The bipartisan infrastructure bill, which includes $65 billion for expanding access to reliable, high-speed Internet service, passed in the U.S. Senate yesterday. The full text of the bill, posted on U.S. Sen. Krysten Sinema’s (D-Arizona) website, appears to be identical to the draft of the bill detailed here by the law firm Keller & Heckman.

For those of us who favor local Internet choice, the bill is a mixed bag filled with The Good, The Bad, and The Ugly. Let’s start with …

The Good

Of the $65 billion allocated in the bill, $42 billion of that is to fund the deployment of broadband networks in “unserved” and “underserved” parts of the country. The good part of that is the money will be sent to the states to be distributed as grants, which is better than handing it over to the FCC for another reverse auction. The FCC’s track record on reverse auctions is less than encouraging, and state governments are at least one step closer to local communities who have the best information on where broadband funding is needed.

In a nod to community broadband advocates and general common sense, the bill requires States to submit a “5-year action plan” as part of its initial proposal that “shall be informed by collaboration with local and regional entities.” It goes further in saying that those initial proposals should “describe the coordination with local governments, along with local and regional broadband planning processes,” in accordance with the NTIA’s “local coordination requirements.”

And the bill specifically says that when States award the grant money, they “may not exclude cooperatives, nonprofit organizations, public-private partnerships, private companies, public or private utilities, public utility districts, or local governments from eligibility for such grant funds.”

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Snapshot

Nebraska Senate rejects amendment supporting municipal broadband in spending plan

Michigan Governor vetoes bill granting private ISPs property tax exemptions

Montana, Iowa and Maine channel Rescue Plan funds towards new broadband grant initiatives

The State Scene

Nebraska

The Nebraska Senate approved a plan to spend $40 million over the next two years on expanding rural access to high-speed Internet by a unanimous vote on Tuesday, but only after an amendment to L.B. 388 that would have allowed municipalities to offer retail broadband services was rejected.

State Sen. Justin Wayne introduced the amendment, saying that “broadband should be considered a critical infrastructure need and that private telecommunications companies have not stepped up to serve the whole state,” the Lincoln Journal Star reports.

Wayne urged Nebraska Senators “to look to Nebraska's history of public power as a model, as well as to the example of other states that are allowing cities to offer broadband.” The amendment ultimately failed by a vote of 20-24. Wayne assured fellow Senators that he will reintroduce the amendment in the future. 

The bill marked the first time the Nebraska Legislature has suggested using state tax dollars to fund broadband deployment. As it was submitted to Gov. Pete Ricketts for his signature, the bill would annually allocate, until funds run out, $20 million in grants to projects that increase access to high-speed broadband in unserved regions of Nebraska. It would prioritize projects in regions which lack access to Internet service with speeds of at least 25 Megabits per second (Mbps) download/3 Mbps upload. Grant recipients would be required to deploy networks capable of providing service of at least 100/100 Mbps within 18 months. 

Michigan

Michigan Gov. Gretchen Whitmer vetoed H.B. 4210 on April 14, a bill which would have granted...

A host of cities and counties in Arkansas are about to get a major broadband boost thanks to local officials taking steps to act on a grant program deployed by the state last year. Borne out of the state’s 2020 1st Extraordinary Session at the end of March 2020 in response to the Covid 19 pandemic, the new Rural Broadband I.D. Expenses Trust Fund Grant Program will disburse $2 million in funds divided into 30 one-time grants of $75,000 each to towns, cities, and counties to tackle the digital divide in the Toothpick State. The program is financed via Arkansas’ Restricted Reserve Fund with money given to the state by the CARES Act, and is administered by the University of Arkansas for Medical Sciences (UAMS) Institute for Digital Health & Innovation. And while an array of projects have been awarded funds, money remains available and applications are being accepted on a rolling basis for those who have yet to take advantage.

A Win for Local Self-Reliance and Increasing Competition

The program is expressly designed to bridge the gap for communities that want to begin to improve local Internet access but are stymied by a necessary first step: paying for those economic, design, and feasibility analyses which require pulling together the wide range of options available in the context of local conditions. That’s where this program comes in, according to Rachel Ott, the UAMS Institute’s for Digital Health and Innovation Grant Director. Communities can use the work produced to apply for federal grants down the road, including the recently concluded Rural Digital Opportunity Fund (RDOF), the U.S. Department of Agriculture’s ReConnect Program, funds from the Agriculture Improvement Act of 2018, and any other forthcoming federal funding programs. 

Cities, towns, counties, and unincorporated communities are all eligible to apply. Non-profits and for-profit entities are also eligible to apply, but only in unincorporated communities. If they want to undertake projects in cities or towns, they are required to...

The federal government is about to spend more than $120 million on subsidies that, rather than improving rural connectivity, will make tens of thousands of families worse off.

These funds are part of a 2018 federal program intended to expand rural broadband access called the Connect America Fund phase II (CAF II) reverse auction. The program, in which Internet access providers competed for subsidies, will distribute nearly $1.5 billion over the next 10 years to connect unserved rural residents. But in some communities, the auction may do more to widen the digital divide than diminish it.

While some winning bidders committed to building out high-speed fiber optic networks, satellite company Viasat will rake in more than $120 million in subsidies to continue providing inadequate geostationary satellite connectivity to rural households that are clamoring for something better. Not only does satellite Internet access offer slower speeds, greater latency, and less reliability for a higher cost compared to other technologies, but Viasat’s subsidies are making those areas ineligible for future broadband funds, deterring other providers from building truly high-quality networks. Instead of bridging the digital divide, the process will relegate certain communities to satellite Internet access while others receive ultra-fast fiber and do nothing more than deepen the fissure.

Mo’ Money . . .

The Connect America Fund (CAF) is a multi-phase subsidy program that supports improved connectivity in rural, high-cost areas as part of the Federal Communications Commission's (FCC’s) Universal Service Fund. The most recent phase of the program, the CAF phase II reverse auction, auctioned off regions to providers using a complicated formula that prioritized bids for low subsidy amounts and high-quality service.

Previous rounds of CAF mainly subsidized the large incumbents, such as AT&T and CenturyLink, but for the reverse auction, the FCC opened participation to other entities, including non-traditional providers like electric cooperatives. Eligible areas included rural locations where the incumbents had previously refused subsidies (and the accompanying commitment to expand Internet access).

Viasat was one of the largest winners in the CAF II reverse auction...