Broadband providers are applauding the Biden administration’s guidance on implementing its multibillion-dollar broadband subsidies to states, guidance those ISPs said will make it easier to build out the universal high-speed broadband that is the administration’s end-of-the-decade goal.

The National Telecommunications & Information Administration, which is administering the $42.45 billion Broadband Equity, Access and Deployment (BEAD) Program subsidies to states, on Tuesday (December 27) issued guidance on how that money should be handed out. The guidance essentially lines up with the Treasury Department’s guidance on broadband subsidies connected to COVID-19 recovery and capital projects.

NTIA had sought comment on the proposed new guidance. NCTA–The Internet and Television Association, the group representing big cable providers, had warned that not providing added flexibility could discourage participation in the program. It pointed out that what it called the “onerous” rules for the administration’s BTOP broadband grant program had discouraged “experienced“ and “more established and qualified” ISPs, as contrasted with the 60% of the awards that went to government or not-for-profit entities.

The NTIA clearly heard those comments.

For one thing, NTIA said the period over which ISPs will still be bound by the terms and conditions of grants — the so-called Federal Interest Period — will be shortened from 20 to 10 years. Cable broadband operators represented by NCTA, among others, had asked for a shorter compliance period.

Also Read: Republicans Slam Broadband Subsidy Program

NCTA had argued that the 20-year compliance period would “negatively impact an ISP’s ability to obtain financing for future broadband projects and thus impair their ability to participate in future BEAD bids.” ACA Connects, representing smaller, independent cable operators, had also sought an eight-year period.

Also music to ISPs’ ears is that they will be able to use income from BEAD-funded programs without restrictions and states won’t have to track where that income goes. ISPs can also upgrade BEAD-funded plant without getting NTIA's permission first.

ACA Connects president and CEO Grant Spellmeyer called the NTIA guidance a “significant step forward in implementing the BEAD program.” He said the “exemptions and modifications” to the BEAD requirements will “encourage participation by ACA Connects members and other broadband providers, leading to more cost-effective deployments.”

Telco broadband providers were also pleased.

“Getting the details right matters and today’s action by NTIA is a positive step towards streamlining the broadband deployment process for providers and consumers alike,” USTelecom CEO Jonathan Spalter said. “Waiving burdensome requirements will help encourage participation in the BEAD program and ensure more efficient utilization of federal funds. Also, NTIA’s commitment to align with Treasury’s approach on this issue will help ensure the overall success of BEAD.”

House Republicans are taking the Biden administration to task for what they allege is allowing states to regulate broadband rates as part of the implementation of the Infrastructure Investment and Jobs Act (IIJA), even though that law “explicitly prohibits” such rate regulations.

House Energy and Commerce Committee chair Cathy McMorris Rodgers (R-Wash.) and Communications Subcommittee chair Bob Latta (R-Ohio) were joined by 14 other committee Republicans in a letter to Alan Davidson, head of the National Telecommunications & Information Administration, which is the lead agency implementing the multibillion-dollar IIJA’s broadband subsidies to state via the administration’s Broadband Equity, Access and Deployment (BEAD) program.

The Republicans pointed to Davidson’s testimony at a December 5 NTIA oversight hearing in the House Communications Subcommittee, at which they said Davidson “repeatedly suggested” NTIA would allow state rate regulation.

“Throughout the hearing, you provided troubling answers that suggested that the NTIA would permit rate regulation by States participating in the Broadband, Equity, Access, and Deployment (BEAD) Program,” they told Davidson, according to a copy of the letter supplied to Multichannel News. “These answers are concerning as they suggest that the NTIA is administering this program in violation of the law.”

Republicans have long been concerned that the BEAD program was straying beyond simply subsidizing broadband where it was not available and into definitions of availability that included price, speed, quality, neutrality and equity.

Also Read: Republicans Slam Biden Broadband Subsidy Program as Misguided, Wasteful

“The Infrastructure Investment and Jobs Act (IIJA), which created the BEAD Program, explicitly prohibits the Assistant Secretary of Commerce for Communications and Information and the NTIA from ‘regulat[ing] the rates charged for broadband service,’ ” the letter reads. “During Senate floor debate on this legislation, members of Congress agreed that this language meant that ‘no rate regulation of broadband services would be authorized or permitted by NTIA or the Assistant Secretary who leads NTIA as part of the state broadband grant program.’ ”

The letter cited the fact that California’s broadband buildout plan using BEAD funds puts a thumb on the scale for applicants who agree to make “clear and unambiguous commitment to offer a symmetrical 1 Gbps service at $50 per month to BEAD-funded locations through Priority Broadband Projects, or 100/20 Mbps at $30 per month” for other projects."

They also pointed to NTIA’s approval of Louisiana’s BEAD plan, which they said “sets rates for certain broadband plans.”

The legislators said that there appeared to be some confusion about what constituted rate regulation. If so, they wanted to clear it up for Davidson. “We define rate regulation as regulating the rate of broadband services in any way, including setting a rate, freezing rates or placing a cap on rates,” they said.

The Biden administration has released a long-awaited National Spectrum Strategy, but one lacking the specifics sought by some industry players.

That strategy, released Monday (November 13) by the National Telecommunications and Information Administration, rests on the following four “pillars”: 1) a spectrum pipeline to feed advanced and emerging tech; 2) collaborative, long-term planning for evolving spectrum needs; 3) “unprecedented and innovative access to spectrum, including dynamic sharing and spectrum management;” and 4) greater spectrum expertise and national awareness of the importance of spectrum.

While the administration was getting credit for having a plan and for including both licensed and unlicensed spectrum, some critics were disappointed the strategy did not include specifics on which spectrum would be getting that “unprecedented and innovative access.”

The strategy essentially reaffirms existing spectrum policies while setting out a process for, well, setting out a process.  

“Simply put, the United States needs a better and more consistent process for bringing the public and private sectors together to work through the difficult issues surrounding access to spectrum, including dynamic forms of spectrum sharing,” the strategy asserted. “The U.S. Government will build upon existing constructs to enable consistent, robust and transparent engagement among stakeholders and will publish an implementation plan with details about responsible parties and timelines to achieve specific outcomes associated with each strategic objective identified herein. This will help to address spectrum challenges facing the Nation, including charting a path to satisfy current and future spectrum access requirements.”

Republican FCC commissioner Brendan Carr was not happy with the lack of specifics.

“Bold and immediate action on spectrum is vital,” Carr said in a statement. “So how much spectrum does the Biden administration’s spectrum plan commit to providing? Zero. After nearly three years of study, the Biden administration does not commit to freeing up even a single MHz of spectrum. Instead, they are announcing that they will continue studying the issue for years to come.”

NCTA: The Internet & Television Association applauded the inclusion of unlicensed spectrum and sharing, but was not so happy with the plan to further study of the lower 3-GHz band. It said that could “threaten and delay the adoption of viable spectrum sharing approaches that will advance innovation and competition for consumers.”

NCTA, whose members have built some of the nation's largest WiFi networks, have called on the FCC to work with the NTIA to free up spectrum in the lower GHz bands for unlicensed and shared use. Finding more spectrum is critical to the growth of the Internet of Things, NCTA said, having pointed out that millions of IoT devices attach to its members’ networks, in many cases through WiFi services and equipment supplied by those members.

Michael Calabrese of the Open Technology Institute of America's Wireless Future Project conceded the plan is a high-level view without any specific decisions about specific bands, but was pleased to see collaboration as part of the blueprint. 

“The administration’s strategy clearly recognizes that coordinated spectrum sharing will need to play a leading role in shaping a balanced approach that makes far more unlicensed, exclusively licensed and coordinated shared spectrum access available to meet an increasingly wide variety of innovative local enterprise and public-sector use cases,” he said.

Calling a healthy spectrum pipeline critical to the future of U.S. connectivity, ACA Connects president and CEO Grant Spellmeyer said his group representing smaller, independent cable MSOs looked forward to advancing the spectrum conversation with the NTIA, the White House and other stakeholders. 

“Meeting the ever-growing demands for wireless spectrum will require us to use every tool in the toolbox — including exclusive use, unlicensed use and sharing,” Spellmeyer said. “It also will require government users to use spectrum efficiently and make spectrum available for commercial use.”

The Biden administration has told the FCC it should adopt a broad definition of digital discrimination, including in pricing, as it comes up with rules for handing out tens of billions of dollars in broadband buildout subsidies intended to achieve unversal deployment by decade's end.

In comments to the Federal Communications Commission on its drafting of rules to implement the Infrastructure Investment and Jobs Act, the National Telecommunications & Information Administration said that the FCC needs to come up with strong anti-digital discrimination rules for internet service providers that target both disparate treatment and disparate impact.

That means rules against both intentional and unintentional discriminiation.

Also Read: White House Promotes Democratizing Impact of Broadband Investment

The FCC has asked whether it should define digital discrimination in terms of disparate treatment or impact, or both. ISPs have said that unintentional impacts should not be part of the definition. The NTIA, the administration’s chief telecommunications adviser, disagrees.

ISPs have argued that a definition that included impacts would divert needed investment in maintaining and improving their networks, but the NTIA said those claims should be “resisted.”

“While disparities in service could result from intentional discriminatory treatment based on the statute’s protected characteristics — which should certainly be prohibited — they may more commonly result from business decisions and institutional behaviors that were set in motion without any discriminatory intent," the NTIA wrote.

Citing the American Civil Liberties Union, the NTIA said “private-sector broadband providers’ otherwise legitimate profit-seeking behavior can result in disparate impacts.” A longstanding complaint against those profit-seeking behaviors is that they result in the redlining of less-profitable areas, often those with minority populations.

The bottom line, NTIA said, is that the goal of Congress is “identifying and remedying unequal access to broadband service, whatever its causes may be.”

Given that, the administration said, a host of things should be subject to digital discrimination rules, including quality of service — speed, latency, reliability — terms of service, promotional conditions and pricing.

“The Benton Institute for Broadband & Society shares NTIA’s belief that robust rules that can address the disparate impact of broadband deployment and service offerings will serve the needs of all Americans,” Benton Institute for Broadband & Society senior counselor Andrew Jay Schwartzman said. “Broad, nondiscriminatory access to the internet brings more customers to businesses, reduces the cost of government services for all taxpayers, and promotes stronger social bonds by enabling friends and family to remain in touch with loved ones.”

One FCC member not inclined to take the NTIA’s advice is Republican commissioner Brendan Carr.

“The Biden Administration’s broadband policies are failing,” Carr said. “The costs for building out Internet infrastructure in this country have skyrocketed thanks to inflationary policies under their watch. The FCC is sitting on spectrum that could connect millions of Americans to new, high-speed services. The Administration has needlessly blocked and delayed new broadband infrastructure builds. Fiber and cell site components are laying fallow in warehouses across the country due to the government’s failure to remove regulatory red tape. Permitting reform has gone nowhere. They are preparing to waste billions of taxpayer dollars by spending it without a national coordinating strategy. The list goes on.

“Now, the Biden administration has announced that it will blame the private sector for the outcomes of these failed government policies,” he added. “Instead, the administration should reverse course and unleash America’s private sector to build, connect and invest.”

The Biden administration has figured out where it will be allocating $42.45 billion in Broadband Equity, Access and Deployment (BEAD) program subsidy money among the states and territories.

Legislators were already touting their states’ shares even as the funding allocation was being announced.

Congress provided $65 billion in the Infrastructure Investment and Jobs Act (IIJA) for broadband infrastructure. The National Technology and Information Administration (NTIA) is overseeing $48.2 billion of that, mostly going to states via the BEAD program. No state got less than $100 million and over a third--`19-got over a billion dollars.

The Biden Administration has suggested it favors fiber over wireless for the money, but is allowing for technology flexibility so long as it meets baseline high-speed and quality standards.

President Joe Biden has made universal high-speed broadband access by 2030 a priority of his administration.

The Adminisration appeared confident that the funding was all that it would take to reach its goal. "With these allocations and other Biden administration investments, all 50 states, DC, and the territories now have the resources to connect every resident and small business to reliable, affordable high-speed internet by 2030," the White house said in a statement.

The money is being allocated with the aid of the FCC’s updated Broadband Availability Map.

Texas topped NTIA’s list of available subsidy money with $3.17 billion, followed by California with $1.86 billion and Missouri with $1.736 billion.

The funding will initially go to deploy and upgrade broadband networks, then of there is any left over it can go to access, adoption or equity-related issues.

Also Read: White House Issues State Guide to Broadband Billions

States will get formal notice of their allocations on June 30, but the White House wasn’t waiting to spread the good news.

Now that the money has been allocated, the broadband subsidy gold rush — in other words, formal proposals from eligible broadband providers — can be submitted beginning July 1.

“From the Berkshires to the Cape, this federal funding will help Massachusetts’s unserved and underserved households stay connected with loved ones, apply for jobs, and access health care and other online resources,”  Sen. Ed Markey (D-Mass.) said of his state’s $147 billion.

“Today’s digital era has made clear that an internet connection is a necessity for New Mexico families," said Sen. Ben Ray Lujan (D-N.M.). "It’s needed in order for students to complete their studies, for families to access work and telehealth services, and for small businesses to get ahead,” said Luján. “That’s why I’m proud to work alongside NTIA to deliver this pivotal investment of $675 million to help deliver a reliable internet connection to families across New Mexico."

“With today’s funding allocations, the Biden Administration has taken another major step in bringing high-performance broadband to all Americans,” said Grant Spellmeyer, president and CEO of ACA Connects, which represents smaller independent cable operators. “The ball is now in the States, and ACA Connects members — who already offer wireline broadband service to millions of households, including in rural communities — are eager to work with them to fulfill the promise of the BEAD program.”

Also Read: FCC's New Broadband Map Still Work in Progress

Zachary Cikanek, executive director of Connect the Future, whose members include cable operator Charter Communications and wireless internet service providers, said: “Significant private and public investments in broadband, including the $42.45 billion BEAD program dedicated to expanding connectivity, represent a once-in-a-generation opportunity to connect every unserved American to reliable, high-speed internet. Now we have to make certain those funds are put to use effectively to bridge our nation’s digital divide. That means eliminating the obstacles that stand in the way of swift, efficient deployment, such as pole access issues, so that critical broadband deployment funding is not stranded.”

"Important details remain, however, which require ironing out for BEAD to quickly and efficiently realize its goals," said David Zumwalt, President of WISPA – Broadband Without Boundaries. "All solutions should be on the table.  Pernicious and wasteful overbuilding must be strenuously avoided.  Access to the state grant process should work to truly invite small players so more answers can be brought to bear on this national challenge.  Clarifying these and other matters will improve the program for all involved, especially those who lack broadband.   

“CCA congratulates the Biden Administration for allocating BEAD funding ahead of schedule,” said Competitive Carriers Association president and CEO Tim Donovan. "As more detailed planning for BEAD projects moves forward, all technologies — including wireless solutions — will be needed to successfully complete efforts to close the digital divide.”

