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Former FCC Commissioner O’Rielly Emphasizes ‘Unserved’ As Priority for Infrastructure Bill Funds

Whether infrastructure money should prioritize those with the lowest speeds has been a chief debate since the bill’s passage.

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WASHINGTON, March 15, 2022 – Setting the speed threshold too high for federal infrastructure funding will move money away from a focus on the unserved, said a former Federal Communications Commissioner.

Mike O’Rielly said on a Broadband Breakfast Live Online event late last month that the 100 Megabits per second download and 20 Mbps requirement for money from the Infrastructure, Investment and Jobs Act will see funding flow to better-connected areas, which cost less to update versus installing basic speeds in unserved areas. The argument is in-line with critics who say that speeds in some rougher and harder-to-reach areas require at least some connectivity at first, with gradual increases.

Under the IIJA, “unserved” Americans are those without access to the current 25 Mbps x 3 Mbps federal standard, while “underserved” are those without access to 100 Mbps x 20 Mbps.

O’Rielly was following up on an op-ed he wrote for Broadband Breakfast, which includes a concern that money from the infrastructure bill would go toward areas that are already adequately connected.

The former FCC commissioner made a similar argument nearly a year ago, when he said during a House Energy and Commerce Committee hearing that an initial proposal for 100/100 symmetrical speeds is “out-of-touch” definition of broadband. His chief complaint was that these speeds exceeded consumer needs and that federal dollars for these speeds would just go toward areas already adequately covered.

There has been much debate about how the bill should prioritize service to individuals without access to 25/3 Mbps internet speeds – the current federal standard – as the National Telecommunications and Information Administration is preparing to doll out $42.5 billion to the states for builds.

The policy debate has received input from officials as high ranking as a U.S. senator, with Republican Sen. Marsha Blackburn of Tennessee urging an initial focus on the unserved during a bipartisan panel of senators at the CES 2022 conference earlier this year. (Blackburn was the only senator on the panel to vote against the IIJA.)

What about “newbuilding”?

Opponents of O’Rielly’s view of prioritization feel both unserved and underserved populations should be targeted simultaneously, and that a lack of focus on the underserved operating with relatively slow internet speeds would represent a failure for the IIJA. Chip Pickering, the CEO of INCOMPAS, a trade association for telecom competition, made that argument when he said overbuilding isn’t a bad thing so long as those federal dollars are going toward new, better and faster networks.

Responding to O’Rielly’s position at last month’s BBLO event, Ben Bawtree-Jobson, CEO of open-access telecom SiFi Networks, said he is less focused on the unserved-underserved debate and more focused on public funds going to areas that private capital cannot reach.

Screenshot of Drew Clark, Mike O’Rielly and Ben Bawtree-Jobson

O’Rielly doubtful on new FCC map this summer

O’Rielly also stated that the foremost priority should be on the FCC getting an updated broadband map to allow the NTIA to proceed with dispensing the infrastructure bill funds.

And while Commerce Secretary Gina Raimondo said the new map could come this summer, O’Rielly said he thinks that timeline will “slip.”

Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. You can also PARTICIPATE in the current Broadband Breakfast Live Online event and REGISTER HERE.

Wednesday, February 23, 2022, 12 Noon ET — A Forum With Broadband Breakfast Expert Opinion Authors

Broadband Breakfast is a leading source of news and events focused on broadband policy and internet technology. We cover the Washington broadband scene, just as we are part of this community. One other important function we serve is as the host of the premier “Expert Opinion” forum on all things broadband. We publish Expert Opinion articles topics including broadband infrastructure, broadband’s impact, and the role of Big Tech companies. In this Broadband Breakfast Live Online session, Editor and Publisher Drew Clark will interview the authors of recent Expert Opinions on Broadband Breakfast

Panelists for this Broadband Breakfast Live Online session:

  • Michael O’Rielly, Former Federal Communications Commissioner, Principal, MPORielly Consulting, LLC
  • Ben Bawtree-Jobson, CEO, SiFi Networks
  • Drew Clark (moderator), Editor and Publisher, Broadband Breakfast

Panelist resources:

Drew Clark is the Editor and Publisher of BroadbandBreakfast.com and a nationally-respected telecommunications attorney. Drew brings experts and practitioners together to advance the benefits provided by broadband. Under the American Recovery and Reinvestment Act of 2009, he served as head of a State Broadband Initiative, the Partnership for a Connected Illinois. He is also the President of the Rural Telecommunications Congress.

Ben Bawtree-Jobson is CEO of SiFi Networks, which funds, builds and owns FiberCity networks. Internet Service Providers, 4G/5G carriers and other service providers wishing to deliver ubiquitous high-speed broadband services to business and residential properties in cities make use of FiberCity networks, which also offer connectivity for city-wide Internet of Things applications.

