WASHINGTON, September 26, 2023 – The survival of federal broadband subsidies will be essential for the success of the Broadband Equity, Access and Deployment program, expert panelists said at the Broadband Breakfast BEAD Implementation Summit on Friday.

Broadband providers building infrastructure with funding from the $42.5 billion BEAD program will be required to participate in the Affordable Connectivity Program. The ACP, comprised of $14 billion set aside by the 2021 Infrastructure, Investment and Jobs Act, provides monthly internet subsidies of $30 for low-income households and $75 for residents of tribal lands and in high-cost areas. 

Federal Communications Commission Chairwoman Jessica Rosenworcel testified to the Senate on September 19 that the money is set to dry up as early as April 2024.

That could prevent people from being able to access the networks built with BEAD funds, said Angie Kronenberg, president of tech trade group INCOMPAS.

“That’s before the network has even been built,” she said of the estimated end date. “We really, really must have this issue addressed.”

A coalition of 45 members of Congress signed in August a letter to House and Senate leadership urging them to find money for the ACP in the appropriations bill that will fund the government for the next year. Congress is likely to miss the October 1 deadline for that bill and trigger a government shutdown.

The Universal Service Fund, which spends roughly $8 billion annually to fund four internet subsidy programs, also has an uncertain future. Lawmakers are looking to change its funding mechanism – currently a tax on voice providers – and conservative groups are challenging the fund in court.

Panelists said the USF subsidies, which help low-income households, healthcare providers, schools, and libraries, in addition to rural providers in expensive-to-serve areas, will be essential for ensuring consistent, long-term access to broadband infrastructure built with BEAD and other federal funds.

“Getting people onto the network is the goal here, it’s not just planting a flag or ‘mission accomplished’ banner for building the network,” said Mike Romano, executive vice president of the Rural Broadband Association.

Scott Woods, president of public-private partnerships at broadband grant company Ready.net, agreed that expanding networks is only part of the goal for the BEAD program.

“We could spend $200 trillion on infrastructure,” he said, “but if the people it’s designed to impact can’t afford it, it’s stranded assets.”

The discussion was moderated by David Bronston, special counsel at Phillips Lytle, LLP.

If you missed the BEAD Implementation Summit, sign up for Broadband Breakfast’s BEAD Starter Pack for $35/month (cancel anytime). You’ll get access to all the videos and each of the three Breakfast Club reports prepared for the BEAD Implementation Summit:

• July 2023 – A Deep Dive into Allocations Under the Broadband Equity, Access and Deployment Program
• August 2023 – Precursors to BEAD Implementation: A Deep Dive Into Prior Broadband Programs
• September 2023 – A Deep Dive into the BEAD Program’s Matching Funds

Already a Broadband Breakfast Club member? Watch the videos!

WASHINGTON, September 26, 2023 – Federal and state broadband grants can serve as catalysts for other sources of funding, experts said at the Broadband Breakfast BEAD Implementation Summit on Friday.

The $42.5 billion Broadband Equity, Access and Deployment program is providing an unprecedented amount in federal funds for expanding broadband infrastructure, but some states have estimated their allocations will fall short of the amount needed to get high-speed internet to all of their residents. 

For Steve Coran, an attorney at Lerman Senter and counsel for WISPA, the trade group for fixed wireless internet providers, previous funding programs – the Rural Digital Opportunity Fund, known as RDOF, and the Connect America Fund, or CAF – are a source of hope. The certainty of federal funds, he said, has helped many of his clients secure private investments to serve rural areas.

Using that certainty “to generate additional capital investment is, I think, an underappreciated aspect of the RDOF and CAF programs,” he said.

Willie Heflin, managing director of investment firm Kinetic Ventures, said his experience investing in smaller internet service providers confirmed this. He pointed to a provider who received $187 million over 10 years from RDOF and was able to raise an additional $240 million from equity investors, including Kinetic Ventures.

“They were able to really build a company and provide services for people who weren’t getting it before,” he said.

Federally subsidized projects can also spur network expansion by making it cheaper and easier for communities to connect to nearby infrastructure, filling some of the holes left by funding programs, said Brian Vo, chief investment officer at Connect Humanity.

The extent to which BEAD projects will be able to stimulate private investment will hinge on the availability of affordability funds like the Affordable Connectivity Program, according to Blair Levin, an analyst at New Street Research and former executive director of the Federal Communications Commission’s National Broadband Plan.

“The single biggest delta for the economic models that will drive deployment in rural areas is whether the ACP is funded,” he said. “If it is, that makes the economics a lot easier. And if it’s not, it makes them a lot harder.”

The $14 billion program, established with the 2021 Infrastructure, Investment and Jobs Act, provides monthly internet subsidies of $30 for low-income households and $75 for residents of Tribal lands. It is set to dry up as early as April 2024, with no clear path to refunding.

