Last week we published a new case study report on four Native Nations (the Coeur d’Alene, the Nez Perce, the Fond du Lac Band of Ojibwe, and the St. Regis Mohawk) who set out to build their own broadband networks after being left behind for decades by Internet Service Providers (ISPs) in the region. At the same time, we launched a new resource documenting existing Native Nations Networks with some key resources for others in Indian Country considering their own.

Read more from report author H. Trostle in a recent article in High Country News about the goals of the study, the connectivity challenges for tribes, the importance of Spectrum Sovereignty in getting those communities connected, and the creativity and persistence it has taken to get these networks off the ground so that those communities have opportunities to live, learn, and work online. 

Two recent pieces from American Public Media’s Marketplace Tech add welcome additional emphasis on the importance of these issues. The first, published Monday, profiles the progress made in building a wireless network by the Confederated Salish and Kootenai Tribes on the Flathead Indian Reservation in Northwest Montana, bringing broadband to 1,300 square miles in the region, and one of the first success stories to come out in part as a result of the FCC’s 2.5 GHz Rural Tribal Priority Window last year. 

While the bulk of the Accessible, Affordable Internet for All (AAIA) Act proposes to invest $100 billion to expand broadband access in unserved and underserved parts of the country, the legislation also looks to build an essential bridge across the digital divide that goes beyond new infrastructure. An important part of the equation involves addressing laws and policies that have proven to be obstacles to Internet connectivity for tens of millions of Americans.

In our previous installments examining the AAIA, we covered the big-ticket items – the why, how and where the $100+ billion would be invested. This final installment in the series covers the last three major sections of the bill: Title IV – Community Broadband; Title V – Broadband Infrastructure Deployment; and Title VI – Repeal of Rule and Prohibition on Use of NPRM.

These last three sections of the AAIA do not call for any federal appropriations but instead aim to tackle several thorny policy challenges.

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Title IV – Community Broadband (Section 4001) of the bill is straight-forward. It would prohibit state governments from enforcing laws or regulations that prevent local governments, public-private partnerships, and cooperatives from delivering broadband service.

A host of cities and counties in Arkansas are about to get a major broadband boost thanks to local officials taking steps to act on a grant program deployed by the state last year. Borne out of the state’s 2020 1st Extraordinary Session at the end of March 2020 in response to the Covid 19 pandemic, the new Rural Broadband I.D. Expenses Trust Fund Grant Program will disburse $2 million in funds divided into 30 one-time grants of $75,000 each to towns, cities, and counties to tackle the digital divide in the Toothpick State. The program is financed via Arkansas’ Restricted Reserve Fund with money given to the state by the CARES Act, and is administered by the University of Arkansas for Medical Sciences (UAMS) Institute for Digital Health & Innovation. And while an array of projects have been awarded funds, money remains available and applications are being accepted on a rolling basis for those who have yet to take advantage.

A Win for Local Self-Reliance and Increasing Competition

The program is expressly designed to bridge the gap for communities that want to begin to improve local Internet access but are stymied by a necessary first step: paying for those economic, design, and feasibility analyses which require pulling together the wide range of options available in the context of local conditions. That’s where this program comes in, according to Rachel Ott, the UAMS Institute’s for Digital Health and Innovation Grant Director. Communities can use the work produced to apply for federal grants down the road, including the recently concluded Rural Digital Opportunity Fund (RDOF), the U.S. Department of Agriculture’s ReConnect Program, funds from the Agriculture Improvement Act of 2018, and any other forthcoming federal funding programs. 

If you have been following our series on the Accessible, Affordable Internet for All (AAIA) Act, you already know the proposed legislation calls for a $100 billion investment in expanding broadband access and affordability in unserved and underserved parts of the country. In this fourth installment of the series, we explore the part of the bill that contains the bulk of the funding. Of the $100 billion proposed in the bill, $85 billion of it can be found in the Title III - Broadband Access section.

Amending the Communications Act of 1934, Section 3101 of the bill appropriates $80 billion for “competitive bidding systems” to subsidize broadband infrastructure. That is to say, it requires the Federal Communications Commission (FCC), and states, to use “competitive bidding systems” for Internet Service Providers (ISPs) to bid on broadband deployment projects in “areas with service below 25/25 Megabits per second (Mbps), and areas with low-tier service, defined as areas with service between 25/25 and 100/100 Mbps.” The term “competitive bidding” seems to suggest a reverse auction process, though it hardly makes sense for each state to set up such a system given the logistical challenges. A legislative staffer responded to our email earlier this year saying he believed that language would allow for state programs that solicited applications from ISPs and scored them for evaluation, much like Minnesota’s Border-to-Border Broadband program operates. However, he noted that the FCC would interpret that language ultimately. More on this below. 

