Lifeline/Low-Income Consumers

The digital divide was a problem before the pandemic. Now it’s an existential problem for students who can’t access live-streamed classes, for the ill who can’t virtually consult with a doctor, for isolated individuals who can’t find human connection on their laptop screens. The burden, as ever, disproportionately falls on the low-income, rural and nonwhite. There’s more the government can do today, and there’s an opportunity to lay the groundwork for the days to come.

The Federal Communications Commission in April estimated that 22.3% of Americans in rural areas and 27.7% of Americans on tribal lands don’t have access to fixed broadband with the typical speed standard of 25 megabits per second (mbps), a moderate browsing speed. By comparison, only 1.5% of Americans in urban areas can’t reach that speed. Nearly 21% of Americans also aren’t active smartphone users, according to market research.

On March 19, 2020, Senators Richard Blumenthal (D-CT), Ed Markey (D-MA), Michael Bennet (D-CO), and Brian Schatz (D-HI) wrote to Federal Communications Commission Chairman Ajit Pai regarding keeping Lifeline subscribers connected during the COVID-19 pandemic. "We strongly urge the FCC to commit that no one loses access to Lifeline at this time of crisis. Congress has invested the FCC with emergency powers to waive, suspend, or revise its policies and regulations for challenging times.

The Federal Communications Commission's Wireline Competition Bureau announces the launch of the National Lifeline Eligibility Verifier (National Verifier) for all new enrollments in Puerto Rico. Starting on June 23, 2020, eligible telecommunications carriers (ETCs) in Puerto Rico will be required to use the National Verifier’s eligibility determination process for all consumers applying for Lifeline service and must cease using legacy eligibility processes for prospective Lifeline subscribers. As of June 23, 2020, consumers in Puerto Rico can begin to check their eligibility for Lifeline se

The Lifeline program and pole attachment rights are inextricably linked to the Federal Communications Commission’s Title II authority. The FCC's decision to reclassify broadband internet access service (BIAS) as an “information service” removes BIAS-only providers from the statutory scheme that governs pole attachments. If a portion of those who would provide broadband-only services are unable to attach, that will limit the FCC’s ability to promote broadband build-out.

The record shows extensive opposition to the Federal Communications Commission’s 2017 Restoring Internet Freedom Order and the grave danger it poses to public safety and public health, particularly during the COVID-19 crisis. Public health and public safety officials detail in the record how both officials and the public writ large rely on mass-market retail broadband internet access services (BIAS).

Public interest commenters, including public safety officials, overwhelmingly agreed with Free Press’s assessment that the Federal Communications Commission’s misguided repeal of Net Neutrality and its authority over broadband internet access service (“BIAS”) harms the Lifeline program, pole attachment regulation, and public safety. These commenters also overwhelmingly agreed that the best remedy for such harms would be for the Commission to once again correctly classify broadband as a Title II service protected by strong open internet rules.

Representatives of rural and Native communities share stories about the experience of lacking a broadband connection when the service is necessary to work, study, and obtain healthcare, safely. These brief anecdotes illustrate the negative impact that substandard service or lack of service has on the safety and wellbeing of rural and Native communities in general, and particularly during the COVID-19 pandemic. The authors offer the Federal Communications Commission 12 recommendations:

Short-Term Recommendations

The Federal Communications Commission's Net Neutrality remand proceeding, INCOMPAS highlights several important points:

Internet providers like Charter and Comcast have introduced offers of free and low-cost internet with great fanfare in the last several weeks. The companies have said they want to help connect poor Americans during a pandemic that has shifted much of life online. Schools and community organizations have aggressively promoted the offers. Scores of customers have tried to sign up. But people signing up for the programs have encountered unexpected difficulties and roadblocks, according to interviews with people who have tried to sign up or who have helped them.