ACA Connects Pushes for Less Regulation, Faster BEAD Deployment

WASHINGTON, Jan. 31, 2025 – Regulatory rollbacks, streamlined permitting, and reducing the regulatory hurdles that have slowed deployment of the $42.5 billion Broadband Equity, Access, and Deployment program are the top priorities of ACA Connects with a new administration in power.

In an interview with Broadband Breakfast on the group’s priorities for 2025, officials with the trade group representing independent broadband, video and communications providers outlined the group’s concerns over broadband labels, and its support for deregulatory efforts that could reshape the industry. The group is led by CEO Grant Spellmeyer.

Senior Vice President of Legal and Regulatory Affairs Brian Hurley reaffirmed ACA Connects’ support for BEAD; however, he criticized the Biden administration’s implementation of the program, arguing that additional regulatory obligations, such as what he described as “rate regulation,” as well as labor requirements, have slowed progress.

“The program as it was implemented under the Biden administration had gotten off track, layering on additional obligations that are kind of unnecessary to achieve that mandate,” Hurley said. “The first priority is just getting out from under onerous regulation and continuing to foster an environment that promotes investment, especially for smaller companies.”

Welcoming a promised shift toward deregulation

ACA Connects anticipates a shift toward deregulation, which Hurley said he welcomed. He highlighted the Sixth Circuit Court of Appeals decision to strike down the Federal Communications Commission’s net neutrality order was a win for its members.

ACA was closely watching another key legal battle over the FCC’s digital discrimination rule, which was currently awaiting a decision from the Eighth Circuit. Hurley expressed optimism that the court would overturn the rule based on oral arguments, saying that the FCC had exceeded its statutory authority. He also noted that if the rule were struck down, ACA Connects would work with the FCC to craft a more workable framework.

“The regulatory regime that the FCC put in place just vastly exceeds what Congress intended,” he said. “The way the FCC framework put in place [a company would be] second guessing every business decision, which is just untenable, especially for a smaller company. So we want to work with the FCC to find a kind of a better path forward, definitely.”

ACA Connects also wants to streamline requirements for so-called broadband “nutrition” labels, particularly for smaller providers that lack extensive compliance departments. 

There could be ways to streamline the rules to reduce compliance burdens on smaller ISPs, Hurley said. Unless and until Congress repeals or amend the law, the FCC is obligated to maintain broadband labeling requirements.

Additional regulatory concerns included:

• All-In Pricing Rules: the FCC’s all-in pricing rules require broadband providers to display a single, upfront price inclusive of all mandatory fees. Hurley criticized these rules, suggesting they overreach the FCC’s authority.
• State-Level Rate Regulations: He cited New York’s law requiring $15 broadband plans as a policy that could deter investment, warning that similar proposals in Massachusetts and Connecticut could further disrupt the industry.
• Permitting Reform: ACA Connects supports Rep. Buddy Carter, R-Georgia, American Broadband Deployment Act, which aims to streamline rights-of-way approvals and reduce bureaucratic barriers to broadband deployment.
• Bulk Billing: Hurley also pointed to FCC Commissioner Brendan Carr’s decision to pull the bulk billing item from circulation, which ACA Connects had opposed alongside various other groups.