“Today’s state allocation announcement is an important step in our work to close the digital divide. Especially now that these resources have been allocated, we need to make sure that the funds are used to connect every American,” House Energy and Commerce Committee chair Cathy McMorris Rodgers (R-Wash.) and Communications Subcommittee Chair Bob Latta (R-Ohio) said. “Energy and Commerce will continue our oversight to make sure National Telecommunications and Information Administration (NTIA) is carrying out its responsibilities according to congressional intent, which includes making those investments in a technology-neutral way that avoids overbuilding and other wasteful spending. That is how we make sure every unserved American has access to affordable, reliable broadband services.”

“Today’s announcement is history in the making," said House E&C ranking member Frank Pallone Jr. (D-N.J.). “Reliable, high-speed internet is not a luxury ± it’s a necessity. Americans depend on internet access to do their jobs, run their small businesses, complete schoolwork, and connect with family and friends. That’s why we delivered for the American people with the Bipartisan Infrastructure Law, which included a $42.45 billion investment in broadband buildout, and I am pleased the Biden administration has announced the funding allocations for the states and territories. 

“And with the FCC releasing the new National Broadband Map last month, we are well prepared to ensure these unprecedented high-speed internet investments will reach unserved and underserved communities nationwide that have been left behind for too long,” Pallone said. 

he Biden administration is looking to potentially regulate artificial intelligence (AI) and algorithmic processes.

On Tuesday (April 11), the National Telecommunications & Information Administration (NTIA), the White House’s chief communications policy advisory arm, put out a request for comment on just how that might come about.

“While people are already realizing the benefits of AI, there are a growing number of incidents where AI and algorithmic systems have led to harmful outcomes,” the NTIA said in issuing the request for public comment. The agency is also looking to head off potential problems, adding, “There is also growing concern about potential risks to individuals and society that may not yet have manifested, but which could result from increasingly powerful systems.”

Among the government policies NTIA wants input on are “how can regulators and other actors incentivize and support credible assurance of AI systems along with other forms of accountability?” and “what different approaches might be needed in different industry sectors?”

Assistant Commerce Secretary Alan Davidson, administrator of the NTIA, said the “enormous benefits” of AI would only be realized if the government addresses potential harms through “AI audits, risk and safety assessments, certifications and other tools” that foster trust in those powerful systems.  

Comments to NTIA will be due 60 days after publication of the notice in the Federal Register, which usually takes a couple of weeks.

The online ad community has been the target of Washington concern over the potential for algorithmic discrimination.

In October 2022, the White House, calling it part of the president’s effort to “hold Big Tech accountable” issued a blueprint for an AI Bill of Rights for applying equity and “ethical forethought” to the design of algorithms in the face of what it called the threat from unchecked automated systems.

The NTIA’s signal that some government oversight of AI and Algorithms could be coming should be no big surprise.

In unveiling that bill of rights, the NTIA made it clear it saw a big problem that needed fixing.
“Algorithms used across many sectors are plagued by bias and discrimination,” the White House said at the time, “and too often developed without regard to their real-world consequences and without the input of the people who will have to live with their results.”

The Federal Trade Commission has also been “exploring rules to curb commercial surveillance, algorithmic discrimination, and lax data security practices that could violate Section 5 of the FTC Act,” the White House said at the time.

Tech policy think tank the Center for Data Innovation, urged regulatory caution.

"The growing chorus raising the alarm about AI systems threatens to lure the Biden administration into embracing rules that steer away from the United States’ historically innovation-friendly approach to the digital economy," said Hodan Omaar, senior policy analyst at the center. "Deviating from this path poses a serious risk to U.S. innovation and competitiveness."

President Joe Biden's principal telecom adviser has launched an inquiry into the impact of data collection, storage and use on the civil rights of marginalized communities.

As part of that inquiry, the National Telecommunications and Information Administration (NTIA) on Wednesday (January 18) asked for public comment on how “the ways in which firms collect, share and use data” — including for targeted online advertising — “can exacerbate existing structural inequities.”

Those ways can include online job ads that target some groups but ignore others, the NTIA said in its Privacy, Equity, and Civil Rights Request for Comment, as well as the inequitable impact of data breaches on low-income communities and apps that could make users more subject to discrimination (for example, an LGBTQ dating app that reveals details about someone's movements).

The comments will inform a report on whether and how such data practices can negatively affect marginalized communities and how existing civil rights or privacy laws can be used to address those harms and what new privacy protection proposals could be adopted.

The inquiry follows Biden’s op-ed in The Wall Street Journal calling for “robust federal protections for Americans’ privacy” and an end to “discriminatory algorithmic decision-making," NTIA said.

“Everyone in America deserves strong privacy protections,” NTIA administrator Alan Davidson said in announcing the inquiry. “This is especially important for marginalized communities, where the consequences of privacy invasions can be more starkly felt. Data collection and sharing creates the risk of new digital discrimination replicating previous forms of profiling, redlining and exclusion.” ▪️

With Kevin McCarthy finally getting enough votes to be elected speaker of the House and that body cleared for the takeoff of Republican committee leadership, look for that leadership to launch FCC and NTIA oversight hearings. Of particular interest is the Biden administration's mechanisms for handing out tens of billions of government — meaning taxpayer — dollars in broadband subsidies.

That oversight could come on at least two fronts — the House Committee on Oversight and Accountability (formerly Oversight and Reform) and the House Energy & Commerce Committee, which has principal jurisdiction over communications issues. 

The Commerce Department's National Telecommunications & Information Administration (NTIA) is overseeing the distribution of most of the subsidy money, but the Federal Communications Commission also has billions of dollars through both historic and new subsidy programs.

On January 7, in a speech to CES 2023 in Las Vegas, NTIA chief Alan Davidson talked up the billions in subsidy money being teed up for this year, saying approximately $65 billion would be an investment in a “simple but ambitious’ goal: “[T]o connect everyone in America to affordable, reliable, high-speed Internet service.”

Also: McMorris Rodgers Warns FCC to Stay in Regulatory Lane

But Republicans also have a goal: to make sure that money goes to connecting the unconnected, rather than overbuilding existing service, and without waste, fraud and abuse.

Speaking on CNN, Rep. James Comer (R-Ky.), the incoming chairman of the House Committee on Oversight and Accountability, said government spending programs had gone without sufficient congressional oversight under Democratic control and signaled that would change.

Back in October, House E&C chair Cathy McMorris Rodgers sent a letter to FCC chair Jessica Rosenworcel warning her of what could happen if the Republicans took control of House chairmanships.

“As the committee of jurisdiction overseeing the FCC, I assure you the committee and its members will exercise our robust investigative and legislative powers to not only forcefully reassert our Article I responsibilities but to ensure the FCC under Democrat leadership does not continue to exceed Congressional authorizations,” McMorris Rogers wrote. 

And while Republicans don't control the Senate, Sen. John Thune (R-S.D.) last month wrote Commerce Department inspector general Peggy Gustafson, saying she had failed to do congressionally mandated oversight of past broadband funds. 

Specifically, he said that Commerce had failed to produce the requisite IG reports on the $1.5 billion NTIA has handed out through its Tribal Broadband Connectivity Program (TBCP).

Davidson said over the weekend that 2023 would see another $1 billion going to that Tribal program. ■

The Biden administration is telling the Federal Trade Commission that while potential privacy legislation is good, it is no reason not to aggressively pursue regulations, including “abandoning” the notice and choice approach to Big Tech’s use of consumer data.

That came in the National Telecommunications & Information Administration’s comments to the FTC in its ongoing privacy regulation rulemaking proceeding.

FTC chair Lina Khan — who, unlike the FCC, has a Democratic majority to work with — has made it clear she thinks Big Tech’s privacy practices need more government oversight.

“The significant presence of potential federal legislation in consumer privacy reform discussions does not obviate the importance of the FTC’s efforts to adopt strong, comprehensive rules governing commercial surveillance and data security,” NTIA told the commission.

“The complexities and pace of today’s digital world long ago outpaced what notice and transparency can accomplish as a predominant focus of privacy policy, and they cannot be the primary bulwark against invasive or unfair data practices,” the agency said.

As part of that shift in approach, NTIA said, the FTC should also shift the burden on mitigating privacy risks from individuals to businesses. One way to achieve that would be to adopt tough new limits on the purposes data can be used for.

NTIA also said the FTC needs to require companies to minimize the data they collect and restrict them from gathering data for one purpose and using it for another — like for targeted ads, to better protect children — and consider restricting facial recognition technologies. ▪️

The National Telecommunications & Information Administration says it has applications for over $5 billion in grants for its Enabling Middle Mile Broadband Infrastructure Program. Problem is, it only has $1 billion to hand out, so NTIA will have to cull the herd, as it were.

It has also moved the middle mile application deadline for areas affected by Hurricane Ian.

Middle mile is the plant that connects major broadband networks to local ones.

NTIA said Tuesday that it has gotten 245 applications totaling $5.5 billion in funding requests for projects that "connect high-speed internet networks to each other and reduce the cost of bringing internet service to communities that lack it."

NTIA chief Alan Davidson called middle mile plant the internet's "connective tissue," and NTIA's program a "force multiplier" for that connectivity. "The volume of applications we received demonstrates the high demand for increasing middle mile capacity throughout the country,” he said. It also suggests NTIA will need more money to connect all that tissue.

Applications were due Sept. 30 and will be reviewed on a rolling basis and start handing out the money no later than March of 2023.

NTIA said that it would move the Sept. 30 application deadline to Nov. 30 for projects that would deploy to Puerto Rico and parts of Florida, South Carolina (all impacted by Hurricane Ian), and parts of Alaska. ▪️

A pair of Congressional Republican leaders has asked the Biden administration's chief telecom policy adviser to streamline the permitting process for some of the broadband buildouts being subsidized with billions of taxpayer dollars.

That request came in a letter to Alan Davidson, head of the National Telecommunications & Information Administration, from House Energy & Commerce ranking member Cathy McMorris Rodgers (R-Wash.) and Senate Commerce ranking member Roger Wicker (R-Miss.).

The NTIA is overseeing the allocation of most of the $65 billion in broadband subsidy money through the Biden-led infrastructure act, most of that outlay going to states to fund their broadband projects.

Also: White House Isssues State Guide to Broadband Billions

Rogers and McMorris were particularly focused on the Broadband Equity, Access, and Deployment (BEAD) program, which comprises more than $42 billion to states.

“With inflation already raising costs, we cannot afford to waste time and resources on needless bureaucracy when we should be building networks,” they wrote. “Without action, we worry that deployments will take longer and be more expensive, leaving more Americans on the wrong side of the digital divide.”  

They want the states to work with local governments to reduce buildout barriers by reducing red tape, promoting the use of existing infrastructure — rather than, say, on new municipal overbuilds — and promoting dig-once policies and “cost-effective” access to poles, conduits, easements and rights of way.

But they want it to go beyond encouragement. They said states should be required to adopt such streamlining policies as a condition of getting their share of the billions in subsidies, and have a high bar when justifying when streamlining is not appropriate. ▪️

A group of Democratic legislators have introduced a bill to create a nonprofit to help the government and its various broadband subsidy programs close the digital divide.

The goal of the Digital Equity Foundation Act is to close the equity, inclusion and literacy gaps that stand between current broadband use and the Biden administration’s goal of universal broadband deployment.

The bill would create a nonprofit foundation to “leverage public and private investments.”

The public investments include tens of billions of dollars, most going to the states, in broadband infrastructure and uptake subsidies through the National Telecommunications & Information Administration, which is overseeing most of the new broadband subsidies, and the Federal Communications Commission, which oversees some COVID-19-related subsidies and its Universal Service Fund.

The foundation will “award grants, support research, provide training and education, engage with stakeholders, collect data, and promote policies to improve digital equity outcomes,“ the legislators said in a joint statement Thursday (Sept. 15) unveiling the bill.

“As our world rapidly shifts online, Americans must be equipped with the knowledge and skills to use technology properly and successfully,” said Sen. Ben Ray Luján (D-N.M.), chair of the Communications Subcommittee and lead sponsor of the bill. “That’s why I’m introducing legislation that creates a long-term solution to close the divide on digital equity.”

Joining Luján in sponsoring the bill are Sens. Jeff Merkley (D-Ore.), Martin Heinrich (D-N.M.), Ed Markey (D-Mass.), Richard Blumenthal (D-Conn.), and Amy Klobuchar (D-Minn.). Rep. Doris Matsui (D-Calif.) is lead sponsor of a House version. ■

NCTA–The Internet & Television Association and ACA Connects have joined with the other major broadband associations to school state broadband leaders, the National Telecommunications & Information Administration (NTIA), and others on the “opportunities, challenges and mitigation strategies“ of the Broadband Equity, Access and Development (BEAD) program.

“Our primary goal is to make it as easy and efficient as possible to navigate through the BEAD program’s requirements and potential deployment challenges,” they said. They could have added, but didn't, that they preferably navigate their subsidies toward the associations’ broadband-deploying members.

BEAD is the $42.5 billion in state broadband deployment grants being overseen by the NTIA and which is available to those major broadband association members and others — like municipal broadband and co-ops — through a raft of subsidies.

The broadband groups say they plan to hold monthly, half-hour webinars, starting Wednesday, September 14, at 1 p.m. and continuing every second Wednesday of the month through January.

The initial dates and topics are:

• September 14: Supply Chain/Build America, Buy America 
• October 12: Workforce Development
• November 9: Affordability 
• December 14: Permitting/Rights-of-Way 
• January 11: Cybersecurity

Future topics, according to the groups, could include on best practices and maximizing provider participation.

"Congress, via the NTIA, has presented our industry with a monumental opportunity to close the digital equity gap for good. The leading industry associations have aligned to present this monthly webinar series and attendees will be able to leverage our united expertise and bring back proven broadband deployment tips and best practices to their own communities.” ■

Some Republicans in Congress are not happy with the way the Biden Administration plans to hand out its tens of billions of dollars in broadband infrastructure subsidies, pointing to conditions that suggest rate regulation, a thumb on the scale for fiber and "nontraditional" broadband providers like municipal broadband, and much more.

The Biden Administration signaled early on that affordability and competition would be factored into their definition of broadband availability for its broadband subsidy program blitz, including the Broadband Equity, Access and Deployment (BEAD) program ($42.5 billion), the Enabling Middle Mile Broadband Infrastructure Program ($1 billion), and the State Digital Equity Act programs ($1.5 billion).

In a letter to Commerce Secretary Gina Raimondo--Commerce's National Telecommunications & Information Administration arm is overseeing most of that funding--a group of Republican Senators led by Susan Collins of Maine said NTIA's notice of funding opportunity (NOFO), which outlines how the money is to be handed out and under what conditions, "undermines" the plain language or clear congressional intent of the legislation that created the broadband subsidy programs.

Also: White House Rolls Out Internet for All

The legislators said that while the law explicitly prohibits government action that would regulate rates," the NOFO appears to open that door by suggesting price points to states--which are getting most of the money--which the Republicans see as pressure to set rates. Then there is the NOFO's condition of a "middle class affordability plan."

"Congress did not invite States to adopt rate regulations that the statute plainly prohibits, nor can NTIA go beyond the statutory affordability initiatives in the law," they told Raimondo.

The senators said the funding should be technology neutral, not steered toward fiber.

