Infrastructure
3 House Bills Would Create New Speed Tiers For Broadband, Dole Out Up to $100 Billion in Funds

March 22, 2021 – Three bills, worth $100 billion dollars and introduced in the House, will change the nation’s definition of served and unserved by dramatically upping the threshold for broadband speeds.
The bill will create new categories including unserved, low-tier and mid-tier for federal funding on broadband projects. The new definition of “served,” which was previously categorized as areas with access to speeds of 25 Megabits per second (Mbps) download and 3 Mbps upload, would be updated to bump up the upload speed to 25 Mbps.
Low-tier would be considered areas with between 25/25 Mbps and 100/100 Mbps speeds, and medium-tier would be viewed as 100/100 Mbps to gigabit symmetrical.
The new definitions would reflect enhancements in broadband technology and a previous call for speed definitions to be reassessed in light of the pandemic and consumer uptake of higher speeds.
The first bill, the Accessible, Affordable Internet for All Act, H.R. 1783, was re-introduced on March 12 by House Majority Whip James Clyburn, D-S.C., and the rural broadband task force. Clyburn has been a long-time advocate for more broadband funding, and the task force, consisting of all House Democrats, was formed with that goal in mind. The bill was also introduced in the Senate by Sen. Amy Klobuchar, D-Minn.
The $100-billion bill includes $80 billion for investment in broadband infrastructure in unserved urban and rural areas, 75 percent of which goes to a national competitive bidding system, and 25 percent to states for separate competitive bidding programs in each state and to unserved anchor institutions, including hospitals and schools with speeds of less than 1 gigabit per 1,000 users. The bill stipulates that the FCC and states must first hold competitive bidding exclusive for bidders offering gigabit symmetrical service.
The $80 billion program includes requirements that broadband providers must meet to receive funding, including offering service with at least 100 Mbps symmetrical speed with low latency; prices that are comparable to, or lower than, prices charged for comparable service; and offering an affordable service plan.
Also includes funding for digital inclusion initiatives
The bill also includes over $1 billion for new grant programs aimed at digital equity and digital inclusion initiatives; $5 billion funding over five years for a new low-interest financing program for eligible entities on broadband infrastructure projects; a “dig once” initiative to ensure improved coordination of transportation and broadband infrastructure projects; and $26 million in annual funding for a new Office of Internet Connectivity and Growth, administered by the National Telecommunications and Information Administration, for overseeing broadband projects such as the new grant programs.
It also includes an additional $6 billion for the recently established Emergency Broadband Benefit program, and $2 billion for the new Emergency Connectivity Fund. It also authorizes $200 million to help states participate in the National Lifeline Eligibility Verifier, the application process run by the Universal Service Administrative Company, a nonprofit subsidiary that collects and distributes the Universal Service Fund.
Additionally, it would provide $500 million for the NTIA’s Tribal Broadband Connectivity program and $100 million for U.S. territories.
The bill also requires the FCC to update the E-Rate internet subsidy program, which would allow Wi-Fi on school buses to qualify for E-Rate funding. The program was recently extended to households.
Second measure is the Leading Infrastructure for Tomorrow’s America Act, third measure is H.R. 1672
The second bill is the Leading Infrastructure for Tomorrow’s America Act, or LIFT America Act, H.R. 1848, re-introduced by the Democratic members of the House Energy and Commerce Committee on March 11, part of which would allocate $94 billion in funds for expanding broadband. This is an increase from previous versions of the bill that were introduced in the past but never made it to a vote.
The LIFT America Act, similar in scope to the Accessible, Affordable Internet for All Act, includes $80 billion for increasing broadband access nationwide in underserved urban and rural areas; $5 billion for a low-interest financing program for broadband projects; and $9.3 billion for broadband affordability and adoption programs.
Like the first bill, the LIFT America Act also includes $6 billion for the Emergency Broadband Benefit fund, and $2 billion for the Emergency Connectivity Fund.
