Lack of trained tradespeople and onerous permitting procedures could represent major challenges to broadband equity, access and deployment (BEAD) program implementation, speakers said Tuesday at Incompas’ annual policy summit in Washington. The looming end of the affordable connectivity program (ACP) (see 2403040077) is a big wrench in the works of planned BEAD projects, said Evan Feinman, who leads NTIA's BEAD program. He said internet service providers are recalculating project costs, and many planned projects will go into the red as they receive less help covering their operating expenses.
Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., and House Communications Subcommittee ranking member Doris Matsui, D-Calif., voiced varying levels of optimism during a Tuesday Incompas conference (see 2403050052) about the prospects that lawmakers will be able to reach a deal on stopgap funding that will keep the FCC’s affordable connectivity program running past this spring. The FCC said in a Monday update on its wind-down of the program that it will be able to provide only “partial” reimbursements for ACP in May (see 2403040077). Sen. Marsha Blackburn, R-Tenn., and Rep. Tim Walberg, R-Mich., highlighted their ongoing interest in enacting legislation to lift or ease permitting processes in a bid to streamline broadband deployments.
ISPs and industry groups generally supported the FCC's proposal that builds on its Alaska Plan high-cost USF program by transforming it into an Alaska Connect Fund. Reply comments were posted Friday in docket 23-328 (see 2310190056). Some urged that the commission reconsider its eligible telecom carrier (ETC) designation requirement for support recipients and sought a technology-neutral approach.
A coalition of 21 Republican state attorneys general urged the U.S. Supreme Court to hear Consumers' Research's challenge of the FCC's quarterly USF contribution factor and methodology in an amicus brief posted Thursday (docket 23-743). "Agencies are finding all kinds of creative new ways to grab money and power for themselves lately," the coalition, led by West Virginia AG Patrick Morrisey (R), said. The FCC "extracts billions from American consumers based on a vague statute" and "doesn’t even do the work of setting these rates itself," they argued (see 2401100044). The AGs called the FCC's use of the Universal Service Administrative Co. unconstitutional and a violation of the nondelegation doctrine. "Those that would warn the Court away from reaching these issues are wrong," the group said: "The benefits of the present state of play are overstated." The FCC declined to comment Monday. The agency on Monday petitioned the court to extend until April 3 the March 4 deadline for responding to Consumers' Research's petition, citing a parallel case pending in the U.S. Court of Appeals for the 5th Circuit.
A coalition of 21 Republican state attorneys general urged the U.S. Supreme Court to hear Consumers' Research's challenge of the FCC's quarterly USF contribution factor and methodology in an amicus brief posted Thursday (docket 23-743). "Agencies are finding all kinds of creative new ways to grab money and power for themselves lately," the coalition, led by West Virginia AG Patrick Morrisey (R), said. The FCC "extracts billions from American consumers based on a vague statute" and "doesn’t even do the work of setting these rates itself," they argued (see 2401100044). The AGs called the FCC's use of the Universal Service Administrative Co. unconstitutional and a violation of the nondelegation doctrine. "Those that would warn the Court away from reaching these issues are wrong," the group said: "The benefits of the present state of play are overstated." The FCC declined to comment Monday. The agency on Monday petitioned the court to extend until April 3 the March 4 deadline for responding to Consumers' Research's petition, citing a parallel case pending in the U.S. Court of Appeals for the 5th Circuit.
The telecom industry pushed back on a Vermont state bill that could shake up state USF contribution and telecom taxation. At a House Ways and Means Committee hearing streamed Wednesday, a wireless industry lobbyist said a proposed shift to connections-based USF contribution mechanism unfairly shifted costs to wireless customers. A New England Connectivity and Telecommunications Association (NECTA) lobbyist, representing the region’s cable industry, condemned a possible $15 annual tax on each pole attachment owned by private communications providers. Community media representatives supported the proposed tax for supporting public, educational and governmental (PEG) channels.
The FCC will continue updating Congress about the affordable connectivity program's status in hopes of convincing lawmakers for money to keep it running, Chairwoman Jessica Rosenworcel told reporters Thursday after the commissioners’ open meeting (see 2401250064). The FCC expects the initiative will exhaust its $14.2 billion allocation in April. The Wireline Bureau said earlier this month it would freeze new enrollments Feb. 8 as part of the program's wind-down process (see 2401110072).
Lead Republican lawmakers’ recent charge that the FCC was “deeply misleading” about the affordable connectivity program’s efficacy (see 2312150068) has solidified perceptions on and off Capitol Hill that it will be extremely difficult to reach a deal allocating additional money before the initiative's funding runs out next year, lobbyists and observers told us. Estimates peg ACP as likely to exhaust its initial $14.2 billion tranche from the 2021 Infrastructure Investment and Jobs Act during the first half of 2024 (see 2309210060). The White House is pushing for Congress to appropriate an additional $6 billion to fully fund the program through the end of 2024 (see 2310250075).
Smith Bagley Inc. (SBi), which serves tribal lands in the Four Corners region of the U.S., called for a tribal 5G Fund of at least $2.5 billion. Reply comments as the FCC considers a proposed 5G Fund (see 2310240046) were due Tuesday in docket 20-32. Other comments urged the FCC to move forward on a fund.
To facilitate wider adoption of school bus Wi-Fi in 2024, the FCC needs to clarify E-rate eligibility issues before year's end, Schools, Health and Libraries Broadband Coalition Executive Director John Windhausen said Wednesday during an SHLB webinar. A divided FCC last month approved a declaratory ruling 3-2 clarifying that the use of Wi-Fi on school buses is eligible for E-rate funding (see 2310190056). Comments are due Nov. 30 about the addition of services and equipment needed to use Wi-Fi service on school buses, the Wireline Bureau ordered. With the agency's declaratory ruling, legislation from Congress about bus eligibility issues is unlikely to be forthcoming, said Jeff Lopez, senior policy adviser for Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M. Lopez said past bus eligibility bills faced pushback from questions about USF's limited resources. He said the USF working group started by Lujan and others (see 2305110066) is focused on broader revisions to the program. Farmington (New Mexico) Municipal Schools Supervisor Billy Huish said its adoption of bus Wi-Fi "was kind of a no-brainer" because all students have a take-home electronic device and often face rides of 90 minutes to two hours each way. He said there aren’t gaps in connectivity coverage, though buses going to tribal lands require installation of dual wireless carriers, with coverage toggling depending on which has a stronger signal. The costs the FCC cited in the declaratory ruling -- $1,840 per bus per year -- are "pretty close to what we're paying," Huish said. The typical bus setup involves a cellular modem, which converts LTE or 5G signals into Wi-Fi, and an antenna, with the system wired into the vehicle's power supply, said Ben Weintraub, CEO of Kajeet, a school bus Wi-Fi provider.