The Republicans also take issue with the NOFO's priority for municipal broadband, cooperatives and nonprofits and its requirement that states have to defend awards to traditional broadband providers if a non-traditional provider has also bid to serve the same area. The NOFO even "strongly encourages" the states to waive state laws limiting municipal broadband, they said, despite the law's prohibition on that.

But wait, there's more.

Among their other issues are 1) that not participating in the Digital Equity Program would appear to disadvantage a bidder; 2) that states are encouraged to use directly employed workforce rather than contractors, which Republicans said could delay buildouts; 3) that it has interconnection requirements that go beyond the statue and will discourage deployments; 4) that it has what the Republicans call a complex review process that "is likely to mire State broadband offices in excessive bureaucracy and delay connecting unserved and underserved Americans as quickly as possible."

Among the dozen others signing on to the letter were Sens. Roger Wicker of Mississippi, ranking member of the Senate Commerce Committee; Charles Grassley of Iowa; and Mitt Romney of Utah. ■

Right now, in the case of a particular executive department of the U.S. Federal government, that agency has made a first-ever fact-missing determination that damns one of the industries tasked for decades with delivering reliable broadband to nearly 10 million – mostly rural – Americans, in every state and jurisdiction. More importantly, by what will soon be multiple tens of millions, that agency-level decision damns that industry's constituents, and their constituents' clients, in the form of everyday broadband consumers. Now, that story – and its impact – needs telling. Clearly, it needs fresh support. And it needs significant change. By way of presentation below of the problem, its impact, facts, a couple of comparisons, and a resolution, a clearly better way is urged.

The NTIA Conundrum

The National Telecommunications and Information Administration (NTIA) is a part of the U.S. Department of Commerce. The NTIA is tasked with improving the understanding and distribution of broadband, information, and telecommunications services to Americans. 

The NTIA is different from the FCC, in that the latter is conceived of as an "independent" administrative body. The FCC is controlled and administered by its five commissioners, two of which are typically chosen by the party out of power. In today's context, that means two FCC commissioners and the chair are Democratic appointees, the other two commissioners are appointed by the Republicans. Today and since the start of the Biden Administration, the fifth commissioner is an open and unfilled seat. Conversely, the NTIA is directly controlled by The White House and its appointed secretary is part of the President's cabinet. Thus, the NTIA is, therefore, far less "independent" from politics and lobbying, than is the FCC.   

Somewhat unsurprisingly then, the more easily influenced NTIA was tasked, unilaterally, with the responsibility of assisting the proper distribution of billions of broadband dollars, as authorized by Congress' 2021 Infrastructure Investment and Jobs Act (IIJA) (See, Broadband Equity Access and Deployment Program).

After some gathering of information and viewpoints as to how to best distribute the all-important broadband funds, the NTIA appears to have unilaterally acceded to the demands of a couple of core lobbyists: one being a part of the broadband distribution industry; plus another set of the industry's vendors. Those, respectively, were the wired providers, and specifically, the fiber providers, and their constituent fiber users.

The Real Problem

Strangely, the U.S. fixed wireless broadband companies who rely entirely on unlicensed spectrum to serve residences and businesses were, essentially, intentionally excluded. This is because the NTIA stated incorrectly that broadband networks relying entirely on unlicensed spectrum were not "reliable," and thus should not be funded. Moreover, by not funding fixed wireless access provided via entirely unlicensed spectrum, the NTIA instead also determined that other funded broadband distribution forms – like cable, fiber, and telco – shall receive NTIA funds and thus an unfair competitive advantage. 

Specifically, the language of the NTIA's principal guidelines on the distribution of the IIJA Broadband Equity Access and Development (BEAD) funds, stated that if a provider used only unlicensed spectrum to deliver broadband to end users, then that delivery was, in turn, not reliable. At the same time, the NTIA guidelines mandated that those same Federal infrastructure funds could be used to overbuild – or build in the same geographical footprint as – the existing providers. That's correct: a local competitor could use Federal funds to wipe out another existing competitor's local business. 

This, in turn, either weakens or eliminates the growth of fixed wireless providers, and it strangely restricts the tools they can use. All of the broadband grants are scheduled to focus on either wired services only, or those grants will focus on a fraction of the real-world wireless industry, yet in the form of broadband distributed via only licensed (or exclusive) spectrum. Just one or the other. 

The true problem with the latter is that most of licensed spectrum is derived from FCC auctions, which are expensive. If something is unduly costly, it is mostly inaccessible to small and medium sized broadband operators. 

The additional expenses from the NTIA's new requirements are then typically passed on to the consumer; or likely worse, they cause the consumer to have delays in getting service, or perhaps not getting service at all. That is one of this issue's key bottom lines.

More specifically noteworthy here, are two points: 1) unlicensed spectrum's use in delivering broadband – especially to un- and underserved areas – has been and is proven to be quite reliable, by those that know, i.e., the FCC*; and 2) deploying licensed spectrum is often either very prohibitively impractical and expensive, or totally unavailable. Or worse, licensed spectrum is simply not the right choice for many geographic areas (See, Unlicensed Wireless System Offers High Reliability).

Thus, to make clear, overlooking lobbying to the contrary by the main U.S. fixed wireless association, which is the Wireless Internet Service Providers Association (WISPA), the NTIA decided in its decision dated May 13, 2022, to exempt primarily unlicensed spectrum providers from the receipt of IIJA Funds. And that means several tools in the solution kit that solves the Digital Divide are instantly removed. To emphasize, the action unfairly favors specific market providers without proper due process and rationale. The losers – thousands of  U.S. WISPs and hybrid fiber wireless operators, who use mostly unlicensed spectrum – are simply locked out. They are locked out without ample evidence, proof, and decision-making. That is wrong.

*Fixed Wireless Access (FWA), whether using licensed or unlicensed spectrum or in combination, is "reliable" broadband. The FCC, other federal agencies, and states and their subdivisions have long recognized it as a reliable and effective technology for their various broadband support programs. Numerous federal, state, and municipal projects, among others, depend in some measure on unlicensed FWA to realize their specific broadband-related goals.

The marketplace, too, recognizes the reliability of unlicensed FWA. Millions of Americans get their service from 2,800 WISPs, the majority of which use unlicensed FWA to deliver internet access to their customers. Banks, private equity, and other lending establishments have loaned FWA providers billions of dollars to grow their businesses. A $10 billion+ FWA hardware, software and services industry has emerged as a result. That is because WISP customers like and depend on unlicensed FWA to stay connected (See, "Lift-off" report, accessible for free by going to the home page of The Carmel Group, at www.carmelgroup.com). 

The Impact of The NTIA Decision

The NTIA's recent decision might remind many, clearly, of the cable industry's initial response during the early 1990s, to the deployment of Direct Broadcast Satellite (DBS) pay TV, by operators such as U.S. Satellite Broadcasting (USSB), DirecTV, Dish, AlphaStar and PrimeStar. DBS opponents derisively – and incorrectly -- labeled "DBS" as an acronym for "Don't Be Stupid." Another of those specific inaccuracies was that DBS rivals claimed that rain interference was so severe that it made the DBS service either significantly unusable or inferior. That was soon shown to be false, and wrong to the point that these days no one hears much about "rain fade," at all.

Today, by comparison, the antiquated and truly inferior Digital Subscriber Line (DSL) technology of the telephone industry has been deemed "reliable and future proof," by the NTIA**. This is an embarrassment. It ignores facts and assumes others that are not true. The allowance of DSL in place of proven wireless technologies is absurd.

Further, The Federal Register, vol. 85, No. 118, page 36785, shows the unlicensed bands that were determined authorized to be used to bid in the RDOF program.  Reliability is determined here by implication – the FCC would not allow such bands to be used if they were not reliable (See, 2020-13216.pdf (govinfo.gov).

The point: new technologies regularly face incorrect claims, assumptions, and determinations. It is up to those on the right side of truth to say "that‘s not true." Otherwise, consumers and policymakers make improper decisions based upon improper information. 

The majority of fixed wireless operators in the U.S. distribute broadband mostly using only unlicensed spectrum. And that works. And it especially works for the intended audience, which today includes a couple of scores of millions of rural Americans who otherwise do not receive even the FCC minimum of 25 Megabits per second (Mbps) download and 3/Mbps upload delivery capability.

**In its January 2022 Request for Comments, NTIA made no indication that it might exclude broadband networks using entirely unlicensed spectrum to serve last mile locations.

Fact: Unlicensed Spectrum Is "Reliable," Affordable, and Works

WISPA's National Spectrum Adviser, Richard Bernhardt, Esq., recently penned a very credible description of the facts supporting unlicensed fixed wireless. I strongly recommend reading it. (See, WISPs – Technically, Operationally Competent Purveyors of Reliable Broadband;
Unlicensed Spectrum Does Provide Reliable Internet Access). 

His core messages were that fixed wireless spectrum use:  

-Already works, and has been providing reliable broadband service to millions of customers for decades;

-Generates vital jobs and drives sorely needed economic growth, mostly in rural and suburban America; 

-Via thousands of providers, it delivers a responsive and consistent local presence, with enviable customer service and affordability; and 

-Those operators' services meet the needs of their clients with speed, regularity, and minimal latency; plus

-They operate with very little customer loss (or churn).

Rather than merely accepting his message at large, I of course looked at other objective recent points of view as to the "reliability" of unlicensed fixed wireless. Mr. Bernhardt's depiction of the actual technical capability and reliability behind decades of unlicensed broadband distribution is backed up by these additional experts and reports:

• See, Why Wireless Systems Operating in Unlicensed Spectrum Can Offer High Reliability; and
• See, Reliable Broadband Service Today and Tomorrow.

Another recent example: just look at the Navajo Nation, centered in Arizona at the confluence for the "4 Corners" that include Arizona, New Mexico, Colorado, and Utah, where we can make this comparison (See, NTIA unleashes $1B in IIJA funding for Tribal broadband): Ten fiber installs at $40K and a wait of 3 years, or 90 fixed wireless installs at roughly the same capital outlay, and a wait of just a few months, at most. This would be the likely choice (See, page 19, graphic 8, Liftoff: Comparative Economics of U.S. Internet Access Solutions).

All of these make one wonder what the NTIA was thinking when its executive leaders decided that unlicensed spectrum is "unreliable" now and in the future. The simple truth is, unlicensed spectrum in the U.S. today is not only NOT unreliable. Conversely, in every state, it typically serves scores of markets, plus an estimated 8.5 million U.S. broadband subscribers (See, reference and link to "Liftoff" report, above). That's a lot of broadband.

Reliable Metaphors

The NTIA funding builds tomorrow's broadband highways. Yet, metaphorically, before they even start, the NTIA is explaining to the states and smaller jurisdictions that every highway can only be an ultra-expensive one, made only of concrete. Indeed, that highway has to cost 8 to 9 times as much as reliable alternatives. And it has to be three lanes in each direction. And the cars that drive on it have to all travel at speeds of greater than 200 mph. With those parameters as its base, realistically, most places will never get roads, or, at minimum, most construction will be intolerably delayed. As such, the very purpose of the infrastructure program is thwarted. 

The NTIA seems to have completely forgotten or intentionally overlooked the fact that not every road needs to be built in the form of a four-lane 200-mph freeway, in order to transport commerce, people, products and services. Concurrently, the NTIA has excluded slower, yet entirely capable vehicles, and far less expensive and easy-to-deploy alternatives. The result is thus skewed for only certain "favored" projects. And do those funded alternatives work for just about everyone in a rural audience, with unserved areas, or places where there is little or no competition? 

They don't.

Resolution

Simply, the NTIA needs to go back and obtain more information. It needs to reopen its Notice of Funding Opportunity (NOFO) process.  

Noteworthy in this regard is that no apparent public input was provided as a basis for the NTIA's damning declarations. The NTIA needs to unplug for 30 metaphorical seconds, and plug the process back in. After all, the word "information" is a core part of its very title. And "information" connotes truthful description, which the current NTIA definition of "reliable" clearly is not.

Specifically, the NTIA must in its NOFO reexamine and be more realistic about how it reviews and defines projects and applicants. Additionally, NTIA should provide principles and guidance for the individual states. These would be ones that give the greatest necessary latitude needed to get the job done effectively. Then, press the reset button. 

For emphasis, NTIA has violated its tacit duty of properly distributing truthful data and determinations, by missing this foundational fact and message: unlicensed spectrum is reliable, as is fiber and other delivery modes. Give applicants and projects the funding they need, and let each industry vertical deliver the products and services that fit the objective. 

When the government itself unilaterally determines what technologies are reliable, or futureproof, or effective, it makes the wrong determinations, and it discourages new ideas. It also knee-caps small and medium sized businesses, thousands of which have struggled for decades to provide and invest billions into services in locales where nobody would go. Furthermore, without allowing the commercial marketplace to do so, NTIA effectively tries to choose its own "winners," based upon politics, not facts. This is not the role of the Federal government…no matter which administration.  

The NTIA must not seek only its own self-ordained "perfect" solution. Rather, it should stimulate industry to provide excellent service everywhere. Compromise, and equity – the hallmark of healthy politics – works here, too.

Summary

The current administration learned earlier this month the importance of compromise and of accepting lesser victories as actual real victories. This was seen in the bi-partisan, successful legislation to assist taxing, health, infrastructure, and climate change initiatives. In the case of the NTIA, the agency needs to remember and repeat that effective lesson. Work with the FCC, and come up with a compromise solution, where lots more Americans can be served, well. 

Ultimately, there are many instances when the most expensive and most difficult-to-access solutions are simply the wrong ones. In a dream world, they work. Yet, in the real world, they do not. That is true in every community. Just ask any mayor or city council representative how they come to decision-after-decision in their respective locales. In the case of much of rural America, that is certainly the case. 

For this NTIA funding decision, one broadband pipe, fiber, is one of those expensive and frequently impractical solutions. Its real-world use is limited. As noted above, in addition to its costs, fiber is subject to outage from underground digging, and damages from storms when fiber is hung above-ground on communications lines. Fiber's bottom line: in many cases, it is just not practical for deployment when other options – like fixed wireless using unlicensed spectrum -- are available. This is especially true in low density, high-cost areas. By requiring something very costly, it means broadband solutions will be slower to deploy, or often will never be deployed at all. If that's the only choice, then that community is either lesser served, or not served at all. Conversely, the mission of unlicensed internet service providers (ISPs) is to serve the underserved, serve the unserved, and provide a good solution for all clients. ISPs have a motto: don't make clients wait. 

And to drive -- pun intended -- the above metaphor just a tiny bit further: what the NTIA did is like GM lobbying the DOT to only subsidize the building and distribution of 200-mph electric powered Chevy Corvettes, and convincing the agency to accept the rationale that figures, "We can only move forward with something that is really fast, really expensive, favoring particular parts of the vehicle industry. We can thus all only drive really costly and fast Corvettes, only on high-speed freeways. Plus, in the interim, we can't wait by using other types of roads and by using slower, and non-electric cars!" Such a determination and decision today -- by any governing body -- would be almost laughable. 