The third bill is H.R. 1672, introduced on March 9 by Rep. Peter Welch, D-Vermont, who co-chairs the bipartisan House rural broadband caucus and is also a member of the rural broadband task force. This bill, like the other two, would provide up to $79 billion in funding for broadband projects.
Advanced Energy
Greater Private Investments Will Supplement Federal Dollars Expended in Build America Initiative
Private investments need to support federal money going to infrastructure projects across the United States.

WASHINGTON, June 8, 2023 – American investments in its domestic manufacturing must be accompanied by private investment and ambition, said the director of the Energy Department’s Loan Programs Office Jigar Shah a a Thursday event by nonprofit newsroom Canary Media.
Currently, private companies are not interested in financing manufacturing loans in the U.S., said Shah. He urged the private industry to show more ambition by investing in infrastructure programs as federal investments come down the pipeline.
Don’t miss the discussion of the connection between green energy, semiconductor manufacturing and infrastructure investment at Broadband Breakfast’s Made in America Summit on June 27.
The Build America Buy America Act, strengthened as part of the Infrastructure Investment and Jobs Act of 2021, requires that all iron, steel, manufactured products and construction materials used in federally funded projects to be produced in the U.S.
Additionally, Congress passed the Inflation Reduction Act of 2022 which invests $400 billion in federal funding to clean energy and the CHIPS and Science Act which invests $280 billion into U.S. domestic semiconductor manufacturing. Semiconductors are the microprocessors that power all electronic applications.
These investments, paired with the $1.2 trillion Infrastructure Investment and Jobs Act which invests in various American infrastructure projects, play a central role in the administration’s strategy to revitalize the American industry. They invest in a more sustainable, consistent, and dependable supply chain for the U.S. economy, said Shah.
Investing in American manufacturing will increase investor confidence that the U.S. is capable of large manufacturing projects, he added.
By passing these acts, Congress has moved forward to improve American manufacturing, said Shah. It is now up to private industry to make the most of these investments and reinvent themselves to improve American global competitiveness.
Spectrum
FCC Votes Forward 42 GHz Spectrum Sharing Model Proposal to Broaden Use
Proposed rules will consider how the band might be made available through non-exclusive spectrum access models.

WASHINGTON, June 8, 2023 – The Federal Communications Commission voted unanimously at its June open meeting to issue a notice of proposed rulemaking that explores how the 42 – 42.5 GHz spectrum band might be made available on a shared basis.
The FCC will consider how the band might be made available through one of several non-exclusive spectrum access models that would have the potential to maximize its use, particularly by smaller providers.
The 42 GHz band has 500 megahertz of greenfield airwaves with no federal or commercial incumbencies, which the FCC seeks to use with non-exclusive access models. This could entail using technology-based sensing to help operators mitigate interference by detecting and avoiding one another, non-exclusive licenses that leverage a database to facilitate co-existence, or site-based licensing.
“In the United States, we have already auctioned nearly five gigahertz of this spectrum for traditional exclusive use. I believe now it’s time for something new,” said Chairwoman Jessica Rosenworcel in her statements.
The notice further seeks comment on whether the approaches in the 42 GHz band could be used in other spectrum bands, like the lower 37 GHz band.
Comments regarding the action are due July 8.
“Our goal here is to come up with a new model to lower barriers, encourage competition and maximize the opportunities in millimeter wave spectrum,” said Rosenworcel, urging for more creativity in sharing models.
The FCC’s spectrum auction authority expired in March for the first time in its history.
The FCC also voted to issue proposed rules that would advance the transition to next generation 911, which supports new 911 capabilities including text, video and data sharing.
The ruling would require that originating wireline, interconnected voice over internet protocol, and internet-based telecommunications relay service providers format 911 calls to be compatible with NG911 in IP-based format.
