Broadband's Impact
Small Broadband Providers Urge FCC to Leave Them Out of Some Net Neutrality Rules
Trade groups argue their members are too small to engage in anti-competitive behavior.

WASHINGTON, October 16, 2023 – Small, rural, and fixed wireless broadband providers are pushing the Federal Communications Commission to distinguish between them and large internet carriers in proposed net neutrality rules.
The FCC announced last month a proposal to reinstate the rules, which were in place for two years before being repealed by a commission under Republican Ajit Pai in 2017. The move would classify broadband as a ‘common carrier’ service under the Communications Act of 1934.
That brings a host of more stringent regulations, akin to those governing telecommunications companies like voice providers. This includes restrictions on speeding up or slowing down internet traffic to favor certain websites.
Two trade groups – WISPA, which represents small and fixed wireless providers, and NTCA, which represents rural broadband providers – have each met with staff from all five FCC commissioners’ offices to voice concerns about those regulations.
Both groups say their members lack the “market power” to engage in the anti-competitive behavior that net neutrality rules are designed to prevent. They are too small, the groups argue, to negotiate with tech giants on fees for faster speeds to their sites.
NTCA highlighted what called “the far-fetched nature of any notion that small rural ISPs offering retail broadband service somehow possesses the market power to extract concessions” from internet companies or other network operators.
“If anything,” the association wrote in an October 12 filing with the FCC, “market power likely often resides on the other side of those interconnection points.”
The group urged the FCC to seek comment on where exactly the potential for market manipulation exists in the broadband ecosystem, and to target regulation accordingly.
WISPA highlighted the small size of its members. “The vast majority of WISPA’s members have 10 or fewer employees,” the group wrote in another October 12 filing.
That small size would make compliance requirements under net neutrality rules excessively burdensome, WISPA argued in the filing.
As it did in 2015, the commission would choose not to apply 27 of the most onerous common carrier regulations to broadband providers, FCC Chairwoman Jessica Rosenworcel said when announcing the new proposal.
WISPA pushed the commission to seek comment on leaving out other requirements that it said would be too burdensome for its members to comply with.
The FCC will vote on the proposal at its open meeting on Thursday. If approved, the measure will be put up for public comment.
Broadband's Impact
Missouri’s BEAD Initial Proposal, Volume Two
The state is unsure if any of its $1.7 billion allocation will be left over after funding new infrastructure.

Missouri released a draft volume two of its Broadband Equity, Access and Deployment initial proposal on November 15.
It was part of a wave of states and territories that began seeking public comment on their drafts in recent weeks. All 56 have now done so.
After a 30-day comment period, states and territories are required to submit their proposals to the National Telecommunications and Information Administration by December 27. The proposals come in two volumes: volume one details how states will ground-truth broadband coverage data, and volume two outlines states’ plans for administering grant programs with their BEAD funds.
The Missouri Broadband Office is “not yet able to determine” whether it will have any of its $1.7 billion in BEAD money left over after funding infrastructure projects.
The state is planning to administer two rounds of funding, something the state’s broadband director BJ Tanksley has flagged as being potentially difficult given BEAD’s one year timeframe for grant awards. The MBO said in the proposal a “sub-round” might be necessary if some undeserved and underserved areas receive no applications, and the state might seek an extension from the NTIA.
Missouri is looking to release multiple “advisory figures” for its high-cost threshold, the price at which fiber becomes expensive enough for the state to consider other technologies not favored by BEAD. Cost modeling data will be used for an initial figure before the first round of grant applications, and the number will be updated based on the applications the state receives in each round.
The state will also be using the NTIA’s updated financing guidance, which gives states more options to ensure the financial viability of a project. The new guidance makes room for performance bonds and reimbursement milestones, which tie up less money than the 25 percent letter of credit required by initial BEAD rules.
The agency made the change on November 1 after months of pushback from advocates and lawmakers, who warned small providers could be edged out by the letter of credit.
The public comment period for Missouri’s volume two is open until December 15.
Broadband Updates
Alabama’s BEAD Initial Proposal, Volumes One and Two
The state is asking for a waiver to open up RDOF areas to BEAD applications.