Unlicensed spectrum used by thousands of fixed wireless operators is simply a means to a broadband end. Unlicensed spectrum works the same way as licensed, but each have their own constraints (See, "Liftoff" Report, page 8, Figure 2). Applying the metaphor above, fixed wireless operators are the actual vehicles. Spectrum is the type of road they travel using. And unlicensed spectrum is but one of several very effective and affordable types of road. Those small-to-mid-sized U.S. operators are the bulk of the U.S.'s unlicensed providers, and their extremely value laden and efficient spectrum is what they use to deliver something that works well today. Unlicensed spectrum is readily available, its interference can be mitigated, and its quality signal can be readily managed. The technology is constantly improving. In short, for emphasis: today's equipment using unlicensed spectrum is very reliable. 

An old adage has it, "perfection is the enemy of good." Right now, America needs, and needs badly, significant, and timely "good" broadband distribution, so that everyone has access. It does not need a "perfect" distribution method, perhaps lasting into the decades or scores of decades, yet limited by reality. And America does not need a "perfect," where far, far fewer subscribers will ever be served (at many times the cost).

In conclusion, the current statements, and principles in the NTIA's IIJA BEAD NOFO are not proper. And they make no sense. The current Administration and NTIA can do better. The NTIA decision harms the very objectives of the Congressional legislation to fairly and reasonably develop broadband for, and deliver broadband to, everyone! 

It's time for a reset. A real reset.

Post-Script

For nearly a quarter of a century, advocating on behalf of the nation's telecom trade groups has been a core concern for The Carmel Group, especially if that support involves a truthful, positive, and compelling story (always best, in that order). For five decades, we have done that for consumers of first, broadcast, then cable, telco, fiber, cellular, and satellite.

(See, New Carmel Group Study Shows Competition Exclusive to Satellite Radio Market; Carmel Group: XM/Sirius Merger Would Result in Less Choice, Less Diversity, Higher Prices; ACA: The American Cable Association’s Amazing Bandwidth; and see, scores of copies of The Carmel Group's DBS Investor and Phillip's Publishing's Satellite News, upon request).

Jimmy Schaeffler is chairman and CSO of The Carmel Group, a west-coast-based consultancy founded in 1995. He can be reached at jimmy@carmelgroup.com. He has not been compensated in any fashion for these views. They are independent and his alone. Further information about The Carmel Group can be accessed at www.carmelgroup.com.

The National Telecommunications & Information Administration and the Bureau of Indian Affairs have struck an agreement that streamlines permitting for high-speed internet on tribal lands.

The idea is to coordinate the balance between the need for environmental and historical preservation and the need for universal high-speed access under the Tribal Broadband Connectivity Program.

The agreement also streamlines the National Environmental Policy Act reviews for both NTIA, which oversees the bulk of broadband grant money, and BIA, which grants rights-of-way on protected lands.

The agreement was announced the same day that NTIA said it was adding $1 billion from the Infrastructure Act's tens of billions in broadband subsidies to the Tribal Broadband Connectivity Program, boosting the program total to $1.98 billion.

NTIA is going to need it. The agency said it has received more than 300 applications for over $5 billion in funding requests. Even with the new infusion, that leaves NTIA $3 billion-plus short if all those funding requests were granted.

The Tribal Broadband Connectivity Program provides funding for broadband deployment, digital diversity, workforce training, digital skills, telehealth, and distance learning. ■

Reps. Anna Eshoo and Doris Matsui, both D-Calif., have called on the departments of Transportation, and Energy, as well as the head of Commerce's National Telecommunications & Information Administration (NTIA), to coordinate the deployment of broadband plant and EV charging stations, both of which are being subsidized with billions in infrastructure spending.

Eshoo has long advocated for "dig once" policies that pair up road construction or renewal with broadband infrastructure, but this is specifically targeted to electric vehicle chargers.

Their request came in a letter Friday to Transportation Secretary Pete Buttigieg, Energy Secretary Jennifer Granholm, and Alan Davidson, head of Commerce's National Telecommunications & Information Administration (NTIA), which is overseeing most of the Biden Administration's billions of dollars in new broadband subsidies.

They pointed to the connectivity requirements of chargers -- states are required to have an internet-connected charger network for ease of "data collection, accessibility and reliability."

They also talked about the equity issues of both broadband and EV charging stations. "Digital equity disparities exist in areas where access to broadband is non-existent or unaffordable and it proportionately affects rural areas and communities of color," they said. As for EV chargers, "apartment residents are less likely to have access to at-home chargers," they told the secretaries. "This disparity poses a particular challenge to lower-income households and communities of color, who are more likely to live in multi-unit housing."

They said there are similar issues in rural areas, "where limited electric distribution exacerbates range anxiety, the concern that vehicles will not be able to travel the distance needed."

Given that, they said, funding from the Infrastructure Investment and Jobs Act (IIJA) should be used to build out broadband and EV charging networks simultaneously.

"In light of the national electric vehicle charging network’s connectivity requirements, the persistent digital divide, and EV charging infrastructure disparities across the nation, we encourage you to coordinate IIJA broadband and EV charging infrastructure efforts to encourage co-location of EVSE with telecommunications infrastructure when and where appropriate," they wrote the secretaries. ■

Only hours before the Senate Commerce Committee’s scheduled hearing on past spectrum disputes between the Federal Communications Commission and the National Telecommunications & Information Administration, the agencies announced a new memorandum of understanding on coordinating their spectrum oversight, including regular formal interagency spectrum planning meetings.

NTIA oversees government spectrum use while the FCC oversees commercial users.

Sen. Ben Ray Luján (D-N.M.), chair of the Subcommittee on Communications, Media, and Broadband, billed the oversight hearing Tuesday (August 2) as looking at ensuring the agencies‘ coordinated efforts given “important policy considerations to ensure spectrum is utilized for the greatest benefit to the public.”

The FCC and NTIA have had some friction over sharing of spectrum, particularly between commercial wireless and aviation safety systems.

But in February, they announced a new initiative to improve their coordination of spectrum management.

And before Lujan could gavel in that 2:30 p.m. oversight hearing in the subcommittee, the FCC and NTIA had unveiled their MOU update — the first in a couple of decades — essentially formalizing their new cooperation.

The highlights of the MOU include:

1. “Formalized High-Level Planning. For the first time, the FCC Chair and Assistant Secretary will hold formal meetings to conduct joint spectrum planning at least quarterly. 
2. “A Longer-Term Spectrum Outlook. FCC and NTIA staff will meet at least monthly to exchange information. Where possible, the agencies will share their planned spectrum activities for the next 12 months. 
3. “Greater Coordination. The agencies have committed to coordinating more of their spectrum activities than was required under the prior MOU, including when the agencies are considering taking actions that would create new spectrum adjacencies.  The updated MOU also extends the amount of time for coordination. 
4. “Improved Transparency and Data Sharing. Both agencies will endeavor to share information, concerns, or views as early in the spectrum planning process as possible, supported by technical data and analysis that is based on sound engineering principles. For NTIA, this includes sharing information, concerns, or views of other federal agencies as well.
5. “Clearer Dispute Resolution. FCC and NTIA will work together to develop and implement a process for escalating any disputes for consideration by agency leadership.”

“This effort, as part of our broader Spectrum Coordination Initiative [established in February], helps make that possible,” Rosenworcel said. “I am grateful to have the leadership and partnership of [NTIA head Alan] Davidson in this important work.”

“A spectrum coordination agreement that pre-dates the smartphone is not sufficient to meet the challenges facing our agencies today,” Davidson said. “This updated MOU between NTIA and the FCC will deepen our collaboration and improve our ability to anticipate and mitigate serious spectrum issues.” 

Sen. Lujan praised the MOU in his hearing opening remarks. He said it addresses many of the challenges for managing broadband and other bands.

“I applaud the FCC and NTIA for reaching an agreement on spectrum coordination," said Competitive Carriers Association President Steven K. Berry. "Spectrum coordination between these two agencies is essential to ensuring issues are properly addressed before spectrum is designated for commercial use. This is an important step in the right direction and will provide much-needed clarity around the most valuable resource for wireless carriers, and I commend the efforts to ensure carriers are able to purchase and use their spectrum as quickly and efficiently as possible.” 

A trio of top Republicans praised the MOU. That was no surprise given that they have sponsored legislation that would further formalize it and insure that it is regularly updated.

"Consistent with our legislation, the updated agreement between the FCC and NTIA is the first in almost two decades," said Sens. Roger Wicker (R-Miss.), ranking member of the Senate Commerce Committee; John Thune (R-S.D.), ranking member of the Communications Subcommittee; and Marsha Blackburn (R-Tenn.). ranking member of the Consumer Protection Subcommittee. "Still, it is important to pass our legislation to codify this effort and ensure that we do not go another 20 years without an update.”■

The Biden Administration has given out the first five grants in its Connecting Minority Communities (CMC) Pilot Program, which is one of many broadband subsidies under the Administration totaling tens of billions of dollars.

The CMC grants total -- to the penny -- $10,642,577.03, according to the National Telecommunications & Information Administration (NTIA), which administers the program.

The money will be used for equipment as well as information technology training and hiring for expanding high-speed internet access to minority colleges and universities.

The first five grantees include Historically Black Colleges and Universities (HBCUs), Tribal Colleges and Universities (TCUs), Hispanic Serving Institutions (HSIs), and Minority-Serving Institutions (MSIs)

The CMC was launched in August 2021 with $268 million in funding.

“Communities of color have faced systemic barriers to affordable broadband access since the beginning of the digital age,” said Secretary of Commerce Gina Raimondo at the time. “The investments we make as part of the Connecting Minority Communities Pilot Program will help communities that are struggling with access, adoption and connectivity, and will inform our path forward as we seek to finally close the digital divide across the country.”

To be eligible for the money, a recipient has to be in what is called an "anchor community," which means that the median household income cannot exceed 250% of the poverty line.

NTIA says it is continuing to vet the more than 200 applications it received in the application window which closed Dec. 1, 2021. ■

The Federal Communications Commission is asking for input on its congressional mandate to coordinate tens of billions of dollars of government money in various broadband subsidy programs with the National Telecommunications & Information Administration and the U.S. Department of Agriculture.

The NTIA, the White House’s chief telecom policy arm, has been charged with handing out most of the $65 billion worth of infrastructure-related broadband buildout money, but the FCC also hands out billions of dollars through various Universal Service Fund subsidies as well as telehealth and distance learning money related to the COVID-19 pandemic. USDA gives out money through the Rural Utilities Service.

The FCC’s Wireline Communications Bureau wants comment by August 16 on its interagency coordination agreement, which will be factored into a mandated report to Congress.

Also: FCC, NTIA Authorize More Broadband Funding

Under the direction of statute, which calls for the answers to some specific questions, the FCC's Wireline Competition Bureau, which issued the request for comment, wants to hear specifically about the agreement’s effectiveness in making sure the funds are distributed efficiently. One big issue: Congress wants to ensure there is no duplicative funding.

The FCC (read Congress) also wants to know how much deployment availability data from states, localities and tribal areas is available; how much of that is being used in interagency coordination; and what, if any, modifications are needed to improve coordination.

In May, the FCC, NTIA and USDA agreed to share and standardize their broadband data.

At times, particularly under the Trump administration, the FCC and NTIA would not have scored high marks in that “getting along well with others” checkbox on elementary school report cards, particularly over the issue of freeing up government spectrum by sharing it with commercial users. That was particularly the case when it comes to spectrum-sharing by commercial aviation operators and 5G WiFi providers.

Even before the infrastructure legislation mandated a formal agreement, though, FCC chairwoman Jessica Rosenworcel and new NTIA administrator Alan Davidson were talking regularly, according to the FCC. 

The Government Accountability Office has suggested there is a broadband coordination deficit that requires more than an agreement to play nice among the three agencies.

In a report earlier this month, GAO said Congress needs to come up with a national broadband plan to rectify what it says is a “fragmented, overlapping patchwork” of broadband accessibility funding, though the White House has not decided whether it plans to do that or not. ▪️

The Government Accountability Office is recommending that the U.S. get its broadband subsidy act together.

GAO said Congress needs to come up with a national broadband plan to rectify what it says is a “fragmented, overlapping patchwork” of broadband accessibility funding, though the White House has not decided whether it plans to do that or not.

That is according to a new GAO report that identified more than 100 federal programs — overseen by 15 agencies — that can be used to expand access.

The National Telecommunications & Information Administration is administering the major share of that.

GAO recommends “synchronizing” those federal efforts through a “national broadband strategy.”

Also: FCC Launches Broadband Plan Rulemakings

"The U.S. broadband efforts are not guided by a national strategy with clear roles, goals, objectives, and performance measures," the GAO report said.

The FCC came up with its own national broadband plan more than a decade ago — under Julius Genachowski, chairman during President Barack Obama‘s first term — but the GAO said that there are some statutory limitations on aligning the current “mosaic” of programs, including differing definitions of eligible areas and broadband speeds.

In 2020, Sen. Ed Markey (D-Mass.) called for an update of that 2010 National Broadband Plan, and Blair Levin, the architect of the plan under Genachowski, agreed, saying it was long overdue.

And while the NTIA in 2018 led an interagency group that reviewed those different definitions, it did not identify which statutes limited how the programs could be aligned or recommend any changes.

The GAO said change is necessary. “Without legislative proposals for Congress to consider, agencies may continue to face limitations in aligning programs to close the digital divide,” GAO concluded.

GAO's conclusions were based on its own analysis combined with interviews with stakeholders including ISPs and officials.

The GAO offers three recommendations for the new broadband strategy, two of which the NTIA, which is the White House's chief communications policy arm, said apply to it and which it supports:

• The NTIA should identify key statutory limitations — what it said the agency did not do in 2018 under then-President Donald Trump — and prepare a report to Congress;
• The NTIA should solicit and incorporate regular feedback when updating the BroadbandUSA Federal Funding Guide; and
• The Executive Office of the President should “develop and implement a national broadband strategy.”

NTIA did not address the third recommendation and the White House did not jump at the suggestion.

“The Executive Office of the President has not decided if a national strategy is needed,” GOA said, adding somewhat pointedly, “but it is well-positioned to develop and implement one.” ■

While some argue the FCC could issue the report without the commissioners having to vote, Feld says they have got that wrong because the statute directs the commission to do it, and that means the full commission under regular process, which means a vote. "[T]here is no statutory mechanism for the FCC to issue the report...without a Commission vote," he said.

Sohn was nominated for the vacant fifth FCC seat, one that represents a Democratic majority that would allow the agency to proceed with restoring network neutrality rules based on Title II of the Communications Act, a common-carrier designation Republicans — and internet service providers  — strongly oppose.

Also: Wall Street Journal Takes Fresh Aim at Sohn

In an op-ed for blog web site Wetmachine, Feld, senior VP of Public Knowledge, the advocacy group Sohn once headed, said that Republicans “who think there is no downside to dragging Sohn’s confirmation out interminably to block Title II” have another think coming.

The money is being overseen by the National Telecommunications & Information Administration, but the FCC must first get a better handle on where broadband is or isn't before NTIA can hand the funds out. That decision will likely need a fifth FCC commissioner to prevent a stalemate.

By his reasoning, how the FCC draws up new broadband availability maps, on which the billions in subsidies hinge, is one of the contentious issues that will require a Democratic majority to avoid a stalemate that would prevent any movement on the mapping front.

