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...

Last week, Frontier Communications told the Federal Communications Commission (FCC) that there are 17,000 census blocks in which it is now offering 25 Megabits per second (Mbps) download and 3 Mbps upload. This means well over 400,000 Americans now live in areas no longer eligible for the FCC's Rural Digital Opportunity Fund, a $20.4 billion program to expand rural broadband. The first phase will auction off up to $16 billion in subsidies later this year.

In the filing, the company also identified census blocks where it believes other providers will deploy broadband access through state-funded programs, making those locations ineligible for the federal funds as well.

Frontier is Flailing

Frontier recently declared bankruptcy, following a history of increasingly unsustainable acquisitions. It also just missed its milestone for the Connect America Fund, which required the company to deploy obsolete 10/1 Mbps service to 80 percent of the funded locations by the end of 2019 in return for more than $1.5 billion in subsidies. Some 774,000 locations should have at least 10/1 Mbps service by the end of 2020 from a company Consumer Reports repeatedly finds to be one of the worst Internet Service Providers in the nation.

Frontier is so bad that it went through repeated outages of 911 in Wisconsin, dealt with state investigation after state investigation (including but in no way limited to Minnesota, Ohio...

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...