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Infrastructure

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

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Photo of Rep. Jim Clyburn from March 2018 by Preston Keres of USDA

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.

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Funding

Florida, Georgia, Iowa, Minnesota, Missouri and Utah to Receive Nearly $1 Billion in American Rescue Plan Funds

The states will use their funding through the Capital Projects Fund to connect more than 180,000 homes and businesses.

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WASHINGTON, December 1, 2022 – The U.S. Treasury Department on Thursday announced the approval of broadband projects in an additional six states under the American Rescue Plan’s Capital Projects Fund Florida, Georgia, Iowa, Minnesota, Missouri and Utah.

Together, these states will use their funding to connect more than 180,000 homes and businesses to affordable, high-speed internet.

The Capital Projects Fund provides $10 billion to states, territories, freely associated states, and Tribal governments to fund critical capital projects that enable work, education, and health monitoring in response to the public health emergency. In addition to the $10 billion provided by the CPF, many governments are using a portion of their State and Local Fiscal Recovery Funds toward connecting to affordable, reliable high-speed internet.

“The pandemic upended life as we knew it—from work to school to connecting with friends and family—and exposed the stark inequity in access to affordable and reliable high-speed internet in communities across the country in rural, Tribal, and other underrepresented communities,” said Deputy Secretary Wally Adeyemo. “This funding will lay the foundation for the Biden-Harris Administration’s historic investments to increase access to high-speed internet and reduce internet bills for American households and businesses.”

In accordance with Treasury’s guidance, each state’s plan requires service providers to participate in the Federal Communications Commission’s new Affordable Connectivity Program.

The Affordable Connectivity Program helps ensure that households can afford the high-speed internet they need for work, school, healthcare, and more by providing a discount of up to $30 per month (or up to $75 per eligible household on Tribal lands). Experts estimate that nearly 40% of U.S. households are eligible for the program.

The Administration also commitments from 20 leading internet service providers to offer all ACP-eligible households high-speed, high-quality internet plans for no more than $30 per month. As a result, ACP-eligible households can receive internet access at no cost and can check their eligibility for free internet and sign up at GetInternet.gov.

In addition to requiring funding recipients to participate in the Affordable Connectivity Program, Treasury’s guidance requires recipients to consider whether the federally funded networks will be affordable to the target markets in their service areas and encourages recipients to require that a federally funded project offer at least one low-cost option at speeds that are sufficient for a household with multiple users.

The following descriptions summarize the six state plans that Treasury approved today:

  • Florida is approved for $248 million for broadband infrastructure, which the state estimates will connect 48,400 households and businesses – representing approximately 10% of locations still lacking high-speed internet access. Florida’s award will fund Florida’s Broadband Infrastructure Program (BIP), a competitive grant program designed to expand last mile broadband access to homes and businesses in rural areas of the state. Funding from CPF will help Florida continue to prioritize fiber-optic networks and projects proposing affordable service. The BIP is designed to provide internet service with speeds of 100 * 100 Mbps symmetrical to households and businesses upon project completion. Florida submitted plans for the remainder of their CPF funds and these applications are currently under review by Treasury.
  • Georgia is approved to receive $250 million for broadband infrastructure, which the state estimates will connect 70,000 households and businesses – representing 15% of locations still lacking high-speed internet access. Georgia’s award will fund the Georgia Capital Projects Fund grant program, a competitive grant program that is designed to fund broadband infrastructure projects that provide service to areas identified by the state to currently lack access to reliable broadband that can meet or exceed 25 * 3 Mbps, and that adopt practices that support both efficient broadband expansion and community engagement. The Georgia Capital Projects Fund is designed to provide internet service with speeds of 100* 100 Mbps symmetrical to households and businesses upon project completion. Georgia submitted plans for the remainder of their CPF funds and these applications are currently under review by Treasury.
  • Iowa is approved for $152.2 million for broadband infrastructure, which the state estimates will connect 18,972 households and businesses – representing approximately 16% of locations still lacking high-speed internet access. Iowa’s award will fund the Empower Rural Iowa Broadband Program, a competitive grant program designed to address inequities in access to broadband throughout the state of Iowa. Using a three-step process, the program combines mapping data, input from communities, and applications from service providers. Funding from CPF will help Iowa bring broadband service to areas identified having a critical need for broadband. Empower Rural Iowa Broadband Program is designed to provide internet service with speeds of 100 * 100 Mbps symmetrical to households and businesses upon project completion. The plan submitted to Treasury and being approved today represents 100% of the state’s total allocation under the CPF program.
  • Minnesota is approved for $44 million for broadband infrastructure. Minnesota’s award will fund two additional broadband infrastructure programs: Minnesota’s Line Extension Program, a competitive grant program designed to address the needs of individuals who are located near infrastructure for high-quality broadband service but where the cost of the last mile connection is a barrier; and the Low-Density Pilot Program, a competitive grant program that provides financial resources for new and existing providers to invest in building broadband infrastructure in low-density areas of the state that currently lack high-speed internet. Funding from CPF will help Minnesota continue its efforts to provide reliable internet access to predominately rural locations previously facing cost barriers. Both programs are designed to provide internet service with speeds of 100 * 100 Mbps symmetrical to households and businesses upon project completion. Minnesota submitted plans for the remainder of their CPF funds and these applications are currently under review by Treasury.
  • Missouri is approved for $196.7 million for broadband infrastructure, which the state estimates will connect 37,979 households and businesses – representing approximately 8% of locations still lacking high-speed internet access. Missouri’s award will fund the Missouri Broadband Infrastructure Grant Program, a competitive grant program designed to fund broadband infrastructure projects in areas that currently lack access to high-speed, reliable broadband. Funding from CPF will help Missouri bring service to areas where broadband infrastructure projects would not be feasible without assistance. The Missouri Broadband Infrastructure Grant Program is designed to provide internet service with speeds of 100 * 100 Mbps symmetrical to households and businesses upon project completion. The plan submitted to Treasury and being approved today represents 100% of the state’s total allocation under the CPF program.
  • Utah is approved for $10 million for broadband infrastructure, which the state estimates will connect 3,080 households and businesses – representing approximately 5% of locations still lacking high-speed internet access. Utah’s award will fund the Broadband Infrastructure Gap Networks Grant Program (Gap Networks Grant Program), a competitive grant program designed to address gaps in broadband infrastructure where reliable broadband service is currently unavailable. Funding from CPF will help Utah continue its efforts to bridge the state’s remaining digital divide. The Gap Networks Grant Program is designed to provide internet service with speeds of 100 * 100 Mbps symmetrical to households and businesses upon project completion. Utah submitted plans for the remainder of their CPF funds and these plans are currently under review by Treasury.
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Broadband Mapping & Data

States Face Roadblocks in Challenge Processes, FCC Tries to Facilitate

The BEAD timeline looms large for many who worry that two months is insufficient time to correct the map.

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Photo of Kirk Burgee, chief of staff for the FCC's Wireline Competition Bureau

WASHINGTON, November 30, 2022 – As state broadband offices scramble to submit challenges to the national broadband map, the Federal Communications Commission is working to provide much-needed resources to help stakeholders through the often-opaque challenge processes.

The FCC’s new broadband map, released in November, provides location-level data of broadband availability nationwide. The map is comprised primarily of two datasets: a list of all broadband serviceable locations – the “fabric” – and provider-submitted availability data. The accuracy of both can be challenged by the public through designated processes.

The FCC has endeavored to create a consumer-friendly challenge-process, said Kirk Burgee, chief of staff for the Wireline Competition Bureau. “We do try to make the process as flexible and accessible as it can be consistent with getting effective challenges and resolving them correctly,” he explained.

Burgee spoke at an FCC webinar held Wednesday to demystify the fixed-availability bulk-challenge process.

The FCC’s availability data will largely determine the distribution of the $42.45 billion Broadband Equity, Access, and Deployment program among the states. The National Telecommunications and Information Administration, the subdivision of the Department of Commerce which administers the BEAD funds, has advised the public to submit challenges by January 13, 2022, to ensure they are considered for BEAD grants – scheduled to be announced in June.

The immediate stakes of accurate mapping

If the FCC’s data is inaccurate when the NTIA calculates the allocations, some states could be shorted on badly needed funding. Some industry players say the map is concerningly inaccurate, and others say the FCC’s challenge processes may prove prohibitively complex.

Georgia has yet to submit fabric challenges, although it intends to, wrote Joshua Hildebrandt, the state’s director of broadband initiatives, in correspondence with Broadband Breakfast.