For providers to implement these regulations, the ruling proposed a timeline of six months from the date it is adopted. Rosenworcel said this would “expedite and inform public safety efforts and dramatically improve emergency response.”
The commission also voted forward proposed rules that would enhance the accessibility of interoperable video conferencing services by requiring video conferencing platforms to comply with the accessibility requirements under the Communications Act. That includes improving speech-to-text captioning, text-to-speech capabilities, sign language interpreters, and other accessibility tools.
Broadband's Impact
Uncertainty Regarding Affordable Connectivity Fund is Affecting Private Investment
Lack of assurance regarding the ACP funding discourages local governments and providers from investing into the program.

WASHINGTON, June 7, 2023 – The uncertainty surrounding the refunding of the Affordable Connectivity Program, which is expected to run out of funds in 2024, has implications for internet service providers, American households, and local governments, said experts at a Broadband Breakfast Live Online event Wednesday.
Uncertainty surrounding the ACP funds has turned private investment into a risky bidding game, said Blair Levin, senior fellow at think tank Brookings Institution’s Metropolitan Policy Program. The ACP increases the amount of private capital that providers are willing to invest in new developments in low-income communities because it increases the estimated take rate, he said.
The ACP is currently subsidizing broadband access for more than 17 million Americans with a discount of up to $30 and $75 a month for low-income and tribal households.
Moreover, ISPs are hesitant to market the program to consumers in a way that would suggest sustainability, as they would face a public relations nightmare if the program were to end abruptly, leaving millions of Americans without internet access, said Levin.
The lack of assurance regarding the ACP funding discourages states, local governments and providers from investing time and resources into training staff, added Adeyinka Ogunlegan, vice president of government affairs and policy at advocacy nonprofit EducationSuperHighway.
“Households need assurance now that the money will not disappear,” she continued. There is an urgent need to apply pressure to Congress to ensure communities get the certainty they need, she said.
The ACP is the lynchpin that connects all other federal funds, added Director of the Capital Projects Fund at the U.S. Treasury, Joseph Wender. If the fund is not replenished by the end of the year, the cascading effect could compromise the effectiveness of other federal broadband infrastructure programs such as the $42.5 billion Broadband Equity Access and Deployment program and the $10 billion Capital Projects Fund by harming affordability and program take rate.
Wender added that it is crucial to avoid reaching a critical point where providers need to notify subscribers about the program’s impending end before renewing the project funds. Consequently, relying on the Universal Service Fund reform to fund the program is not feasible within the limited timeframe.
The USF, funded through a tax on voice service providers, supports four programs that make telephone and broadband services affordable for low-income households, health care providers, and schools and libraries. The fund’s sustainability has been under pressure with voice service revenues declining as more Americans use broadband services.
The urgency for ACP renewal cannot be overshadowed by conversations about USF reform, said Ogunlegan.
The ACP program is the “single most important policy issue in telecommunications in terms of impact on the largest number of Americans,” said Levin.
Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. Watch the event on Broadband Breakfast, or REGISTER HERE to join the conversation.
Panelists
- Blair Levin, Senior Fellow, Brookings Metro
- Adeyinka Ogunlegan, Vice President, Government Affairs & Policy, EducationSuperHighway
- Amina Fazlullah, Senior Director of Equity Policy, Common Sense
- Amol Naik, Senior Vice President, Public and Policy and Community Engagement, Ting Internet
- Joseph Wender, Director, Capital Projects Fund, U.S. Treasury
- Drew Clark (moderator), Editor and Publisher, Broadband Breakfast
Panelist resources:
- Affordable Connectivity Fund Dashboard, Institute for Local Self Reliance
- LOOKING BACK, LOOKING FORWARD: What it will take to permanently close the K–12 digital divide, Common Sense Media
Blair Levin is a nonresident senior fellow at Brookings Metro and a policy analyst with New Street Research, an equity research firm focused on telecommunications and technology. Levin has also been involved in a number efforts to broaden broadband’s reach and effectiveness, including serving as the Executive Director of Gig.U: The Next Generation Network Innovation Project, an initiative of three dozen leading research university communities seeking to support educational and economic development by accelerating the deployment of next generation networks, leading the writing of a report for the World Bank and United Nations High Commission on Refugees on broadband for refugees, and most recently, working with the National Urban League to write the Lewis Latimer Plan for Digital Equity and Inclusion. Previously, Levin worked with the Communications & Society Program with the Aspen Institute Communications and Society Program, following his departure in 2010 from the Federal Communications Commission where he oversaw the development of a National Broadband Plan.