While Republicans on the commission are likely to want the money to be targeted to where there is no broadband at all, Democrats argue that price and quality should be part of the definition of available, i.e., service that is too expensive or too slow should not meet the definition of available.

And while Feld concedes it is possible the FCC could issues a map without controversy, ”I would not want to bet my state‘s broadband on it, given that I can’t find a single broadband report vote in the last decade that wasn’t a 3-2 party-line vote.”

The FCC issues an annual broadband deployment report, the conclusions on which Democrats and Republicans historically disagree. Reports issued under Democrats emphasize the continued digital divide and suggest that until every American has broadband, it is not yet deployed to “everyone, as Congress has directed.” Republican reports talk up the progress that has been made — which they argue translates to reasonable and timely deployment — and the need to remove barriers (read regulations) to investment and innovation.

What the FCC concludes is important because it is empowered to regulate to ensure the reasonable and timely deployment of advanced telecommunications to all Americans.

And until the FCC can get a better handle on where broadband is or isn’t based on new maps, the NTIA can’t start handing out billions in subsidies under the Broadband Equity Access and Deployment (BEAD) program or subsidies for middle-mile connections between customer-facing ISPs and the internet backbone, Feld points out.

The subsidy legislation does not give the FCC a deadline, Feld said, but does say the NTIA money can't flow until the new maps are published.

While some argue the FCC could issue the report without the commissioners having to vote, Feld says they have got that wrong because the statute directs the commission to do it, and that means the full commission under regular process, which means a vote. “[T]here is no statutory mechanism for the FCC to issue the report … without a commission vote,” he said.

Meanwhile, Sohn‘s nomination continues to be in a legislative limbo. While she has had two hearings in the Senate Commerce Committee, the committee vote to favorably report the nomination it to the full Senate for a vote was a tie, so the Senate would have to vote to discharge the nomination from committee, then vote on the underlying nomination, neither of which has happened yet, suggesting all the Democrats are not on board. It would take all 50 Democrats to discharge the nomination from committee, plus a tie-breaking vote by Vice President Kamala Harris, to confirm Sohn if the Republicans are putting up a united front against her.

That is what it took to confirm the fifth Federal Trade Commission member, Alvaro Bedoya, after his committee vote was tied but the Democrats mustered their forces to push the nomination through. ■

Computer companies including the biggest Big Tech targets of a potential revamp of antitrust regulations have told the National Telecommunications & Information Administration that  the mobile app market is already a 'fair, open and competitive marketplace' and that using antitrust enforcement to go after perceived inequities could hurt consumers and innovation.

That is according to comments filed by the Computer & Communications Industry Association.

NTIA, the White House’s chief communications policy adviser, last month asked for input on the state of mobile app competition, a request that suggested app competition needed "restoring" and that the goal was one of the "critical priorities" of President Biden's Executive Order on Promoting Competition in the American Economy."

Also: Amazon Freevee (Finally) Gets Apple TV App

CCIA, whose members include Amazon, Apple, Facebook and Google, essentially told NTIA 'nothing to see here,' or at least nothing that can't be fixed by Congress with federal privacy standards. “Growth and innovation in the mobile app ecosystem, together with rapid advancements in the power and diversity of mobile devices, have created a fiercely competitive environment benefiting consumers, developers, and the computer industry," it said.

CCIA renewed its call for Congress to come up with federal privacy legislation to protect consumers' privacy on mobile apps rather than have the Federal Trade Commission and Justice Department "rewrite antitrust practice and jurisprudence accumulated over the course of many decades," in the process "overlooking the significant constraints that multi-sided firms face and, accordingly, finding anticompetitive conduct where none exists."

It said that such "false positives” by either regulators or the courts "deter innovation and hinder consumer welfare." ■

The FCC, Department of Agriculture, National Telecommunications & Information Administration (all of which oversee broadband subsidy programs) and the Treasure Department have signed a memorandum of understanding (MOU) agreeing to share "information about and collaborate regarding the collection and reporting of certain data and metrics relating to broadband deployment."

They have also agreed to, to the degree possible, develop "consistent, complementary, uniform formats, standard, protocols and reporting processes for that data.

For its part, the FCC has been working on collecting better data's on where high-speed broadband is or isn't given the tens of billions of dollars being spent on subsidies.

That MOU, which extends out two years but will almost certainly be renewed, comes as the Biden Administration Friday announced notices of funding opportunity for $45 billion worth of subsidies being handed out by NTIA, mostly to the states for their own broadband deployment and adoption programs.

As part of the agreement, the agencies will share information about projects that have gotten funding--or will be getting funding--under their respective broadband subsidy programs. They will also make that data available for public perusal  The MOU complements, rather than supersedes, a June 2021 MOU among the agencies "to coordinate the distribution of federal high-speed internet funds."

The FCC oversees billions in Universal Service Fund broadband subsidies as well as COVID-19 related emergency programs including for telehealth, remote learning. NTIA has about $45 billion in subsidies, mostly going to the states, and USDA has ongoing broadband subsidy programs for connected agriculture. ■

The Conference of National Black Churches along with five other groups representing Black clergy and congregations, has called on the National Telecommunications & Information Administration to allow the $40 billion-plus broadband subsidy money it is handing out to states to be used for whatever technology -- fiber, wireless, etc. -- best fits their communities.

That came in a letter to Commerce Secretary Gina Raimondo and NTIA administrator Alan Davidson. NTIA has been given the primary oversight role of the broadband subsidies in the President's -- and Congress' -- massive infrastructure plan.

"America’s mosaic of diverse people and communities argues for the government’s deployment of broadband to be done in a way that takes advantage of diverse technology options that will provide the best broadband services across remote and underserved areas," they said.

The Biden Administration has suggested fiber to the home get priority status in the subsidy handouts, but has not ruled out other technologies so long as they provide sufficient speeds and quality.

In a February letter to Davidson, groups including Connect America Now called on the Biden Administration to use a technology-neutral approach to handing out billions in broadband funding as a way to make sure those buildouts can handle “differing levels of infrastructure, as well as differing topographies and population densities.”

The administration has been signaling that it prefers fiber buildouts but the groups said everything from wired to wireless to fixed wireless to satellite broadband should have a shot at the money. That, they said, “allows for rapid deployment of broadband network solutions and maximizes the reach of government dollars in building networks and connecting consumers.”

A tech-neutral approach is the best one for several reasons, they argue, including that it gives providers the flexibility to use the most cost-effective approach, will help them deploy rapidly and will cut down on the likelihood of overbuilding incumbent providers, though the administration is anticipating some overbuilding will happen in order to reach the unserved while staying in business. ■

Senate and House Republicans have advised the Biden Administration not to put any network neutrality conditions on the tens of billions of dollars in broadband subsidies being overseen by the National Telecommunications & Information Administration (NTIA), the President's chief communications policy adviser.

They also don't want NTIA to favor any particular broadband delivery system.

That is according to a letter to NTIA administrator Alan Davidson from the ranking members of the Senate Commerce and House Energy & Commerce Committees, which have principal jurisdiction over broadband issues, outlining their priorities for broadband subsidies in the Infrastructure Investment and Jobs Act (IIJA).

While the Democrats still control the House and Senate and so trump Republicans' broadband deployment wish list for the moment, the midterms could conceivably flip that script.

Also: White House Issues State Guide to Broadband Billions

Those Republican priorities are: 1) use the FCC's new and improved broadband maps when it produces them, rather than use other data sources as a substitute; 2) avoid overbuilding, 3) "provide an equal opportunity for all broadband providers to compete for grants by not prioritizing municipal networks or networks run by nonprofits or cooperatives, and not favoring certain broadband technologies over others" (fiber is a Biden Administration favorite, for example); 4) avoid what they call "unnecessary requirements," which include net neutrality, "burdensome" labor regulations and rate regulation; and 5) allow public input and review of agency decisions.

Among the NTIA's stated priorities are affordable, equitable and high quality broadband service for all.

Congress provided $65 billion in the IIJA for broadband infrastructure. NTIA is overseeing $48.2 billion of that, mostly going to states via the Broadband Equity, Access, and Deployment (BEAD) program.

Republican leaders have conceded that NTIA will have to put some conditions on broadband providers receiving the money to make sure they have the financial and technical capacity to deliver on their promises. But they also have said that putting net neutrality or other "unnecessary" requirements on them would "go beyond the scope of congressional intent, could raise the monthly cost of broadband service, and could discourage participation from providers, undermining the success of the BEAD program and harming consumers."

Instead, they said, NTIA should work with states to reduce regulatory "burdens." And while they said affordability is also an important factor, that can be achieved through the current requirement that BEAD recipients offer a low-cost option and not through some form of rate regulation. While NTIA is prevented by law from directly regulating rates, it could make state regulation a condition and Republicans said that should not happen. Nor should NTIA use its authority to approve -- or reject -- a low-cost option as indirect rate regulation. ▪️

The Biden administration is seeking input on the competitiveness, or lack of it, in the mobile app marketplace.

The public notice announcing a request for comment by the National Telecommunications & Information Administration, the White House’s chief communications policy adviser, suggests there is an issue that needs addressing.

"Restoring competition in the American technology sector is a critical priority of the President’s Executive Order on Promoting Competition in the American Economy," the notice starts off.

NTIA said the info gathered will help shape the administration's policy agenda, including for a report to be submitted to the head of the White House Competition Council.

Also: FTC, Justice Seek Input on Big Tech Mergers

Separately, the Biden administration has been collecting input on the competitiveness of online companies in general with an eye toward potentially revamping merger guidelines to prevent what some see as Big Tech’s efforts to buy up to monopoly by gobbling up smaller competitors, or potential competitors, before they become big enough to trigger antitrust concerns from the Department of Justice or the Federal Trade Commission. ■

In a move likely to draw fire from Big Government-bashing Republicans, the Biden administration has established a network of government officials — the Rural Partners Network (RPN) — it plans to embed in rural communities to make sure they can access infrastructure spending in the American Rescue Plan, including the billions for rural broadband going to states and principally overseen by the Department of Commerce.

The administration has said it wants to prioritize municipal broadband buildouts and will now place federal staffers in more than two dozen rural communities to “help local leaders navigate and access the federal resources they need to build a strong and vibrant economy,” including through the “once-in-a-generation investment in affordable high-speed internet,” as well as money for water, electricity, roads and bridges.

The Commerce Department will be one of the participating agencies in the RPN, which will be principally funded by the Department of Agriculture.

Also: NTIA Says Broadband Grants Aren't One Size Fits All

“Just making resources available is not enough — the federal government must better serve rural communities, so that they can take full advantage of these unprecedented opportunities,” the White House said Wednesday (April 20), adding that RPN will also “also identify challenges preventing rural communities from accessing federal support.”

Alan Davidson, head of Commerce’s National Telecommunications & Information Administration (NTIA), has already said his agency is taking a customer-service approach to overseeing the $42.5 billion Broadband Equity, Access and Deployment (BEAD) initiative going to the states for broadband buildouts. That includes an NTIA point person to help apply for the money. ■

Alan Davidson, head of the National Telecommunications & Information Administration, said his agency is taking a customer service approach to overseeing the $42.5 billion Broadband Equity, Access, and Deployment (BEAD) initiative going to the states for broadband buildouts.

Each state will have a point person at NTIA to make sure stakeholders know how to apply for the money, Davidson said.

In a “fireside chat” at a Broadband Breakfast for Lunch event in Washington Wednesday, Davidson signaled that while the Biden administration has emphasized fiber, states will have the flexibility to use the money as they choose, as long as it is put toward the goal of getting broadband to the unserved and underserved. “We expect there will be flexibility,” he said. “Different states are going to run programs in different ways.”

The statute gives states that flexibility, he said, so it is not a one-size-fits-all program.

Connect Americans Now, whose members are pushing for universal broadband ASAP, but with the flexibility to look beyond fiber, quickly issued a statement praising Davidson.

“Connect Americans Now (CAN) commends Administrator Davidson for reaffirming NTIA’s commitment to ensuring states and broadband providers have the flexibility needed to maximize the positive impact, reach and cost-effectiveness of deployments targeted at eliminating the digital divide,” CAN executive director Richard Cullen said. “An all-of-the-above approach that prioritizes unserved communities will be vital to NTIA’s mission to make substantial progress toward closing the broadband gap.”

Different groups are calling on the Biden administration to use a technology-neutral approach to handing out billions in broadband funding as a way to make sure those buildouts can handle "differing levels of infrastructure as well as differing topographies and population densities."

In a February letter to Davidson, groups including Connect America Now called on the Biden Administration to use a technology-neutral approach to handing out billions in broadband funding as a way to make sure those buildouts can handle “differing levels of infrastructure, as well as differing topographies and population densities.”

The administration has been signaling that it prefers fiber buildouts. But the groups said everything from wired to wireless to fixed wireless to satellite broadband should have a shot at the money. That, they said, “allows for rapid deployment of broadband network solutions and maximizes the reach of government dollars in building networks and connecting consumers.”

A tech-neutral approach is the best one for several reasons, they argue, including that it gives providers the flexibility to use the most cost-effective approach, will help them deploy rapidly and will cut down on the likelihood of overbuilding incumbent providers, though the administration is anticipating some overbuilding will happen in order to reach the unserved while staying in business. ▪️

Elsewhere on the tech neutrality front, fixed wireless broadband operators represented by WISPA wrote Senate Democratic leaders to tell them that the best way that NTIA can further COngress' broadband deployment goals would be to let states determine what technology to use--obviously including fixed wireless.

"Where more solutions can be brought to the table, better results always prevail," said WISPA. ■

Smaller and mid-sized cable/broadband operators are telling the Biden Administration not to hand out billions of dollars in broadband subsidies to the states until there are better broadband deployment maps, and when they do hand it out, to make sure it goes to unserved areas first.

The National Telecommunications & Information Administration (NTIA) has sought comment on the rules for its Broadband Equity, Access, and Deployment Program (BEAD), comprising $42.45 billion to states to develop their own broadband plans and to build out infrastructure and promote adoption in unserved and underserved communities.

In a letter to NTIA chief Alan Davidson, ACA Connects President Matt Polka said that "accurate, location-based" maps are key and that while the FCC appears to be on track to produce its first take on a location-based map later this year, or early 2023, that map won't be sufficiently accurate, he said, because it will be based on "a Broadband Fabric created by an FCC vendor and the filings of broadband providers," both sets of unverified information for which the FCC will need to allow some time for a challenge process.

Also: White House Issues State Guide to Broadband Billions

"In sum," said Polka, "NTIA has little choice but to wait for sufficiently accurate maps
before determining the proper final allocation of grant funds to States. At most, based on the initial, granular but inaccurate maps, the NTIA could distribute a partial amount of funds – an amount that does not require any clawbacks."

As to prioritizing unserved areas, Polka points out that that is the law and one NTIA needs to follow. "To that end," said Polka, "states should first award deployment grants in areas where more than 80% of the locations are unserved, then, if funding remains, where more than 80% of the locations are unserved and underserved, and then, if funding remains, to connect community anchor institutions."

Wherever and to whomever the money goes, Polka told Davidson, NTIA needs to make sure recipients can deliver the requisite service in the required time frame, and added that "When it comes to building and operating broadband networks, there is no substitute for expertise and experience and sound financial backing." ■

The Biden Administration took a "the glass is one-tenth empty" approach to stumping for closing the broadband divide this week.

Vice President Kamala Harris, who was deputized by President Joe Biden to oversee universal broadband, traveled with Deputy Secretary of Commerce Don Graves to Louisiana, where some of the billions of dollars in broadband subsidies is going. The state is also the stomping grounds of Mitch Landrieu, White House Infrastructure Coordinator.

In promoting the road trip, Commerce said it was so the officials could hear "directly from Louisianans about "the struggles they face due to the stark digital divide and lack of access to fast, affordable, and reliable broadband."

Also: NTIA Says Closing Digital Divide Is Job One

That was the set-up for the kicker that "help was on the way" thanks to the $65 billion in infrastructure spending in the Bipartisan Infrastructure Act that the President pushed but Congress also had to pass.

Graves pointed out that more than 30 million people (or something under 10%) don't have access to "reliable broadband" a problem he said was worse in minority and rural areas. Graves said that the fact that over 10% of Louisianans lack broadband infrastructure was "an injustice that must end."

And while Harris illustrated the actions the Biden Administration was taking to close the digital divide with last month's announcement of $277 million in broadband grants to 13 states overseen by Commerce Department's National Telecommunications & Information Administration, according to a Commerce press release about the Louisiana trip, she made no mention of this month's $640 million in funding the FCC authorized under the several-years old Rural Digital Opportunity broadband fund to help close the digital divide in 26 states. ■

Saying some fraud has already been uncovered, Sen. Roger Wicker (R-Miss.), ranking member of the Senate Commerce Committee, wants an investigation into whether billions of dollars in broadband subsidy spending already handed out went “appropriately” to unserved areas and areas economically affected by the pandemic.

Wicker is concerned the money could be used to overbuild existing providers while doing little to close the digital divide.

The CARES Act, which included COVID 19 relief-related broadband subsidies, also created the Pandemic Response Accountability Committee (PRAC) to try to prevent waste, fraud and abuse, which are always a potential problem in any large government subsidy.

Wicker said PRAC, which is part of the Council of the Inspectors General on Integrity and Efficiency, is in the best position to review multiple broadband subsidies across multiple agencies, including the Federal Communications Commission, the National Telecommunications and Information Administration (NTIA) and the Department of Agriculture, as well as state and local governments.

“The speed at which funds were disbursed in response to the COVID-19 pandemic, and the sheer amount of money involved, put the funds at high risk of fraud and misuse, making the work of oversight entities like the PRAC and IGs essential to a successful national recovery,” Wicker said in making the request. “We are already finding fraud within these new programs," which he said would continue absence the needed oversight from PRAC.”

In a letter to PRAC chair Michael Horowitz, Wicker pointed to the fact that the FCC's Inspector General had found that some broadband providers had been "fraudulently enrolling households in the Emergency Broadband Benefit [EBB] program."

Wicker asked Horowitz to answer a number of questions related to broadband subsidy oversight, including what broadband availability data the NTIA and the Treasury Department used to determine where the money went or is going. NTIA is counting on better maps from the FCC, which is in the process of creating them, but a process that is not yet complete.

Wicker also wants to know “what level of coordination is occurring between FCC, Treasury, USDA, and NTIA to protect against overbuilding and duplication of funding awards?;” “what, if any, federal, state, or local regulatory barriers are impeding or increasing costs to broadband deployment funded by these programs?;” and “what oversight measures are NTIA and Treasury implementing to ensure providers meet their buildout obligations?” ■

A pair of powerful Democratic senators has asked the Biden administration to use the $48 billion in broadband infrastructure spending overseen by the Department of Commerce‘s National Telecommunications & Information Administration as a way to restore net neutrality rules, at least for those government-funded network buildouts.

That's according to a letter to NTIA administrator Alan Davidson from Senators Richard Blumenthal (D-N.Y.) and Ed Markey (D-Mass.).

The Federal Communications Commission, under Trump-era Republican chairman Ajit Pai, eliminated its rules against blocking, throttling and paid prioritization, plus a catch-all rule that would allow the FCC to regulate conduct that did not fall under the other rules but that it concluded might hurt an open internet. Current chair Jessica Rosenworcel, a Democrat, would almost certainly like to restore those rules but lacks a majority, and Congress has been unable to agree on legislation establishing or defining the FCC‘s regulatory oversight of the internet.

In a letter advising Davidson on how to oversee that $48 billion, most of which is going to the states for their own projects, the two senators suggested NTIA‘s oversight of the money should include promoting “safeguards for the free and open internet.”

Blumenthal and Markey want NTIA to “implement measures that promote net neutrality as it fulfills its mandates under [the Infrastructure Investment and Jobs Act],” they said. The senators argue that such a set of neutrality principles were needed to “keep the internet open to all and free of discriminatory practices by powerful broadband providers” and to prevent those providers from “blocking or slowing down customers’ internet access; charging websites to reach users at quicker speeds; and instituting other unjust, unreasonable and discriminatory practices. These rules benefit consumers, promote free speech, and enrich the economy by making the internet a fair playing field where entrepreneurs and businesses of all sizes can thrive.”

The senators did not explicitly advise NTIA to put net neutrality conditions on the money, but their signal was clear. Both Blumenthal and Markey have been vocal proponents of net neutrality rules. ■

The National Telecommunications & Information Administration has begun handing out its billions in broadband subsidies through the administration's Broadband Infrastructure Program (the Infrastructure Investment and Jobs Act subsidies), which it says is going to unserved households, particularly in rural areas.

The NTIA has said it would prioritize the money to unserved households first, but the Biden administration has made it clear that it is factoring in price, speed and quality into the served-vs-unserved equation.

Also: OTI's Sarah Morris Joins NTIA

NTIA said Friday (Feb. 25) that it has awarded $277 million in 13 grants to a dozen states — Georgia, Kentucky, Louisiana, Maine, Mississippi, Missouri, Nevada, North Carolina, Pennsylvania, Texas, Washington, West Virginia — and the territory of Guam. NTIA says that will mean broadband to more than 133,000 unserved households.

The money is mostly for last-mile projects with a couple of middle-mile projects mixed in.

Also: Commerce Urges Broadband Spending on Fiber Workforce

“Thanks to the Bipartisan Infrastructure Law, we now have the opportunity to connect every unserved household in the country, ensuring that all Americans are able to participate in our 21st-century economy," Commerce Secretary Gina Raimondo said. [NTIA is an arm of the Commerce Department]. This is not only a win for American families who need and deserve high-speed, affordable internet for remote learning and telehealth services, but this also presents an incredible opportunity for American businesses and will make our country more competitive globally.” 

The NTIA will also be giving out $42.5 billion in broadband subsidies to the states through a separate infrastructure-related subsidy tranche. ■

The Biden Administration has tapped a veteran public interest advocate, Sarah Morris, to be senior advisor at the National Telecommunications & Information Administration, the President's top communications policy arm.

Beginning next week, Morris, who has been director of New America's Open Technology Institute, will advise NTIA head, Assistant Commerce Secretary Alan Davidson, himself a former OTI director.

OTI said that its chief of staff, Chhaya Kapadia (CQ) will be interim director.

Morris' over 10 years of experience working for greater broadband access and adoption, including heading up OTI's Cost of Connectivity studies, will come in handy as NTIA oversees some $42.5 billion in broadband subsidies in the Administration's infrastructure package.

Also: NTIA: Closing Digital Divide Is Job One

Before joining New America, Morris was with public interest law firm Media Access Project. ■

Alan Davidson, head of the National Telecommunications & Information Association (NTIA), told Congress Wednesday that closing the digital divide was priority number one for the Biden Administration's chief communications policy arm.

That is according to his prepared testimony for a House Communications Subcommittee NTIA oversight hearing February 16. NTIA has been charged with overseeing the vast majority of new broadband subsidies--$48.2 billion, most of which is going to states for their own individual connectivity and uptake efforts.

Davidson said priority number two is ensuring access to spectrum. NTIA oversees government spectrum users, or what Davidson called a "scarce federal resource."

Also: NTIA, FCC Agree to Formal Spectrum Coordination Regime

He promised to work toward a coordinated approach in tandem with the FCC. NTIA and the commission this week established a formal process for cooperation and information sharing after being at odds at times over issues like potential interference with GPS and vehicle-to-vehicle communications and air traffic safety systems from unlicensed spectrum use.

At the hearing he told Congress that NTIA and the FCC are working on a national spectrum strategy that will be an important part of their new cooperation.

In advance of the hearing, a quartet of senators called on NTIA to make job one of priority one accurate broadband availability maps.

In a letter to Davidson, more than a dozen legislators from rural states and both parties said closing the divide "all starts with getting the maps right" given that the FCC has "consistently overstated broadband coverage around the United States."

The FCC is aware of the problem and in the process of fixing it. FCC chair Jessica Rosenworcel has long argued for better maps before money, in this case tens of billions of dollars of subsidies among a number of programs, including COVID-19 recovery money and infrastructure money, in addition to a number of existing Universal Service Fund subsidies, like the Rural Digital Opportunities Fund (RDOF).

"[F]unding for deploying broadband infrastructure must be contingent on updated maps by the FCC," they told Davidson in a letter headlined by Sen. Joe Manchin (D-W.Va.) and Susan Collins (R-Me.). They also said the money must prioritize unserved locations before it is spent elsewhere.

Davidson told Congress that cybersecurity, privacy and "free and open communications" round out NTIA's priorities, including a more diverse 5G supply chain and accelerating Open RAN technology.

He added that undergirding all that was improving equity at home and competition on a global stage. ■

The FCC and National Telecommunications & Information Administration have announced a new initiative to improve their coordination of spectrum management, including holding formal, monthly meetings between the agency heads and letting the agencies observe the others' spectrum advisory arms.

That comes after the two agencies have sparred over issues including potential interference from 5G to vehicle-to-vehicle communications, GPS, and air traffic safety systems, and after Congress made it clear they needed to play better together in the spectrum sandbox.

Also: Lawmakers Lay Into Industry, Government, Over Spectrum Issues

The new initiative, according to the office of FCC chair Jessica Rosenworcel, means both sides will make an effort "to strengthen the processes for decision making and information sharing and to work cooperatively to resolve spectrum policy issues."

In addition to serving as the White House's chief communications policy advisor, NTIA, which is a part of the Department of Commerce, oversees government spectrum use just as the FCC does over commercial users. That is where the tension has come as the FCC frees up more spectrum for 5G in and alongside bands used for other purposes, including the Defense Department.

Rosenworcel's office said that she and NTIA head Alan Davidson had pledged to do the following:

· "Reinstate High Level Meetings. For the first time, the Chair of the FCC and the Assistant Secretary will hold formal, regular meetings, beginning monthly, to conduct joint spectrum planning. This will go above and beyond the existing statutory requirement, as well as the existing Memorandum of Understanding between the agencies, which provides that the Chair and the Assistant Secretary meet twice each calendar year.

· "Reaffirm Roles and Responsibilities. Building on NTIA’s statutory role as manager of the federal government’s use of spectrum, the FCC and NTIA will update the nearly twenty-year-old Memorandum of Understanding between the agencies to address gaps in government coordination and to better reflect today’s spectrum opportunities and challenges.

· "Renew Efforts to Develop a National Spectrum Strategy. To secure America’s leadership, the FCC and NTIA will collaborate to help inform the development of a national spectrum strategy, increase transparency around spectrum use and needs, and establish long-term spectrum planning and coordination.

· "Recommit to Scientific Integrity and Evidence-Based Policymaking. The FCC and NTIA will work cooperatively to develop processes for spectrum engineering compatibility analysis. These will include a compilation of principles, guidelines, accepted technical standards, interference protection criteria, propagation models, and other characteristics.

In written testimony for an NTIA oversight hearing in Congress Wednesday (Feb. 15), Davidson said: "As I stated during my confirmation hearing, I am committed to working toward a coordinated, national approach to spectrum use and planning to meet current and future demands."

· "Revamp Technical Collaboration. The FCC and NTIA will foster proactive technical exchange and engagement with industry and other federal agencies by participating in cross-agency advisory groups. To start, the FCC will participate as an observer in the Commerce Spectrum Management Advisory Committee, and NTIA will participate as an observer in the FCC’s Technological Advisory Council and the Communications Security, Reliability, and Interoperability Council." 

"WISPA welcomes the FCC’s and NTIA’s renewed commitments to improve U.S. government coordination on spectrum management," said Louis Peraertz, VP of policy for the wireless internet service providers association. "WISPA supports strong and updated procedures, coordination, and information sharing.  With both agencies at the forefront of the spectrum revolution, these efforts can only benefit our economy, promote competition, and spur technological innovation," he said. "This will enrich wireless consumers –especially those in rural, urban, Tribal and other areas where broadband connectivity is lacking."■

Republicans are pushing back on the Biden administration‘s expansive definition of the digital divide where billions of new broadband subsidy dollars can be spent.

The National Telecommunications & Information Administration is overseeing the distribution of the lion‘s share (about $48 billion) of $65 billion in the Biden bill's infrastructure broadband buildout money and has signaled that not only speed but price and quality of service will be part of the definition of where the money can go.

It sought input on how to hand out the money Republicans definitely had some.

Also: NTIA Advised to Let All Broadband Tech Flowers Bloom

In a letter to newly minted NTIA chief Alan Davidson, more than a dozen and a half Republican senators led by Sens. Chuck Grassley (R-Iowa) and Steve Daines (R-Mont.), said the money needs to be targeted to rural areas not currently served by broadband, not to areas that already have “reliable broadband infrastructure” or where ISPs have already committed to provide service using other government broadband subsidy programs, like the FCC‘s Universal Service Fund or the Department of Agriculture‘s subsidy programs for closing the rural digital divide.

“NTIA has an opportunity to make substantial impact on connecting rural America,” they wrote. “However, doing so will require that your agency outline rules that specifically prohibit overbuilding and that set clear criteria to ensure projects targeted at unserved areas are actually prioritized.”

Also: House GOP Leaders Seek NTIA Oversight Hearing

To do otherwise, they argued, “wastes federal funds on areas that do not need it, but also suppresses future deployment in communities in need of opportunities today.“

The Republicans are fighting an uphill battle. The Biden administration from the outset has made it clear that the affordability divide is part of the digital divide that money can help close.

Others signing on to the letter included Sens. Marco Rubio (Fla.), Thom Tillis (N.C.), Lindsey Graham (S.C.) and John Kennedy (La.). ■

The House Transportation and Infrastructure Committee’s Subcommittee on Aviation heard mostly from concerned aviation witnesses about safety issues related to the rollout of 5G wireless services in the C-band in a marathon hearing Wednesday (February 2) titled “Finding the Right Frequency: 5G Deployment & Aviation Safety.”

Federal agencies came under withering fire for failure to communicate over the issue. One legislator, though, suggested that it was a case of two sets of engineers at two different agencies — the Federal Communications Commission and the Federal Aviation Administration — not speaking the same language when they were speaking at all.

Legislators also pointed out that the C-band interference issue had been identified years earlier, but there was still a last-minute scramble and talk of catastrophic consequences.