“So far, we have encountered a number of hurdles that have made a quick challenge submission difficult to do,” Hildebrandt explained. “Georgia is fortunate to have a considerable amount of data, which helped us create one of the nation’s first public statewide address-level broadband service maps.

“However, even with all of this applicable data in-house,” he added, “The FCC’s process for challenging fabric locations on a one-by-one basis still requires substantial effort and time.”

“The fabric is an enormous challenge, but we are very disappointed in the quality of the fabric and, more importantly, the insistence on using it and moving forward,” David Lukens, Connecticut’s broadband-mapping coordinator, told Broadband Breakfast.

“The FCC’s burdensome challenge process incentivizes…challenges focused only on potential BEAD project area,” he added.

Several state broadband officials told Broadband Breakfast that they have, by necessity, thus far submitted fabric challenges primarily for unserved areas, leaving the FCC’s data for numerous locations in better-served areas uncorrected. Some say, however, that they will submit additional challenges going forward.

The challenge process may work, but some say time is running short for BEAD

Spokespeople for the FCC and CostQuest have routinely acknowledged the errors in the map’s first draft and urged stakeholders to submit challenges to correct them. Some experts, including Scott Wallsten of the Technology Policy Institute, say inaccuracies are inevitable, but the challenge process will largely ameliorate them in time.

The BEAD timeline looms large for many who worry that less than two months – the interval between the map’s November release and January 13 – is insufficient time to correct the map. And like any massive undertaking, smaller entities struggle to keep up.

Kansas’ broadband director, Jade Piros de Carvalho, told Broadband Breakfast her small team lacks the bandwidth to submit a bulk challenge at all. Piros de Carvalho has encouraged her fellow Kansans to submit their own challenge. “Currently the FCC shows KS at about 5 percent unserved. We are more likely closer to 15 percent unserved, and that difference will have a direct negative impact on the dollars we receive,” she wrote Monday.

Maine will take a multi-stakeholder approach that will mobilize communities and regional partners, Andrew Butcher, president of the Maine Connectivity Authority, told Broadband Breakfast. In addition, the state itself plans to submit bulk-availability and fabric challenges by January 13, Butcher said.

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Spectrum

Interference Concerns with FCC Raised Over Wi-Fi in 6 GigaHertz Band

Southern Linc raised concerns about potential interference issues with the agency’s opening the band for unlicensed use.

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Illustration by Jose Ruiz from PC Mag

WASHINGTON, November 30, 2022 – Wireless service provider Southern Linc raised concerns with the Federal Communications Commission on November 9 about potential interference issues with the agency’s opening of the 6 GigaHertz (GHz) band for unlicensed use.

The concerns, laid out in a post-meeting letter to the FCC, explained that the agency’s decision to open up the band traditionally used by services including broadcasting to unlicensed use was based on measurements taken in 2018. Since then, wireless data points have multiplied, rendering these measurements outdated and unreflective of the current Wi-Fi environment, Southern Linc representatives argued.

Southern Linc urged the collection of data on current Wi-Fi operations to successfully develop and implement automated frequency coordination systems. A thoroughly tested automatic frequency control system could provide for effective shared use of the 6 GHz band and reduce harmful interference, the company said.

Earlier this month, the FCC approved the testing of 13 proposed automated frequency coordination database systems from various technology companies to ensure interference issues are limited. During testing, each company will make the automated frequency coordination system available for a specific period for the public to test the system’s functionality.

Southern Linc also recommended a proposal made by trade associations to engage in next-generation Wi-Fi, dubbed “6E” for its capability to use the 6 GHz band. To date, the University of Michigan has a campus-wide Wi-Fi 6E system, the largest currently operating network of unlicensed 6 GHz devices.

In April 2020, the FCC adopted its 6 GHz Order, freeing up 1,200 megahertz of spectrum in the 6 GHz band (from 5.925–7.125 GHz) for unlicensed use, including for Wi-Fi connectivity. The order, supported unanimously by the FCC commissioners, was expected to improve Wi-Fi reliability and speed.

A few months later, in response to a challenge from AT&T, the D.C. Court of Appeals unanimously upheld the FCC order stating that the “petitioners have failed to provide a basis for questioning the commission’s conclusion that the order will protect against a significant risk of harmful interference.”

In December 2021, the National Spectrum Management Association echoed concerns about harmful interference, alleging the FCC decision was made without proper testing.

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