Amina Fazlullah is the Senior Director of Equity Policy in Common Sense‘s D.C. office where she works on a range of issues including expanding affordable access to technology, privacy, platform responsibility, and digital well-being. Prior to joining Common Sense, Amina was a tech policy fellow at Mozilla, where she worked to promote broadband connectivity in underserved communities (tribal, rural, and refugee communities) around the world. She has testified before committees in the U.S. House and Senate on technology issues impacting vulnerable consumers, kids, and families. She has been featured by the press and at conferences on issues related to broadband competition, Section 230, the digital divide, and dark patterns. She has published multiple research reports about the scale, cost, and solutions for addressing the digital divide. She has served on the FCC’s Consumer Advisory Committee and currently serves as a founding board member of the National Digital Inclusion Alliance. Amina has also worked with the Benton Foundation, U.S. Public Interest Research Group, for the Honorable Chief Judge James M. Rosenbaum of the U.S. District Court of Minnesota, and at the FCC.
Adeyinka Ogunlegan is the vice president for government affairs and policy at EducationSuperHighway, a national nonprofit with the mission to close the digital divide for the 18 million households that have access to the internet but can’t afford to connect. EducationSuperHighway focuses on America’s most unconnected communities, where more than 25 percent of people don’t have internet. As the leader of the government affairs team, Ogunlegan focuses on developing and executing the nonprofit’s policy strategy while bringing together the right coalition of champions to accomplish ESH’s mission to close the broadband affordability gap. Prior to joining EducationSuperHighway, she spent several years at Comcast where she was responsible for legislative advocacy and building partnerships with community-based organizations to close the digital divide.
Amol Naik is a government affairs executive and public policy lawyer with deep expertise in technology and infrastructure policy developed at senior levels in both the private sector and government. He is SVP of Public Policy and Community Engagement for Ting Internet, where he leads the national team responsible for all of Ting’s public policy advocacy at the federal, state and local levels, as well as evaluating new markets, and subsequently collaborating with communities in the manner required for building citywide fiber to the premises networks. Amol is a civic leader in Atlanta and his interest in digital inclusion comes from his experience growing up in rural North Carolina, where he saw the devastating impact the digital divide can have on underserved communities of color.
Joseph Wender currently serves as director of the U.S. Department of the Treasury’s Capital Projects Fund. He previously served for nearly 13 years on Capitol Hill, most recently as Senator Ed Markey’s senior policy adviser, where he led a team covering a wide range of issues including telecommunications and infrastructure. Wender also worked as then-Representative Markey’s legislative director. Prior to working for Markey, he served as counsel for the House Transportation and Infrastructure Committee. He received his B.A. from Wesleyan University and graduated magna cum laude from Harvard Law School.
Drew Clark (moderator) is CEO of Breakfast Media LLC. He has led the Broadband Breakfast community since 2008. An early proponent of better broadband, better lives, he initially founded the Broadband Census crowdsourcing campaign for broadband data. As Editor and Publisher, Clark presides over the leading media company advocating for higher-capacity internet everywhere through topical, timely and intelligent coverage. Clark also served as head of the Partnership for a Connected Illinois, a state broadband initiative.
As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.
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See a complete list of upcoming and past Broadband Breakfast Live Online events.
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