To speed universal connectivity efforts, the White House and Congress should improve transparency and consistency in BEAD decision-making, said Kathryn de Wit, director of Pew Charitable Trusts' broadband access initiative. She wrote last week that making public all past waivers issued to states would help, as would be ensuring that guidance is consistently applied across all states. Issuance of remaining BEAD guidance should be expedited, so states and service providers understand the standards, she said, adding that NTIA should be used to resolve interagency issues that could slow deployment, such as permitting approvals. She called for waivers aimed at lowering permitting requirements and minimizing application requirements for ISPs, such as the letter of credit requirement. Pointing to instances of ISP noncompliance with the rural digital opportunity fund, de Wit urged that NTIA give states power to redeploy funds to other locations.
The FAA might not be a good home for the Office of Commercial Space Transportation (AST), and maybe it should move elsewhere, said Senate Commerce Committee Chairman Ted Cruz, R-Texas. Also speaking Wednesday at the FAA and Commercial Space Federation's annual commercial space conference in Washington, House Space and Aeronautics Subcommittee Chairman Mike Haridopolos urged aggressive use of low earth orbit (LEO) broadband in BEAD, saying it would be a vastly cheaper approach.
Expect big changes to BEAD, with the Donald Trump administration and congressional Republicans rewriting the rules and putting more emphasis on efficient use of funding, tech policy experts said Tuesday at the annual State of the Net conference. Consultant Mike O'Rielly, a former FCC commissioner, said NTIA isn't likely to process any state's final proposals in the near term as it awaits where the administration and Congress take BEAD. States must be flexible and ready to pivot once that new direction becomes clear, he added.
The Competitive Carriers Association challenged parts of the FCC’s 5G Fund order in the U.S. Court of Appeals for the D.C. Circuit, seeking changes to the rules the agency adopted under former Chairwoman Jessica Rosenworcel (see 2408290041). Current Chairman Brendan Carr voted against the order, arguing that the fund should be launched only after the BEAD program plays out and money is awarded. CCA and the Rural Wireless Association voiced concerns when the order was approved in August.
Charter Communications sees broadband subscriber competition from fixed wireless access (FWA) having peaked and predicts that fiber overbuilding will slow down. In a call with analysts Friday as Charter reported its Q4 2024 results, CEO Chris Winfrey said the broadband environment is "still competitive in terms of fiber and cellphone internet overlap." But, he said, "we better be better this year than we were ... last year" -- especially with the loss of the Affordable Connectivity Program (ACP) no longer dragging down results, as it did in the second half of 2024. Charter executives used the term "cellphone internet" five times in Friday's call.
The U.S. District Court for the District of Columbia granted an administrative stay late Tuesday afternoon that temporarily blocked a White House OMB memo, which called for a freeze on most federal grants and loans, from going into effect. The Trump administration memo already faced an array of legal challenges, including a planned lawsuit from a coalition of Democratic attorneys general from New York, California, Illinois, Massachusetts, New Jersey and Rhode Island. Broadband officials and industry advocates raised questions about the memo's constitutionality and the future of certain FCC programs, such as Lifeline. Others warned the freeze could have serious implications for NTIA's BEAD program.
USTelecom urged legislative action to shore up lawmakers’ mandate for the USF amid the “existential threat” posed by the 5th U.S. Circuit Court of Appeals’ 2024 en banc decision that the program’s contribution factor is unconstitutional (see 2407240043). The U.S. Supreme Court is reviewing the 5th Circuit’s ruling (see 2501170046). In an open letter Friday, USTelecom said Congress should “reaffirm” its bipartisan will to maintain USF “and reform how the program is funded.” It added, “Reform must begin by requiring Big Tech companies that benefit massively from universal connectivity to join in contributing to this vital national commitment.” Some lawmakers and other observers believe Senate Commerce Committee Chairman Ted Cruz, R-Texas, may move Congress’ USF revamp toward making the program subject to the federal appropriations process (see 2411270060). In addition, USTelecom said NTIA, under President Donald Trump, “should roll back rate regulation and other requirements” for the $42.5 billion BEAD program “that Congress never asked for, while retaining a significant role for fiber, the high-speed broadband gold standard.” Removing BEAD requirements Congress didn’t mandate in the 2021 Infrastructure Investment and Jobs Act “would shed the unwanted baggage and accelerate what matters most -- getting the work of connecting everyone done,” USTelecom said. “Restoring a tight focus on the mission -- broadband deployment – can dramatically accelerate efforts to fill gaps in high-speed service, helping unlock economic opportunities and access to innovation throughout” the country. USTelecom also urged lawmakers to “move again” on the American Broadband Deployment Act permitting package that the House Commerce Committee approved in 2023 (see 2305240069). The measure, which groups together more than 20 GOP-led connectivity permitting bills, drew unanimous opposition from House Commerce Democrats, and local government groups continued lobbying against it last year (see 2409180052). “Congress should green light speeding up approvals for more broadband projects on federal lands,” USTelecom said: “With a third of our nation’s land under federal control, federal permitting reform would provide an immediate adrenaline shot to the capacity, sophistication, reach and security of our nation’s information infrastructure.”
FCC Chairman Brendan Carr will undoubtedly continue focusing on his core issues of deregulation, competition, infrastructure development and national security, Venable lawyers Craig Gilley and Liz Clark Rinehart wrote Thursday. How quickly he can steer the agency in that direction will depend on Congress' speed in confirming Olivia Trusty as the third Republican commissioner, giving him the majority he needs, they added. A Carr administration means the agency will change course on communications policy issues including net neutrality, broadband regulation, digital equity, spectrum, rationalizing federal infrastructure spending and BEAD, and content moderation online, they said. Carr will likely take a narrower view of the scope of FCC authority and use competition, rather than regulation, to protect consumers. However, he will be a more aggressive regulator on national security matters. GOP control of Capitol Hill and the White House makes net neutrality "a non-issue over the next four years," though whether the FCC can explicitly preempt state net neutrality regulations remains an open question, the lawyers said. If the FCC's digital discrimination rules survive the current challenge before the 8th U.S. Circuit Court of Appeals, Carr's FCC would likely revisit and repeal them, they said. The Republican-controlled Congress isn't likely to restore Affordable Connectivity Program funding, "given where Congressional Republicans are on budget issues." They said they expect Carr's FCC to focus on streamlining rules for fiber and infrastructure deployment, such as limiting fees that states and local governments can charge for permit application reviews.
NTIA must take a tech-neutral approach in the BEAD program and "reverse policy choices that skew market-driven outcomes for technology selection," Louisiana Gov. Jeff Landry (R) told commerce secretary nominee Howard Lutnick. Louisiana was the first state to begin its BEAD process and receive final NTIA approval for its plan (see 2501140055). Landry wrote Lutnick a letter Wednesday encouraging that the agency provide more flexibility and streamline other approval processes.
Few of the first tranche of rural digital opportunity fund program recipients authorized in 2021 are behind on their buildouts of broadband to unserved areas. The FCC has seen only a smattering of notifications in recent days from operators alerting it about falling short of the milestone of being 40% deployed as of the end of 2024 (see 2501160056). But broadband experts told us the rate of missed milestones could be higher when it comes to the second batch of RDOF carriers, authorized in 2022. That group has until the end of this year to meet its 40% buildout milestone.