Prioritizing Higher Upload Speeds

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Without good information from Internet Service Providers (ISPs), the federal government is essentially shooting in the dark when it comes to determining how to best target the allocation of resources for underserved and unserved communities. Even private sector investments are less efficient because of the lack of good data about broadband availability and pricing. That’s why the second major section of the Accessible, Affordable Internet for All Act (AAIA), currently languishing in the U.S. Senate, aims to address the nebulous nature of broadband data at the Federal Communications Commission (FCC).

In this third installment of our series on the AAIA, we explore the ”Title II – Broadband Transparency” section of the Act, which requires the FCC to adopt rules to gather accurate and up-to-date information from ISPs about broadband service plan prices and subscription rates. It also requires the FCC to collect data that will allow the federal government to assess the resiliency of the nation’s broadband network in the event of a natural disaster or emergency.

Better Data is Needed

Anyone who closely follows FCC news is already familiar with the problems associated with the agency’s broadband coverage maps, which most experts agree overstate actual broadband coverage. Though recent studies indicate there may be as many as 41 million people who lack access to fixed broadband in the United States that meets minimum speed of 25/3 Megabits per second (Mbps), the FCC claims that number is closer to 18 million. It’s a big discrepancy with big dollar implications, as the coverage maps are the basis upon which agencies and states make major funding decisions.

The FCC's Rural Digital Opportunity Fund results are a puzzle. RDOF was the recent auction for large swaths of rural areas of the U.S. that have no broadband access, in large part because they were the territories of big companies like AT&T, CenturyLink (now rebranding as Lumen in hopes of improving its dismal image among its subscribers), Frontier, Windstream, and others. Up to $16 billion was at stake though the auction will actually disperse some $9+ billion dollars because many areas were bid well below what was expected. 

Please understand that this post is the best I can do right now - this is confusing and we are sorting our way through it. Please let me know if you can help us understand it. See our past coverage for more information.

The auction resulted in far more gigabit - 85% of locations I believe - than anyone expected, at far lower subsidy than expected. However, there is a lot of frustration and confusion because it is not clear that some of the top bidders can deliver. NTCA - The Rural Broadband Association - shared my original enthusiasm for RDOF and our concerns - best articulated over the years by Jon Chambers from Conexon - that the FCC was going to blow this auction by not ensuring those who bid had the capacity to deliver on the promised level of service. Shirley Bloomfield, CEO of NTCA, wrote this and recently tweeted on this:

Not feeling quite as bullish about this final outcome for RDOF #1 and worry that it will take years to show that rural America is still waiting for #broadband and resources needed will be gone. Hoping @FCC has a robust back-end review so the process won’t fail Americans again.

The failure of policy and leadership at the federal level in addressing the digital divide was ever more clearly exposed as Covid-19 restrictions were put into place last spring. And, as the pandemic continues to rage, daunting connectivity challenges remain. 

Yes, the Connect America Fund (CAF) II program has doled out over $11 billion since 2015 in subsidies to the big telcos like AT&T, CenturyLink, Frontier, Windstream, and Consolidated ostensibly to upgrade rural broadband to speeds of at least 10/1 Megabits per second (Mbps). But, as Doug Dawson, president of CCG Consulting notes, it’s been a massive subsidy failure given that “even in 2015, it was ludicrous to spend money to build 10/1 Mbps broadband” – the same year the FCC defined broadband as 25/3 Mbps, which means “the FCC was investing in new Internet infrastructure in 2015 that didn’t qualify as broadband at the time of the award of funding.”

And there is reason to doubt that those subsidized upgrades were even completed, even as the FCC just extended the CAF II program for a seventh year.

So as states — and in many instances, local municipalities — step into the breach, the National Governors Association has released a new report that outlines a list of strategies governors can use to increase broadband access in underserved communities. 

Published just before Thanksgiving, the report first lays out the challenge:

According to the FCC, in 2018, at least 18.3 million people lacked access to fixed broadband in the United States that meets minimum [I]nternet access speed of 25/3. 1 Of those 18.3 million people, representing 6 percent of the total population, 14 million live in rural areas and 1 million live on Tribal lands, which amounts to 22 percent and 28 percent of those respective geographic populations [even as] studies have claimed that the FCC data is undercounting the number of people in the U.S. without fixed broadband access, and that the total may be as high as 42 million people.

On Episode 3 of Connect This!, Christopher is joined by Angela Siefer, Executive Director of the National Digital Inclusion Alliance, Deb Socia, President of The Enterprise Center in Chattanooga, Tennessee, and Travis Carter, CEO of US Internet. 

Tune is to hear them talk about solving the broadband gap and all of the obstacles it presents, from digital literacy training, to redlining, to funding programs. Along the way they also talk about how the federal government has failed to connect people over the last nine months and whether they're optimistic about a Biden administration and the future of broadband.

Mentioned during the course of the episode: An episode of the Community Broadband Bits Podcast with Deb Socia and Geoff Millener about digital inclusion in Chattanooga during the early months of the pandemic, and a white paper about tier flattening by Verizon and AT&T which forces users to pay high costs for decaying broadband infrastructure.

Subscribe to the show using this feed. 

Watch the episode below.