This piece was authored by Jericho Casper from Broadband Breakfast.

The digital divide afflicting the United States has become even more apparent throughout the pandemic, repositioning the issue of universal broadband access to the forefront of many Washington policy agendas, including that of President-elect Joe Biden.

The Biden presidential campaign’s website early on included a plan for rural America that highlighted how the COVID-19 crisis deepened many of the challenges that were already confronting Americans, including “lack of access to health care, unreliable broadband, and the chronic under funding of public schools.”

The plan further states that “Americans everywhere need universal, reliable, affordable, and high-speed Internet access to do their jobs, participate equally in remote school learning and stay connected” and promises to “expand broadband, or wireless broadband via 5G, to every American.”

Biden’s Top Four Priorities Convey an Urgent Need for Advanced Infrastructure

Of the challenges facing the incoming administration of Biden and Vice President-elect Kamala Harris, it seems clear that universal broadband is critical to each of them.

Biden’s campaign website specifically lists universal broadband as a priority in bolstering economic recovery, fighting climate change, and advancing racial economic equity. Universal access to broadband also underscores  the fourth top policy initiative listed on the Biden campaign website, battling COVID-19, although the incoming administration fails to link broadband as a precondition for this priority.

As a presidential candidate, Biden called broadband a tool to put Americans to work during a visit to Hermantown, Minnesota.

The campaign’s plan for economic recovery specifically links the country’s financial recovery to mobilizing American work forces in the construction of  “modern, sustainable infrastructure” and “sustainable engines of growth,” connecting universal broadband to building a clean energy economy, addressing the climate crisis, and creating millions of “good-paying, union jobs.”

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If you have been following our series on the Accessible, Affordable Internet for All (AAIA) Act, you already know the proposed legislation calls for a $100 billion investment in expanding broadband access and affordability in unserved and underserved parts of the country. In this fourth installment of the series, we explore the part of the bill that contains the bulk of the funding. Of the $100 billion proposed in the bill, $85 billion of it can be found in the Title III - Broadband Access section.

Amending the Communications Act of 1934, Section 3101 of the bill appropriates $80 billion for “competitive bidding systems” to subsidize broadband infrastructure. That is to say, it requires the Federal Communications Commission (FCC), and states, to use “competitive bidding systems” for Internet Service Providers (ISPs) to bid on broadband deployment projects in “areas with service below 25/25 Megabits per second (Mbps), and areas with low-tier service, defined as areas with service between 25/25 and 100/100 Mbps.” The term “competitive bidding” seems to suggest a reverse auction process, though it hardly makes sense for each state to set up such a system given the logistical challenges. A legislative staffer responded to our email earlier this year saying he believed that language would allow for state programs that solicited applications from ISPs and scored them for evaluation, much like Minnesota’s Border-to-Border Broadband program operates. However, he noted that the FCC would interpret that language ultimately. More on this below. 

Prioritizing Higher Upload Speeds

It’s worth noting that this part of the bill implicitly acknowledges the insufficiency of the current FCC definition of a minimum broadband speed of 25/3 Mbps. As it stands now, the FCC defines “unserved areas” as parts of the country where there is either no Internet access or broadband speeds under 25/3. This legislation raises the bar and broadens the definition of “unserved areas.” It’s a step in the...

Last week we began our broad overview of the Accessible, Affordable Internet for All Act, sweeping legislation that calls for a $100 billion investment in broadband infrastructure in unserved and underserved parts of the country, as well as federal funding and coordinated support to meet the myriad of barriers that prevent tens of millions of Americans from having access to affordable and reliable Internet connectivity.

The bill (H.R. 7302) has already passed in the U.S. House of Representatives led by House Majority Whip James E. Clyburn (D-SC) and members of the House Rural Broadband Task Force. The Senate version of the bill (S. 4131), which was filed by Minnesota Senator Amy Klobuchar, co-chair of the Senate Broadband Caucus, has stalled, thanks to Senate Majority Leader Mitch McConnell who has “has buried the legislation in his graveyard,” in the words of Rep. Clyburn.

In this second-installment of a series of posts exploring the major sections contained in the proposed legislation, we look at the “Title I – Digital Equity” portion of the bill.

New Office of Internet Connectivity and Growth (OICG)

The first thing the legislation does is requires the Assistant Secretary of Commerce for Communications and Information to establish an Office of Internet Connectivity and Growth (OICG) within the National Telecommunications and Information Administration (NTIA). The new office, which would be allocated a $26 million annual budget, would run point on federal outreach to communities who lack access, or need better broadband access, via regional workshops, trainings, and the drafting of reports that would provide guidance on best-practices.

The office would also be required to track federal spending on any broadband related expenditures, as well as coordinate with other federal agencies to conduct a study on how affordability factors into households’ lack of connectivity...

As Vermont’s nascent Communication Union Districts (CUD) push to bring universal, truly high-speed Internet connectivity to the more rural parts of the Green Mountain State, CUD leaders are calling for changes in how federal funds get funneled to local municipalities, and for a change in how the federal government defines “high-speed” access.

Enabled by a 2015 Vermont law that allows two or more towns to join together as a municipal entity to build communication infrastructure, these local governmental bodies were formed to help the state reach its goal of having universal access to broadband by 2024. The idea is for CUD’s to operate like a water, sewer, or school district as a way for local communities to build their own broadband infrastructure. Establishing a CUD also puts rural regions of Vermont in a position to borrow money on the municipal bond market and eases access to grants and loans to fund broadband projects.

The formation of Communication Union Districts across the state began to pick up steam in the months following Gov. Phil Scott’s signing of H.513 in June of 2019. That legislation, which set aside $1.5 million to support broadband projects, increased funding to help provide Internet service in unserved or underserved parts of the state. It also created a new Broadband Expansion Loan Program within the Vermont Economic Development Authority (VEDA) to assist start-up broadband providers in developing community-based solutions.

Funding Gaps

In a Zoom call last month with U.S. Rep Peter Welch, D-Vt., leaders from the state’s nine CUD’s met virtually with Welch to update the congressman on the status of their efforts and what they see as crucial to succeed in fulfilling their mission without burdening taxpayers.

Representing the Deerfield Valley Communications Union District, Ann Manwaring told Congressman Welch: “It’s wonderful to think about the notion that we should be running like an electric utility. But until there’s some federal legislative action that permits that to...