Michael O’Rielly served as a Commissioner at the Federal Communications Commission from 2013 through 2020.  He is currently President at MPORielly Consulting Inc., a Visiting Fellow at the Hudson Institute, and a Senior Fellow at the Media Institute.  Before joining the FCC, Mr. O’Rielly held a variety of leading staff positions during 20 years on Capitol Hill in both the U.S. Senate and House of Representatives, ending as Policy Advisor in the Office of the Senate Republican Whip.

WATCH HERE, or on YouTubeTwitter and Facebook.

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook

See a complete list of upcoming and past Broadband Breakfast Live Online events.

Reporter T.J. York received his degree in political science from the University of Southern California. He has experience working for elected officials and in campaign research. He is interested in the effects of politics in the tech sector.

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.

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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.

Wednesday, June 7, 2023 – Affordable Connectivity Fund (Special Town Hall Edition)

Since being created at the direction of the Infrastructure Investment and Jobs Act of 2021, the Affordable Connectivity Program has gained significant support across multiple sectors. Smaller internet service providers have said that the ACP provides critical funding for building out networks to rural communities, and digital equity advocates have frequently called the program a key part of closing the digital divide for low-income and minority communities. But the program’s success might contribute to its downfall—experts have warned that at the rate people are subscribing, the fund will soon run out of money. This special “town hall” event will address the Affordable Connectivity Fund and the strong desire from many in the broadband world to see it renewed.

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:

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.

WATCH HERE, or on YouTubeTwitter and Facebook.

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook.

See a complete list of upcoming and past Broadband Breakfast Live Online events.

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Funding

Rhode Island Seeks Community Input in Broadband Planning Ahead of Federal Funding

The state is focused on community partnerships as it waits for federal broadband funds later this month.

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Photo of Rhode Island Governor Daniel J. McKee, one of the speakers, taken from the governor's website

WASHINGTON, June 7, 2023 – Officials at a state broadband conference in Rhode Island last week said that community engagement is the state’s top priority ahead of the allocation of federal funds.

Under the $42.5-billion Broadband Equity, Access, and Deployment program, each state will receive at least $100 million to expand high-speed broadband access to all Americans. Additional allocations can be awarded based on the number of unserved locations in the area. The National Telecommunications and Information Administration will announce the exact amount of funds going to each state by June 30 based on the Federal Communications Commission’s broadband availability maps.

But while the accuracy of the maps has been a focus of many, including states preparing their own versions to challenge the FCC’s, Rhode Island officials said they are focused on other things right now.

Daniela Fairchild, a state commerce department official, highlighted “participatory planning” as the state’s top priority as it prepares for the funding allocation. The state would welcome public perspectives and work in conjunction with local stakeholders to “make real decisions” that meet the need of the community, she continued.

“The FCC maps are an essential data point to our planning process,” added Rhode Island’s Director of Broadband Strategy Brian Thorn. “But they are not the end-all be-all of state broadband planning.”

Rhode Island has launched a broadband initiative to facilitate engagement from residents for broadband implementation, officials said. Ongoing efforts include the publication of a broadband newsletter, statewide internet speed surveys, and in-depth focus groups.

New Shoreham, Rhode Island’s smallest town, also established its own publicly funded broadband infrastructure independent of federal planning.

Rhode Island, along with other states and territories, is required to submit to the NTIA a five-year broadband action plan.

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Funding

National League of Cities Announces Bootcamps to Support Applicants to Federal Infrastructure Programs

The program instructs applicants on best practices to write winning grant applications.

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Image by PeopleReady

WASHINGTON, June 1, 2023 – Advocacy group National League of Cities is sponsoring a nationwide program designed to advise cities and towns on how to access federal infrastructure funding. 

The Local Infrastructure Hub program is hosting a grant application bootcamp aimed at assisting small- and mid-sized cities and towns in their grant applications. The bootcamp series will begin in June and will focus on the programs funded through the $65 billion Infrastructure Investment and Jobs Act and the Inflation Reduction Act.  

The camp comes ahead of the National Telecommunications and Information Administration’s allocation by June 30 of the $42.5 billion from its Broadband Equity, Access and Deployment program.

The broadband opportunities bootcamp will introduce cities to the entire ecosystem of federal broadband opportunities and educate them on ways they can engage with the private sector, the NLC said. It will guide them through the process of applying to the Broadband Equity Access and Deployment program, it added. 

Participants will be guided through the process of creating an asset map for their community, executing a community engagement strategy, utilizing data to understand problems, aligning applications with broader federal priorities, and writing winning applications through provided templates.  

Mayors and municipal staff across a wide range of specialties are eligible to participate. Participants will have access to subject-matter experts and individualized coaching sessions. The program will connect applicants with their peers applying to the same programs, the NLC said. 

The free bootcamps will last 3 to 4 months and will require several hours of participation each week per team member. Many city leaders tout the program as being highly successful and influential in their grant application process.  

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