Analysis

Two concrete examples of rapidly growing broadband demand are schools and internet service provider (ISP) backhaul. A decade ago, there was a scramble to get gigabit broadband access to schools. Because of the use of the Federal Communications Commission’s (FCC) E-rate money, a lot of schools across the country got connected to fiber and were able to buy faster broadband. The original goal was to get a gigabit connection to each school, and almost every school in many states met that goal.

The 2nd US Circuit Court of Appeals in Manhattan ruled recently that federal telecommunications law does not stop states from regulating broadband rates. This was in relation to a 2018 law passed by the State of New York that required internet service providers (ISPs) to offer low-income rate plans for as low as $15 per month. ISPs appealed the new law, and a US District Court issued an injunction against the law. The recent ruling overturned that injunction and puts the law back into effect.

On June 6, initial comments are due in the Federal Communications Commission's recurring proceeding that assesses the state of competition in the communications marketplace, including broadband. In its last Communications Marketplace Report, published in December 2022, the FCC pointed to the potential for more competitive broadband markets.

CableLabs and Kyrio hosted a combined DOCSIS 4.0 technology and Distributed Access Architecture (DAA) Interop•Labs event April 15–18 at our headquarters in Louisville, Colorado.

Congress is currently deliberating changes to the E-rate program, and one proposal has raised eyebrows: requiring schools to ban social media access over their networks as a condition for receiving E-rate funding. While the intention—to protect children from social media risks—is commendable, we have reservations about using the E-rate program as a lever to address this issue.

Electric cooperatives serve 92% of the nation’s persistent poverty counties and are deploying broadband networks in many hard-to-reach parts of the country. The National Rural Electric Cooperative Association conducted a survey in the summer of 2023 that showed strong participation in and support for the Federal Communications Commission's Affordable Connectivity Program by member co-ops.

Congress included the ACCESS BROADBAND Act in the Consolidated Appropriations Act, 2021 and established the Office of Internet Connectivity and Growth (OICG) within the Department of Commerce’s National Telecommunications and Information Administration (NTIA). On April 30, OICG released its annual report detailing the office's work for 2023. OICG administers broadband programs created by both the Consolidated Appropriations Act and the Infrastructure Investment and Jobs Act. Four interconnected core pillars drive OICG’s initiatives, strategy, and key accomplishments:

On May 2, the Senate will hold a hearing on “The Future of Broadband Affordability.” The Affordability Connectivity Program (ACP) that provides subsidies for more than 20 million low-income households will expire in May. Without the extension, these families will see the cost of the internet service increase by up to $30 per month and prompt some families to drop internet service altogether.

The Federal Communications Commission lawfully fined U.S. facilities-based wireless carriers nearly $200 million for selling highly intrusive location data about subscribers without their “opt-in” consent. In Section 222 of the Communications Act, Congress comprehensively specified how the carriers bore an affirmative duty of care not to disclose clearly defined Customer Proprietary Information (“CPNI”).  The Act explicitly required the FCC, and no other agency, to protect telecommunications consumers.

 There are several important changes to the broadband industry that came out of our collective pandemic experience.