If you missed the BEAD Implementation Summit, sign up for Broadband Breakfast’s BEAD Starter Pack for $35/month (cancel anytime). You’ll get access to all the videos and each of the three Breakfast Club reports prepared for the BEAD Implementation Summit:

• July 2023 – A Deep Dive into Allocations Under the Broadband Equity, Access and Deployment Program
• August 2023 – Precursors to BEAD Implementation: A Deep Dive Into Prior Broadband Programs
• September 2023 – A Deep Dive into the BEAD Program’s Matching Funds

Already a Broadband Breakfast Club member? Watch the videos!

WASHINGTON, September 26, 2023 – Industry associations are praising a proposal from the Federal Communications Commission Thursday to review coverage areas based on updated commission maps so that the 5G Fund can reach more communities without the wireless technology.

Thursday’s vote proposes to help dictate the eligibility requirements for areas in need of support of the 5G Rural Fund for America.

The commission proposed adjusting the $9-billion budget allocated for the 5G Fund, the optimal methodology for consolidating eligible areas into smaller geographic regions for bidding, the feasibility to extend 5G Fund support to qualifying regions in Puerto Rico and the U.S. Virgin Islands, possibly mandating cybersecurity and supply chain risk management plans for 5G Fund recipients, and the possibility of whether the 5G Fund should be utilized to encourage the deployment of Open Radio Access Networks.

“What this means is that as we develop the 5G Fund and build the successor to our existing universal service program supporting wireless networks in rural America, known as the Mobility Fund, we will be able to incorporate this detailed picture of where service is and is not,” FCC Chairwoman Jessica Rosenworcel said. “We will be able to see gaps in coverage and ensure support actually reaches the communities that need it most.”

Meredith Attwell Baker, president and CEO of industry association CTIA, praised the commission’s decision “for recognizing the crucial role that mobile wireless services play in keeping Americans connected.”

“Implementing the 5G Fund and using the FCC’s new maps will help extend the benefits of advanced 5G services to more communities and consumers,” she said.

Tim Donovan, president and CEO of the Competitive Carriers Association, also praised the decision, saying the 5G Fund “has been a top priority for CCA, and we will continue to work with the Commission and our members to ensure the final rules preserve and expand mobile broadband access to every American.”

The commission also adopted Thursday new regulations to expedite space applications, the availability of spectrum resources for space launches, old rules to combat robocallers, and handed down over $100 million in fines.

FCC space and spectrum allocations

The FCC unanimously ratified the Expediting Initial Processing of Satellite and Earth State Applications Space Innovation, which is the adoption of new rules to expedite its processing of space and earth station applications.

It also unanimously ratified new rules ensuring that commercial space launches have the necessary spectrum resources for reliable communication. These adoptions will “promote safety, competition, innovation, and continued American leadership in the new Space Age,” the agency said. The new rules will also provide an allocation within the 2025 to 2110 MHz band for ground-to-launch vehicle telecommand which is needed for space launch operations, and make “the entire 2200 to 2290 MHz band available for launch telemetry.”

“I believe that the most important part of streamlining the FCC’s application processing procedures is ensuring swift and efficient FCC action—which will maintain U.S. leadership in the satellite communications service industry. It will also nurture the growth of the broader space sector, which includes new and innovative manufacturing processes, robotics, earth surveillance and exploration and other future innovations,” Commissioner Nathan Simington said.

Robocallers losing access to phone numbers

The FCC also voted in favor of adopting rules that would modernize the commission’s requirements on how Voice over Internet Protocol providers get direct access to telephone numbers.

The adoption sets in motion parameters to limit access to “phone numbers by perpetrators of illegal robocalls, protect national security and law enforcement, safeguard the nation’s finite numbering resources, reduce the opportunity for regulatory arbitrage, and further promote public safety.”

In line with the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act, the new rules will require applicants to submit additional disclosures and certifications in regard to their “ownership structures and compliance with the Commission’s rules and state law and takes targeted steps to address the concerns” that were raised in the rulemaking.

These rules consist of making robocall-related certifications that will help ensure compliance with the commission’s rules targeting illegal robocalls; to keep and disclose current information about ownership, including foreign ownership, that will alleviate the risk of providing violators abroad with access to U.S. numbering resources; guarantee their compliance with other commission rules that are applicable to interconnected VoIP providers including particular public safety and access stimulation rules, and requirements to submit timely FCC Forms 477 and 499 filings; and compliance with state laws and registration requirements that apply to businesses in each state where numbers are requested.

FCC fines Dorsher Enterprise $116 million

The FCC additionally adopted a $116,156,250 fine against the Dorsher Enterprise, a group consisting of Thomas Dorsher, ChariTel, OnTel, and ScammerBlaster.

The Commission’s investigation revealed that the group promoted themselves as a crusade fighting against scam robocalls at the same “illegally robocalling toll free numbers” and used credits from their scam “to fund telephony denial of service (TDoS) attacks on other entities.”

The parties in the group, which allegedly made nearly 10 million robocalls to generate toll free dialing fees, are jointly liable for the fine.

“Dorsher’s claim that he was actually trying to ‘shut down scammers’ is meritless in the face of these facts,” Commissioner Geoffrey Starks said. “As I have said repeatedly, there are numerous hurdles to finding these bad actors, and bringing them to account for violations of our rules. I am pleased to see another example of how, by working together, we can untangle these schemes and protect consumers.”