Analysis

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). 

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.

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.

In the absence of the Affordable Connectivity Program, the National Digital Inclusion Alliance (NDIA) encourages ISPs to offer a low-cost plan and/or a discount to qualifying households. NDIA is creating a good-better-best rating system to evaluate the affordability and quality of low-cost internet plans. The rating system will be featured on the Free & Low-Cost Internet Plans webpage to help consumers understand their low-cost options.

In a recent press release, John Deere announced an agreement with Starlink to provide broadband for smart farm equipment in areas where cellular coverage is not strong enough. Anybody familiar with rural America understands that there are gigantic holes in cellular coverage, so this arrangement puts Starlink in a strong position with farmers. The decision means that John Deer will include a Starlink receiver in smart farm equipment along with a 4G LTE receiver.

A large majority of internet service providers seeking BEAD grants will be financing matching funds using loans. Matching funds are the contributions expected from providers—a 75 percent grant means 25 percent in matching funds. Very few providers carry enough cash on hand to consider using equity to pay for broadband expansion. This contrasts significantly with large telephone and cable companies that will be pursuing BEAD grants, most of whom will finance grants using equity. When it comes to financing using equity vs using loans, equity is the clear winner for the provider.

The Biden Administration has launched a new effort to lower costs and promote competition for US consumers. The Strike Force on Unfair and Illegal Pricing––co-chaired by the Department of Justice (DOJ) and the Federal Trade Commission (FTC)––aims to strengthen interagency efforts to root out and stop illegal corporate behavior that hikes prices on consumers through anti-competitive, unfair, deceptive, or fraudulent business practices.

Some State Broadband Offices are taking a stab at social engineering by trying to force BEAD grant winners to offer low broadband rates. I understand the sentiment behind this because everybody in the industry involved with digital equity issues hears stories about homes that can’t afford broadband even when it is available. I know this feels like a broadband office is doing something good, but there are a number of reasons why this is a terrible idea.

I recently checked on the status of Dish, which is trying to become the fourth major cellular company in the country. Dish entered the cellular business in 2020 as a consequence of the merger of Sprint and T-Mobile. Dish was already under pressure at the time from the FCC to use its spectrum portfolio, and the FCC gave Dish until June 2023 to cover 70% of the U.S. population with cellular facilities.

With the Affordable Connectivity Program (ACP) on the brink of exhausting its funding and congressional action to secure its future still uncertain, it’s time we have the hard conversation about sunk costs. For ACP, that includes: