Universal Broadband

We write to express our disappointment and opposition to your announcement that the Federal Communications Commission (FCC) will vote to reclassify fixed and mobile broadband as a telecommunications service under Title II of the Communications Act of 1934. Not only is this bad public policy, but it is also unlawful. Reclassification and the associated heavy-handed regulations that accompany this action continues to be a solution in search of a problem. We seek the following information by October 31, 2023:

Statewide telehealth use jumped dramatically among low-income Californians covered by Medi-Cal in March 2020, when telehealth visits began to be reimbursed at the same rates as in-person visits. We find comparable trends in California’s community health centers (CHCs)—primary care clinics that serve all comers—for Medi-Cal and undocumented patients. However, telehealth can still pose challenges for those who are uncomfortable with technology or lack English proficiency.

One of the most questionable facts circulating in the broadband industry is that a large percentage of homes in the country have multiple internet service provider (ISP) options. A recent U.S. News and World Report states that the FCC data shows that 94 percent of homes have a choice of three or more ISPs. I’ve seen similar statistics elsewhere, and it’s not hard to see that this information comes from the latest FCC mapping data. I’m not surprised to find that the FCC maps show that 94 percent of homes in the country have three or more ISPs claiming the ability to provide service.

On September 29, the American Enterprise Institute hosted an expert panel to discuss states’ plans for managing the billions of dollars allotted to broadband expansion. The panel featured Duke University’s Michelle Connolly, North Carolina Department of Information Technology’s Nate Denny, ConnectLA’s Veneeth Iyengar, and Kansas Office of Broadband Development’s Jade Piros de Carvalho. Piros de Carvalho highlighted the need for solutions to the labor shortage that the deployment process will soon be facing, as well as the need for streamlined permitting processes.

The state of Mississippi will be getting one of the largest allotments in the Broadband Equity, Access and Deployment (BEAD) rural broadband funding program–$1.2 billion. The funding comes on top of $151.5 million that the state was awarded from the Capital Projects Fund and an earlier award of $32.6 million from the Broadband Infrastructure Program (BIP). “We started with a smaller award and the awards have been getting larger and larger," said Sally Doty, director of the Office of Broadband Expansion and Accessibility of Mississippi (BEAM).

The Nevada Governor's Office of Science, Innovation and Technology (OSIT) is accepting public comment this month on its draft Digital Equity Plan, the state's first statewide-level attempt to eradicate the digital divide. For broadband internet subscriptions, Nevada is slightly above the national rate.

In the Infrastructure Investment and Jobs Act, Congress established a preference for “priority broadband projects,” defined as projects providing broadband service that meet high performance standards, can scale with consumer and business needs over time, and will enable the deployment of 5G and other advanced services. After receiving input from a wide range of parties, the National Telecommunications and Information Administration (NTIA) determined that “end-to-end fiber optic facilities” were the only platform that satisfied these requirements and warranted such a priority.

The Federal Communications Commission announced an extension of the term of the current Native Nations Communications Task Force until the end of 2023. The current term—which was set to expire on October 24, 2023—will now expire on December 31, 2023. The FCC is also seeking applications for membership to serve on a renewed Task Force to start at the beginning of 2024. Applications should be submitted in accordance with the procedures outlined here.

In 2021, Congress provided $65 billion to close the digital divide. The National Telecommunications and Information Administration (NTIA) is responsible for administering most of this money, including the $42.45 billion Broadband Equity, Access, and Deployment (BEAD) program, which will provide states grant money to award providers to deploy broadband networks in unserved and underserved areas. We are concerned about state plans that propose to use funds in ways that will not provide universal connectivity or that are contrary to law.

Following months of public outreach and stakeholder engagement, the Public Service Commission of Wisconsin (PSC) released a draft Digital Equity Plan for public comment. Once approved by the PSC, the Digital Equity Plan will guide the state’s strategy to improve digital equity, ensuring all in Wisconsin have the skills, devices, and broadband service necessary to fully participate in society and the economy. The public comment period for Wisconsin's draft plan closes on October 19, 2023.