FCC could not continue to set standards for broadband internet access service that Congress considered inadequate. But the FCC did not rely solely on the Infrastructure Investment and Jobs Act to reset the broadband standard. The longer answer to today's question is that the FCC applied a five-step examination to come to 100/20. 

1. Recent Congressional Action: We start with the FCC's acknowledgment that Congress has established a new standard for broadband. "We find that Congress’s determination that areas receiving broadband speeds of less than 100/20 Mbps are not adequately served necessitates that the Commission raise its fixed speed benchmark accordingly," the report reads. 
2. What Broadband Providers are Deploying to American Households: In its examination, the FCC found that deployment of infrastructure capable of delivering service of at least 100/20 Mbps is widespread and the speeds marketed by many internet service providers (ISPs) generally substantially exceed 25/3 Mbps.
3. Speeds Required for Common Applications: As the New York Public Service Commission told the FCC, “[U]se of the current 25/3 Mbps benchmark...is simply out of step with a typical customer’s broadband needs.” The FCC finds that the requirements for high-quality applications necessitating higher speeds have dramatically increased since 2015 and appear to trend towards requiring more bandwidth over time.
4. Consumer Choice: The FCC examined data regarding consumer choice and found that consumers are adopting higher speeds where they are available. Almost 68 percent of households have subscribed to services meeting a 100 Mbps download speed threshold where it is available.
5. Other Relevant Broadband Programs: The FCC, the Department of Agriculture's Rural Utilities Service, the Department of Commerce's National Telecommunications Administration (NTIA), and the Department of Treasury all administer federal broadband deployment programs. The FCC examined the requirements in these various programs to inform its decision on benchmark speeds. A number of programs and initiatives at the federal, state, local, and Tribal levels already require speeds at or above 100/20 Mbps.

On March 9, 2024, President Joe Biden signed the Consolidated Appropriations Act, 2024 (H.R. 4366) legislation that funds, through September 30, departments and agencies of the Federal Government covered by six appropriations bills. Here we look at broadband-related funding for the U.S. Department of Agriculture (USDA) and the U.S. Department of Commerce's National Telecommunications and Information Administration (NTIA). 

On Day 2 of Connected America, a surprise guest took to the stage to issue a rallying cry for affordable connectivity across the USA. Austin Bonner, Deputy US CTO from the White House Office of Science and Technology Policy, warned that 23 million people stood to lose affordable connectivity if the Affordable Connectivity Program’s (ACP) funding is not renewed and urged a divided Congress to make additional funding a priority. Despite only around half of eligible households taking advantage of the program, funding is running out. Currently, the ACP’s last fully funded month is set to be April, with the Federal Communications Commission (FCC) issuing advice to affected households about finding alternative means of connectivity. Exactly where this newfound connectivity might come from, however, it unclear. New survey data from FCC showed that nearly half of ACP households had no broadband service or relied wholly on mobile connectivity prior to receiving ACP support.

Federal broadband expansion efforts aim to ensure that every American household has a reliable and affordable internet connection in order to learn, work and access online services. But even with a fiber connection, many challenges still stand in the way of access to the internet and digital services. Some are unable to afford the necessary devices or internet services. Others lack a high-quality connection or digital literacy skills altogether. As a result, the relatively new field of digital equity and inclusion rose into prominence during the COVID-19 pandemic. “The use of that infrastructure—the network, the internet—means that the digital services that the government has is engaging and now more folks can participate in it,” said Angela Siefer, executive director of the National Digital Inclusion Alliance. “One of the things that became very clear to a lot of folks during the pandemic was: Just because an infrastructure is available, doesn’t mean folks are using it.” Some argue that digital inclusion should be included in conversations about broadband expansion and closing the digital divide. So far, policymakers seem to be responding to the call. The historic $42.45 billion Broadband Equity Access and Deployment program was a landmark 2021 federal initiative aimed at closing the digital divide that also requires recipients to create and execute digital equity plans in addition to their efforts to expand fiber connections.

Advisory Council on Historic Preservation (ACHP) Chair Sara Bronin announced her approval of the Amended Program Comment for Federal Communications Projects. The amendment was requested by the US Department of Commerce’s National Telecommunications and Information Administration (NTIA). The purpose of the amendment is to assist federal agencies in efficiently permitting and approving the deployment of wired and wireless next generation technologies of communications infrastructure, including 5G, to connect all communities with reliable, high-speed Internet. The Program Comment provides an alternative way for federal agencies to comply with Section 106 of the National Historic Preservation Act to take into account the effects of undertakings under its scope on historic properties and afford the ACHP a reasonable opportunity to comment on them. The amendment also adds a provision that requires federal agencies to offer compensation when they ask Tribes to provide additional services beyond responding to findings and determinations under the Program Comment’s terms. 

I believe we can’t ignore the history of our industry if we want to avoid the worst of it from happening again. There are a variety of factors that led to the rural mess that created the need for BEAD and other broadband grant programs. I think the downward trajectory started with the divestiture of AT&T into AT&T as a long-distance company and large regional telephone companies. The newly-formed company lobbied hard to be able to make profits over and above the low, but steady profits that could be earned by a regulated utility. The lobbying worked, and regulators across the country deregulated the big telephone companies from their many obligations. The companies ran with the power that came from deregulation. The changes were mostly, but not always, gradual. Verizon was the abruptest and decided early on to divest itself of its rural networks. Eventually, the other companies joined Verizon, cutting back on maintenance, leaving positions open, and slowly backing out of rural markets. We are now poised to do it all over again. We have a gigantic broadband grant program that clearly favors big companies over small ones, companies that can use equity instead of debt for grant matching, and companies with the resources to pursue giant multi-county grants. Watching this cycle repeat itself will give me fodder to write about how we screwed it all up again—but I’d much rather be writing about rural success stories.