The telecom industry and the FCC were hammered by committee leadership for putting the telcos’ bottom line before safety — and not just in regard to aviation, but also to automobiles and GPS reliability.

Also: Wireless Companies Agree to Modified C-Band 5G Rollout

Democratic and Republican senators set the contentious tone by saying there had been an extraordinary lack of communications and coordination among the FCC, the FAA and the National Telecommunications & Information Administration. The result, the lawmakers said, was ridiculous, embarrassing and inexcusable. AT&T and Verizon Communications delayed their 5G rollouts twice over fears towers close to some airports could cause interference to altimeters, and then had to agree not to light up 5G towers in proximity to airports with low visibility issues while the FCC and FAA attempted to resolve an issue legislators said they had years to hammer out.

Full committee chairman Peter DeFazio (D-Ore.) put much of the blame on the wireless industry, saying it had kept key data on tower heights and positioning proprietary — refusing to share that data even though it was requested by the FAA — and then only late in the process releasing data on its “secret towers and powers.” Only then did it become clear that 5G and altimeters were going to be a big problem, DeFazio said.

He also blamed the FCC for auctioning the C-band spectrum, adding it had also sold off half of the vehicle-to-vehicle spectrum despite arguments from the transportation industry that it was needed for auto safety. He suggested it was much more important to the FCC that consumers could stream HD while walking down the street. DeFazio pointed out that the FCC’s V2V decision had been taken to court and he hoped it would lose. 

Adding in a third FCC decision — to allow Ligado to launch a satellite-delivered broadband system near GPS spectrum — DeFazio suggested the agency was ignoring any consequences beyond the telecom industry‘s bottom line. “That has to change,“ he said, then clearly angry, he argued the country does not even regulate telecom anymore, “which is why we have the crappiest cell phone service in the world.”

“Having a dropped call is way less serious than having a dropped airplane out of the sky,“ DeFazio said.

After AT&T and Verizon paid billions for C-band spectrum — and after the FCC engineers cleared their 5G services for takeoff adjacent to bandwidth used by aviation — the telcos agreed to delay and adjust their use of that spectrum. They were responding to airline industry and FAA concerns that 5G could cause “catastrophic” interference to avionics systems, specifically altimeters used to tell planes how close they are to the ground while taking off or landing in poor weather.

As a result, and under strong pressure from the Biden administration, the wireless broadband providers also agreed to some “exclusion zones” around those airports until the issue can be resolved, including via the adoption of new altimeter standards.

In his testimony, FAA administrator Steve Dickson said the telecom industry was cooperating and providing data, and that he was confident the issue could be resolved. He said the wireless industry and aviation were working on new flight test data that will help going forward, including retrofitting avionics to make sure they are C-band resistant.

That will likely include informal and formal methods as more 5G is rolled out and as the FCC frees up more spectrum for 5G.

Testifying for the wireless industry, among the eight airline industry witnesses, was CTIA president Meredith Attwell Baker. Baker is arguably uniquely qualified to weigh in, since she has seen the spectrum issues from the various vantages currently in the mix as former head of the National Telecommunications & Information Administration (NTIA).

Baker said the industry was committed to both safe flights and robust and reliable C-band 5G. But she also suggested that the rollout delays of AT&T and Verizon came despite “all available real-world evidence” that 5G and altimeters could coexist.

She also put some of the blame on the media, saying “the press tried to pit the future of wireless versus aviation,” which she said was “always a false choice.”

Baker said that millions of Americans are both getting 5G service and flying safely thanks to hard work in the past few years and weeks, with engineers working together.

Dickson had said that based on the new data from wireless companies, the FAA was now refining the exclusion zones. Baker pointed out that, as of January 28, the FCC had cleared 90% of the commercial fleet for low visibility landings in the vicinity of C-band 5G networks, proving “coexistence is attainable.” She said she was committed to being a good partner with aviation and to getting the other 10% of the fleet cleared for takeoff and landing.

But Baker's bottom line was that "[t]he wireless industry remains confident that 5G poses no risk to air traffic safety but has taken these steps to allow the FAA time to evaluate altimeter performance with C-Band 5G."

Also: Airline CEOs Say C-Band 5G Rollout Could Mean Chaos

As to providing data, she said that AT&T and Verizon last fall had provided “vast and unprecedented access to their 5G network deployment designs, radiofrequency planning, and equipment performance.”

Playing something of the peacemaker, Dickson suggested that the delay in getting the data was that there was a “lack of understanding” of what data the FAA needed because the telcos had never had to produce it for the government before.

All sides agreed that 5G would continue to roll out, that aviation needed to be protected, and that such protection would require better coordination and communication going forward. That“s something they said was happening but with still "a lot of work to do."

Asked about what lessons the industry had learned, Baker said that they had followed the FCC rules back in March 2020 and how the altimeter issue did not get resolved before the C-Band auction she did not understand. She pointed out that she had worked at NTIA and that the interagency coordination process had worked on some "hairy spectrum issues."

She said that perhaps now that the FCC and NTIA have permanent leadership — NTIA administrator Alan Davidson and FCC chair Jessica Rosenworcel — they could “take a fresh look at what is working and what is not.” She said she hoped they would do that.

“NATE welcomes the leadership and testimony of Meredith Attwell Baker, President and CEO of CTIA before the House Subcommittee on Aviation," said Todd Schlekeway, president and CEO of NATE: The Communications Infrastructure Contractors Association. "Ms. Baker’s testimony made clear that the wireless industry and the Federal Communications Commission followed the science and real world usage of 5G services and the impact on aviation. “NATE urges policy makers to continually work together to advance 5G services and maintain America’s global leadership in wireless telecommunications that have allowed for telework and telehealth services and many other technologies that have helped Americans cope with a global pandemic.” ■

Alan Davidson, newly installed head of the National Telecommunications & Information Administration (NTIA), has named two new top officials to the agency.

NTIA, part of the Commerce Department, is the president's chief communications adviser and oversees government-owned spectrum in the same role the Federal Communications Commission has with commercial spectrum.

Davidson has named April McClain Delaney, formerly Washington director of Common Sense Media, as deputy assistant secretary of commerce for communications and information.

Former Chattanooga, Tennessee, Mayor Andy Berke has been named special representative for broadband. As mayor, he oversaw a number of digital equity programs and led a partnership to provide low-cost broadband to low-income residents on various government assistance programs.

NTIA has a big role in handing out the $65 billion in broadband subsidy money in President Joe Biden’s infrastructure law. That money includes funding for digital equity efforts and to deploy broadband to homes on government subsidies.

Davidson was sworn in as NTIA administrator on January 14. ■

Different groups are calling on the Biden Administration to use a technology-neutral approach to handing out billions in broadband funding as a way to make sure those buildouts can handle "differing levels of infrastructure as well as differing topographies and population densities."

In a letter to Alan Davidson, head of the National Telecommunications and Information Administration, the groups -- from ACT: The App Association and Connect America Now to Voices for Innovation -- argued against limiting which broadband technologies are eligible for the money.

The comments were in advance of Friday's deadline for weighing in on NTIA's administration of the vast majority of the $65 billion.

Also: White House Issues Guide to Broadband Billions

The administration has been signaling that it prefers fiber buildouts. But the groups said that everything from wired to wireless to fixed wireless to satellite broadband should have a shot at the money. That, they said, "allows for rapid deployment of broadband network solutions and maximizes the reach of government dollars in building networks and connecting consumers."

They argue that a tech neutral approach is the best one for several reasons, including that it gives providers the flexibility to use the most cost-effective approach, will help them deploy rapidly and cut down on the chance of overbuilding, though the administration is anticipating some of that overbuilding will happen in order to reach the unserved while staying in business.

The Infrastructure Investment and Jobs Act (IIJA) allocated about $65 billion for broadband, divided among more than a half-dozen programs.

That $65 billion was the Republican counteroffer to Biden's proposed $100 billion-plus in broadband funding.

The GOP’s $65 billion figure came from the $81 billion in revenue the FCC's C-band auction raised, minus the $16 billion it will cost for the repacking and reallocation of that spectrum. ■

The ranking member on the powerful Senate Commerce Committee wants the relationship between new FCC chair Jessica Rosenworcel and new NTIA head Alan Davidson to start out on the right foot.

In a letter to both, Sen. Roger Wicker (R-Miss.), called on the Federal Communications Commission and the National Telecommunications & Information Administration to work together to better coordinate spectrum policy.

The FCC and NTIA, under the Trump administration, were sometimes at odds over spectrum issues and how the government spectrum that the NTIA oversees could be shared or freed up for commercial 5G use while still protecting important government uses like radar and GPS.

Also: House Subcommittee to NTIA, FCC: Get on Same Page

Those tensions have resurfaced lately over Federal Aviation Administration concerns with interference to aviation safety systems in adjacent spectrum bands from new wireless users of C-band spectrum won at auction.

Rosenworcel, for her part, has already pledged to Congress to work cooperatively with NTIA.

In his letter, Wicker said, “In light of recent disputes over spectrum allocations, it is more important than ever that the FCC and NTIA work together to promote spectrum policy that best serves the dual goals of furthering commercial innovation and enabling the mission-critical operations of federal agencies.”

The FCC and the NTIA have a memorandum of understanding on how they will coordinate spectrum issues. Wicker said that 2003 arrangement needs updating since “it does not appropriately account for the dramatic changes in technology in the past 20 years.”

Wicker has a rooting interest in that update. He introduced a bill last year, the Improving Spectrum Coordination Act of 2021, that would require periodic updates of the MOU. ■

House Republicans are urging Democrats in control of the chamber to hold what they said is a long-overdue oversight hearing of the National Telecommunications & Information Administration.

NTIA will be overseeing billions of dollars in new broadband spending and is the Administration's voice in debates over how spectrum should be reclaimed/shared for 5G. NTIA oversees government spectrum users.

In a letter to House Energy & Commerce Committee chairman Frank Pallone (D-N.J.) and Communications Subcommittee chair Mike Doyle (D-Pa.), the ranking member of the committee and subcommittee, Cathy McMorris Rodgers (R-Wash.) and Bob Latta (R-Ohio) pointed out that there has been no oversight hearing since the 115th Congress (it is currently the 117th Congress).

Also: NTIA Seeks Comment on Handing Out Broadband Billions

"Given the new programs established across the federal government that provide hundreds of billions of dollars that can be used to support broadband access—including at the U.S. Department of Agriculture, the U.S. Department of the Treasury, the U.S. Department of Education, and the Federal Communications Commission—it is imperative that we understand how NTIA plans to track and coordinate these programs effectively," they said.

Republicans are worried, among other things, about the waste funding duplication, potential fraud and abuse, and government subsidized overbuilding of existing commercial providers.

They also point out that there continue to be disputes among federal agencies and commercial industry over spectrum. Most notably, though they do not identify any particular disputes, the current one over C-Band spectrum users potential interference to aviation systems.

"These decisions [about spectrum use] will only become more difficult as we work to make the United States a leader in next-generation technologies," they said. "Congress tasked NTIA to establish a spectrum information technology modernization plan to improve these spectrum management activities, and we need to hear from the Biden Administration about its progress on implementation." ■

Washington stakeholders were quick to weigh in after a somewhat divided Congress approved Alan Davidson as the new head of the National Telecommunications & Information Administration, including pledges of cooperation from FCC chair Jessica Rosenworcel.

NITA, a part of the Commerce Department, oversees government spectrum holders, is the President's top communications policy arm, and perhaps most importantly in the current broadband subsidy cornucopia out of Congress, will oversee some $48 billion in broadband subsidies, mostly to the states.

“Congratulations to Alan Davidson as he takes the helm of NTIA at an exciting time for broadband policy in the United States," said Rosenworcel, herself a recent confirmee to the top post at that agency. "The FCC and NTIA have worked together as partners in the past, and I look forward to building on that history with close cooperation in the future."

Actually, there has been some difference of opinion between the two agencies, particularly over the issues of potential interference to aviation and automotive systems as the FCC promotes sharing government spectrum, or adjacent spectrum.

"Among other things, I look forward to working together on spectrum policy that reflects our national priorities and offering support as NTIA prepares to distribute the largest broadband infrastructure investment in our nation’s history," Rosenworcel said.

The FCC used to be the 800 pound broadband subsidy gorilla thanks to its Universal Service Fund (USF) ongoing subsidies program, but NTIA's profile has been raised considerably due to infrastructure spending's infusion of tens of billions of dollars in new money.

“We congratulate Alan Davidson on his approval by the Senate to lead the National Telecommunications and Information Administration," said Michael Powell, president of NCTA – The Internet & Television Association. "Alan will play a critical role in overseeing the implementation of the billions of dollars of funding for broadband construction included in the Infrastructure Investment and Jobs Act. With the tens of billions of dollars dedicated to broadband infrastructure, America has an historic opportunity to accomplish universal connectivity but only if the funds are targeted where they are needed most and the program does not stray from its intent of connecting communities without robust broadband service.

"NTIA also plays an important role in advancing a balanced spectrum policy that serves the needs of licensed and unlicensed users as well as leading the development of a national policy on privacy and data," said Powell. "We look forward to working with Alan and the NTIA on these important issues and keeping America at the forefront of communications innovation.”

“With Alan’s extensive experience in the communications industry, we look forward to his leadership at NTIA during this critical time when the agency will oversee the most significant opportunity to close the digital divide and promote digital equity since the inception of the Internet," said Comcast chief legal officer Tom Reid.

“Charter congratulates Alan Davidson on his confirmation as Assistant Secretary of Commerce for Communications and Information and as Administrator of the National Telecommunications and Information Administration (NTIA)," said the cable ISP. "Under Mr. Davidson’s leadership, NTIA will undertake significant efforts to help close the digital divide and ensure that all Americans have access to reliable, high-speed internet service, and we look forward to working with him.”

"Mr. Davidson’s background as an executive at the Mozilla Foundation, an Obama Administration alum and former director of the Open Technology Institute means he understands how to pair good engineering with smart policy for the greater public good. We look forward to working with Mr. Davidson on crafting balanced policy that will fuel innovation and connect more Americans," said WiFiForward.

"[Davidson's] leadership on spectrum sharing solutions will help further public-private partnerships and growth for our dynamic member organizations," said National Spectrum Consortium chair Salvador D’Itri. "We look forward to working with Davidson and his colleagues as they advance smart spectrum policy."

"Frontier congratulates Alan Davidson on his Senate confirmation as Administrator of the National Telecommunications and Information Administration," said the company. "Throughout his career, Davidson has been a champion for open, affordable, and accessible broadband for all Americans, a priority we share at Frontier. We look forward to working with Administrator Davidson as he oversees the historic deployment of more than $48 billion for broadband deployment to ensure Americans have access to reliable, gigabit broadband service throughout the country."  

NATE: The Communications Infrastructure Contractors Association, whose members should be getting a ton of work from the broadband subsidy bonanza, added its applause.

"NATE congratulates Mr. Davidson on his confirmation,” said NATE president Todd Schlekeway. “Thanks to the federal infrastructure law, NTIA is charged with distributing historic levels of funding for broadband deployment and it is very important to have a talented leader overseeing efforts to distribute this funding and closing the digital divide. Mr. Davidson is committed to these efforts and has pledged to ensure broadband funds are deployed properly and that broadband deployment is technology neutral. NATE looks forward to being a partner in these efforts and supporting Mr. Davidson in his role as Assistant Secretary.”