Alabama released a draft of its Broadband Equity, Access and Deployment initial proposal on November 14.
It was part of a wave of states and territories that began seeking public comment on their drafts in recent weeks. All 56 have now done so.
After a 30-day comment period, states and territories are required to submit their proposals to the National Telecommunications and Information Administration by December 27. The proposals come in two volumes: volume one details how states will ground-truth broadband coverage data, and volume two outlines states’ plans for administering grant programs with their BEAD funds.
Volume one
The state is planning to adopt the NTIA’s model challenge process to accept and adjudicate claims of incorrect broadband data. The Federal Communications Commission’s largely provider-reported coverage map was used to allocate BEAD money, but is not considered accurate enough to determine which specific locations lack broadband.
Local governments, nonprofits, and broadband providers are able to submit those challenges on behalf of consumers under the model process.
Alabama is also electing to use one of the NTIA’s optional modifications to the model process. The state’s broadband office will designate all homes and businesses receiving broadband from copper telephone lines as “underserved” – and thus eligible for BEAD-funded infrastructure. The move is an effort to replace older technology with the higher speed fiber-optic cable favored by the program.
The state will administer two optional challenge types the NTIA laid out: area and MDU challenges. States are not required to use these, but most are planning to do so.
An area challenge is initiated if six or more locations in a census block group challenge the same technology from the same provider with sufficient evidence. The provider is then required to show evidence they provide the reported service to every location in the census block group, or the entire area will be opened up to BEAD funds.
An MDU, or multiple dwelling unit, challenge is triggered when three units or 10 percent of the total units in an apartment building challenge a provider’s service. It again flips the burden of proof, requiring providers to prove they give the reported service for the entire building, not just units that submit challenges.
Alabama’s broadband office is requesting a waiver from the NTIA’s rule around enforceable commitments from other funding programs. The state wants areas set to get broadband from the FCC’s Rural Digital Opportunity Fund to be considered unserved for the purposes of BEAD.
That fund, the state argues, has a deployment deadline too far in the future – six to eight years to BEAD’s four years – and is too prone to defaults to be a reliable alternative to BEAD.
Volume two
Alabama does not expect to have any of its $1.4 billion BEAD allocation left over after funding broadband infrastructure.
The state is planning to award that money in a single round of grant applications, but may administer a second, according to its proposal.
Like most states, Alabama won’t be setting a high-cost threshold before looking over all BEAD grant applications. That’s the price point at which the state will look to non-fiber technologies to serve the most expensive, hardest to reach areas.
Alabama’s broadband office is seeking comment on using the NTIA’s updated financing guidance, but plans on implementing it.
That updated guidance allows options which tie up less capital, like performance bonds. BEAD rules initially required a 25 percent letter of credit, which advocates and lawmakers warned could prevent small providers from participating in the program.
The public comment period for Alabama’s initial proposal is open until December 14.
Broadband Mapping & Data
Connect20 Summit: Data-Driven Approach Needed for Digital Navigation
The NTIA’s Internet Use Survey doesn’t delve deeply enough into why people choose not to adopt broadband.

WASHINGTON, November 20, 2023 – Better data about broadband adoption is necessary to closing the digital divide in the U.S., a broadband expert said during a panel at the Connect20 Summit here.
Speaking on a panel about “The Power of Navigation Services,” the expert, Jessica Dine of the Information Technology and Innovation Foundation, said states lack comprehensive data on why some residents remain offline. This information is essential for digital navigator programs to succeed, she said.
She highlighted the need for standardized national metrics on digital literacy and inclusion, and said that federal surveys – including the Census Bureau’s American Community Survey – provide insights on barriers to technology adoption. But more granular data is required.
She also said that the National Telecommunications and Information Administration’s Internet Use Survey doesn’t delve deeply enough into why people choose not to adopt the internet. For instance, understanding the nuances behind the ‘not interested’ response category could unveil targeted intervention strategies.
In particular, Dine praised Louisiana and Delaware for surveying communities on their connectivity needs, including overlaying socio-economic indicators with broadband deployment data. But she said more work is required to quantify the precise challenges different populations face.
Other panelists at the session, including Michelle Thornton of the State University of New York at Oswego, emphasized the importance of tracking on-the-ground efforts by navigators themselves.
Bringing in her experience from the field of healthcare navigation, Thornton underscored the value of tracking navigator activities and outcomes. She suggested a collaborative model where state-level data collection is supplemented by detailed, community-level insights from digital navigators.
The panel was part of the Connect20 Summit held in Washington and organized by Network On, the National Digital Inclusion Alliance, and Broadband Breakfast.
The session was moderated by Comcast’s Kate Allison, executive director of research and digital equity at Comcast.
To stay involved with the Digital Navigator movement, sign up at the Connect20 Summit.
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