“We wish to congratulate Alan Davidson and his family on his Senate confirmation to lead the NTIA," said Chip Pickering, CEO of INCOMPAS, adding: "This is one of the most important public service jobs in broadband history. A bipartisan Congress united to invest a record $65 billion into broadband that has the potential to transform America’s internet future. Done right, competition policy will be the driving force behind these investments, as competition has proven time and again to be the leading driver for faster speeds and lower prices that save consumers money and help small businesses grow." ■

The Senate voted Tuesday (January 11) to approve the nomination of open internet advocate Alan Davidson, a longtime executive with Mozilla and Google, to head the National Telecommunications & Information Administration, but there was plenty of Republican pushback.

As head of NTIA, Davidson will be responsible for overseeing $48 billion in broadband subsidy money authorized in the recently passed infrastructure act.

The vote was 60 to 31, with the majority of Republicans voting against confirming him to the post, though no Republican took the floor to speak against him. Among the Republicans who did vote "aye" was Commerce Committee ranking member Roger Wicker (R-Miss.), though Communications Subcommittee ranking member John Thune (R-S.D.) voted "no."

That vote came after an over-two hour cloture vote Monday (January 10) to advance the nomination to the full Senate for a vote, which signaled the vote would not be a bipartisan love-fest. 

Also: Jessica Rosenworcel Pledges Cooperation with New NTIA Chief

It also came after Sen. Maria Cantwell (D-Wash.). chairwoman of the Senate Commerce Committee that had referred Davidson's nomination to the Senate did come to the floor to speak in support.

She said Davidson understands the public and private sector issues, with a wealth of experience in both. She also said it was key to have more coordination of the billions of dollars in broadband subsidies the Congress has authorized--some $65 billion in new spending--across various agencies and state governments.

Cantwell said that coordination, with the FCC and Department of Agriculture among others--would take a skilled hand, and would also take balancing affordability and access issues, which Davidson understands.

She said there was much work to do in leveraging all that broadband money, but that nothing was more important than getting broadband to homes and securing the grid.

NTIA is the President's chief communications policy advisory arm and oversees government spectrum holders much as the FCC does for private licensees.

Davidson has been senior adviser at the Mozilla Foundation, billed as “a global nonprofit that promotes openness, innovation, and participation on the internet.” Before that he was VP of global policy, trust and security with Mozilla, which was the lead legal challenger to the FCC’s decision under Republican leadership to eliminate net neutrality rules.

He is also a former member of Google's policy shop, heading up government relations in Washington for seven years. He is also a nonprofit leader, having been the director of New America’s Open Technology Institute.

"Alan Davidson’s confirmation brings a tireless public interest advocate to the fore at NTIA at a time of unprecedented opportunity across the full range of the agency’s work," said current OTI director Sarah Morris. "I had the privilege of working with Alan during his time at OTI and know that his commitment to promoting an open and accessible internet for all runs deep." 

Morris echoed Cantwell's sentiments. "His knowledge and experience will be a key asset to NTIA as it works to close the digital divide, improve management of the airwaves, protect digital privacy, and improve coordination across government on a host of other tech policy issues." ■

The National Telecommunications & Information Administration, the lead agency overseeing the Biden Administration's tens of billions of dollars in new broadband subsidy aid authorized by the infrastructure bill, is seeking public input on just how to hand it out, primarily to states for their own broadband buildout efforts.

NTIA, the White House's chief communications policy adviser, has issued a request for comment, is handing out about $48 billion of the new law's roughly $65 billion.

NTIA is planning a series of virtual public listening sessions as part of its effort to collect input but is also letting stakeholders weigh in through the newly opened comment docket (www.Regulations.gov, NTIA-2021-0002).

The National Telecommunications & Information Administration's Office of Internet Connectivity and Growth (OICG) has released its first Access Broadband annual report, which makes clear the office is establishing itself as the primary actor in closing the digital divide, at least when it comes to government spending.

Since it is the inaugural report, a lot of it is about how the report will be done in the future and how the information will be collected. But one takeaway is that broadband funding touches a myriad of departments and agencies beyond the most familiar ones--NTIA, the FCC and the Department of Agriculture's rural broadband programs, so there will be a lot of coordinating to do as it oversees the Biden Administration efforts to achieve universal broadband by the end of the decade.

The office was created last July as part of the Consolidated Appropriations Act of 2021 with the charter to "engage in outreach and assistance for state, local, and tribal entities; track spending on federal broadband support programs and Universal Service Fund (USF) programs; streamline the applications process for financial assistance or grants for such programs; and coordinate with other agencies to enhance efficiency and minimize duplication of federal broadband support.

That spending amounts to tens of billions of dollars per legislation passed by Congress under Presidents Trump and Biden.

The biggest chunk of that is the Broadband Equity, Access, and Deployment (BEAD) Program, which is giving a whopping $42.45 billion to states to develop their own broadband plans and to build out infrastructure and promote adoption in unserved and underserved communities.

Also: FCC Launches Latest Billion-Dollar Broadband Subsidy

Congress also directed OICG to produce an annual report, which it has now done.

According to the report, OICG's core missions are 1) funding broadband infrastructure and digital inclusion efforts and tracking those investments, 2) leveraging data for decision making, 3) coordinating among states, tribes and the private sector, and boost broadband capacity in communities including by providing digital inclusion tools to further broadband equity.

Since it is the first report, much of it deals with setting up the parameters for future reports and the limitations of its findings given a lack of standardization of data across programs administered by the FCC, Department of Agriculture and NTIA. For example, it said its funding findings only reflect those who responded to its request for data and so, "should not be treated as a comprehensive view of the federal broadband funding landscape," so provide insight but not definitive data.

The report lays out the agency landscape for broadband investment across agencies' multi-use programs, which are ones where funds are eligible for broadband but don't have to be used for broadband. NTIA says those programs provide "critical broadband support to communities across the country."

They include:

The Appalachian Regional Committee. This agency, which is an economic development partnership of the federal government and a baker's dozen state governments whose goal is to create parity between that region and the rest of the nation, so broadband is "a core part of the mission," said OIGC

The U.S. Economic Development Administration (EDA), within the Department of Commerce. The EDA promotes world innovation and competitiveness, so broadband is a key component of that mission. It provides broadband funding through public works and economic and technical assistance programs.

The Department of Education. Broadband is a big part of DEA's mission to ready students for global competitiveness and, in a time of pandemic, to fund remote learning, which OICG said has now become "a prerequisite to engage with the education system."

Department of Housing and Urban Development. "A broadband connection is increasingly considered an essential tool in any house or apartment," the report said. "For several of its programs, HUD offers funding that can be used to provide broadband access in housing units and in some cases, the department requires that funding recipients make broadband accessible in their housing units."

Treasury Department. Treasury administers the Community Development Financial Institutions (CDFI) Fund is used to create economic opportunity for underserved communities. Within that is the New Markets Tax Credit (NMTC), which "incentivizes
community development and economic growth through the use of tax credits that
attract private investment to distressed communities," Broadband is one of the areas eligible for that NMTC investment.

Department of Labor. The department funds broadband as part of programs addressing job dislocation and training. The Employment and Training Administration (ETA) allocates funds to states for devices and broadband access "that will allow a participant to create or maintain a wireless connection for distance learning, searching for jobs, and other employment and training services where such services are already allowable."

NTIA concedes there will be many challenges in tracking federal broadband investments across all those agencies and more. Those include 1) the "significant variation" in how programs define "connection" and how they collect the data on speed, latency or capacity that the definition could entail; 2) agency "capacity and technology" constraints in providing the data the OICG needs; and 3) measuring outcomes for infrastructure that will take years to build out.

To make its job of data collection easier, or perhaps even achievable, OICG recommends: 1) To the extent practical, government agencies should adopt consistent standards and "harmonized definitions; 2) include broadband data requirements in agencies' already required reporting on the funds they award, which OICG said "could reduce duplicative, time consuming, and costly requests"; and 3) identify data sources and alternative sources, for example, better broadband availability mapping from the FCC, which is in the works. ■ 

Republican congressional leaders have reached out to key Biden administration agencies to make sure the billions of dollars in various broadband subsidy programs created by Congress goes to areas unserved by broadband, particularly rural areas, rather than to “duplicative and wasteful subsidized overbuilding.”

The definition of “access" is key, as Republicans generally define access as the availability of  “any” high-speed broadband service — definitions differ, but speeds of 25 Megabits per second downstream and 2 Mbps upstream are considered the low end. The Biden Administration, though, has suggested that price and competition can also be factored into the access equation, which would allow for upgrades where there is already service.

Republican lawmakers sent letters to the Federal Communications Commission, the National Telecommunications & Information Administration and the departments of Treasury, Agriculture and Education, making clear where they thought the money should go. They also requested an accounting of where any of the money from the CARES Act, American Rescue Plan Act and Consolidated Appropriations Act has gone.

Also: Commerce Says CARES Act Includes $1.5 Billion for Broadband

Signing on to the letters were Reps. Cathy McMorris Rodgers (R-Wash.), ranking member of the House Energy & Commerce Committee;  James Comer (R-Texas), ranking member of the Oversight and Reform Committee; and Kay Granger (R-Texas), ranking member of the Appropriations Committee.

The NTIA is the lead agency on most of the Infrastructure Act grants, overseeing the distribution of almost $1.5 billion for access for unserved areas, tribal lands and minority communities; $42.45 billion for broadband deployment; $2.75 billion for “digital equity” grants and $1 billion for middle-mile infrastructure.  

“As you work to allocate grants pursuant to these laws, we urge you to prioritize funding for unserved communities that lack access to any broadband connection rather than funding duplicative or upgraded service in areas that already have broadband access,” the lawmakers wrote.

Also: ISPs Team to Track Biden's Broadband Billions

The legislators want answers by Jan. 14.

Anong the questions they want the FCC to answer are how it is preventing duplication with other subsidy programs — including the Rural Digital Opportunity Fund (RDOF), which is giving out its own billions for broadband in rural areas — and how the commission is preventing the overbuilding of existing service.

The Senate Commerce Committee has voted to approve the nomination of open internet advocate Alan Davidson, a longtime executive with Mozilla and Google before that, to head the National Telecommunications & Information Administration.

Three Republicans voted against the nomination--John Thune (S.D.), Marsha Blackburn (Tenn.), and Tim Scott (S.C.).

NTIA, which is under the Department of Commerce, oversees government spectrum and is the president’s chief telecom policy adviser. NTIA has been given an expanded role in the administration's multibillion dollar subsidy effort to achieve universal broadband service. To that end, NTIA has created the Office of Internet Connectivity and Growth and the Office of Minority Broadband Initiatives.

Davidson has been senior adviser at the Mozilla Foundation, billed as “a global nonprofit that promotes openness, innovation, and participation on the internet.” Before that he was VP of global policy, trust and security with Mozilla, which was the lead legal challenger to the FCC’s decision under Republican leadership to eliminate net neutrality rules.

In the Obama administration, Davidson was the Commerce Department's first director of digital economy.

He is also a former member of Google's policy shop, heading up government relations in Washington for seven years. He is also a nonprofit leader, having been the director of New America’s Open Technology Institute.

Davidson and FCC nominee Gigi Sohn had their nomination hearings on the same day, but there was no vote Wednesday on Sohn's nomination, which is getting some major pushback.

Also: Washington Players Weigh in on Nominations

“NTIA is about to be supercharged with $42.5 billion in broadband deployment funding and will be at the fulcrum of connectivity policy over the next few years, so this is a super important development as Washington, states and the connectivity community look ahead to 2022 and the (complicated) implementation of the infrastructure law," said USTelecom president Jonathan Spalter.

“The agency needs a leader with not just private and public technology experience (which Mr. Davidson has), but a bold vision for 100 percent connectivity and a commitment to getting this funding out the door and into the right hands. He has that too. Here’s hoping the Senate acts ASAP and Mr. Davidson can be sworn in and get the show on the road.”

NATE: The Communications Infrastructure Contractors Association also praised the committee's approval of the Davidson.

“NATE is pleased that President Biden nominated Mr. Davidson to lead the National Telecommunications and Information Administration and supports swift action by the full Senate to confirm him as the Assistant Secretary of Commerce for Communications and Information,” said NATE executive Todd Washam. “During his confirmation hearing, Mr. Davidson pledged to coordinate closely with the Federal Communications Commission to ensure broadband funds are deployed properly. NATE is especially gratified for his commitment to ensure that broadband deployment would be technology neutral.” ■

Broadband fans were bringing out the pom-poms Monday (Nov. 15) in anticipation of President Joe Biden’s scheduled 3 p.m. (ET) signing of the $1.2 trillion infrastructure package that passed the Congress last week.

C-SPAN will be carrying the event live. 

Also: House Passes Infrastructure Bill with Broadband Billions

One thing to look out for is the prominence of Vice President Kamala Harris, who was deputized to head up the universal broadband initiative, in Monday's signing ceremony. The White House has been pushing back on a story Sunday night by CNN suggesting her staff feels she is not getting enough visibility.

Late Sunday, the president named former New Orleans Mayor Mitch Landrieu to oversee the infrastructure buildout, including broadband.

The bill includes about $65 billion for broadband deployment and uptake, including for rural and diverse communities, to go along with the billions of dollars more the Federal Communications Commission has already been handing out via previous COVID-19 relief legislation targeting schools, libraries, lower-income residents and telehealth providers.

Commerce Secretary Gina Raimondo has said that investment should be enough to provide the universal, affordable and equitable high-speed broadband service that Biden has promised, though wireless operators — the infrastructure money is targeted at fiber broadband — say it will take a lot more investment in mobile wireless broadband to truly close the divide.

The legislation also mandates a broadband “nutrition label” of sorts, so consumers can know what speed and quality of service they are getting at which price with what fees attached.

While the FCC has been the lead in previous broadband subsidy programs via its Universal Service Fund, the Commerce Department’s National Telecommunications & Information Administration will oversee the vast majority ($48 billion) of the new funding. Unlike the FCC, NTIA is not an independent agency but instead the President's chief telecom policy adviser.

“This is a big deal,” said Joshua Stager, deputy director of New America's Open Technology Institute. “Today’s law is the strongest action to close the digital divide that Congress has ever taken. … Importantly, the law embraces a comprehensive understanding of the digital divide by investing in broadband access, affordability, and adoption. This approach is both historic and holistic.

“We are especially grateful that the law mandates the creation of a broadband nutrition label, which OTI first proposed in 2009,” he added.

Stager took a shot at some broadband providers while putting in a plug for confirming FCC Democratic nominees. 

“[T]he work isn’t over,” he said. “This law must now be implemented in a smart way, without the loopholes that companies like AT&T and Comcast are so adept at driving trucks through. This gargantuan, years-long task is the responsibility of two agencies — the FCC and NTIA — that still lack Senate-confirmed leadership. The Senate must confirm Jessica Rosenworcel, Gigi Sohn and Alan Davidson immediately. It won’t be ‘infrastructure week’ until all three of these leaders are in office.”