Nicole Ferraro

Whether or not the US closes its digital divide may come down to the fate of the Affordable Connectivity Program (ACP): the $14.25 billion program currently subsidizing broadband by $30/month for over 15.7 million households (up to $75 on tribal lands). That's the view of the National Urban League (NUL).

The Second Circuit Court of Appeals heard oral arguments in a case regarding New York's Affordable Broadband Act, a 2021 law that would have mandated that internet service providers (ISPs) offer a $15 service option for low-income consumers. That law, signed by former Governor Andrew Cuomo (D-NY), was quickly put on ice when industry groups representing ISPs sued the state. But New York appealed that decision, with support from consumer groups and other states, bringing the parties back to court.

The National Telecommunications and Information Administration (NTIA) has made multiple announcements releasing funds to help states develop plans for the Broadband Equity, Access and Deployment (BEAD) program. With dollars in hand or incoming, a ticking clock, and few internal resources, several states are now turning to consultants for help. States have 270 days from receipt of planning funds to submit a five-year action plan to NTIA on how they will structure their BEAD and digital equity programs to close their digital divides.

The 117th Congress is nearing its end. There are still several broadband policy issues and related matters for Congress to sort out. Meanwhile, the current Congress has few working days left in 2022—and still needs to pass a budget for 2023—and it's unclear how much legislation will reach President Biden's desk when Republicans gain the House majority in January. Here are two policy matters to watch for the remaining days of this Congress:

With just over a month remaining until the Federal Communications Commission's deadline for broadband map challenges, the Schools, Health & Libraries Broadband (SHLB) Coalition is raising concerns over how the map displays community anchor institutions (CAIs) and is asking the FCC to revise its process.

Louisiana officials have rejected a protest from Cable One's Sparklight which aimed to stop the state from awarding a $4 million grant to Conexon to build fiber broadband to 851 locations in East Carroll Parish (LA). Conexon was one of several service providers to receive broadband infrastructure grants through Louisiana's Granting Unserved Municipalities Broadband Opportunities (GUMBO) program as part of a $130 million funding round.

According to publicly available information on state and local ballot initiatives up for a vote in 2022 elections, broadband is on the ballot statewide for voters in Alabama and New Mexico, as well as for some voters in Colorado. Voters in Alabama will weigh in on the "Broadband Internet Infrastructure Funding Amendment," which, if approved, will amend the state's constitution "to allow local governments to use funding provided for broadband internet infrastructure under the American Rescue Plan Act (ARPA) and award such funds to public or private entities." Voters in New Mexico have a simi

Small broadband providers in the rural US are scrambling to meet a September 1 deadline to submit coverage data to the Federal Communications Commission (FCC) or risk being locked out of the $42.45 billion Broadband Equity, Access and Deployment program (BEAD). FCC Chairwoman Jessica Rosenworcel opened the agency's broadband data collection portal on June 30. The data requested will inform the first draft of a new federal broadband coverage map, which states will then have the opportunity to challenge with their own data.

Rural residents in upstate New York will soon benefit from a municipal open access fiber network, courtesy of the state's new $1 billion ConnectAll grant program and many years of advanced planning by local county officials. Back in May 2022, New York Gov Kathy Hochul (D-NY)'s office announced a $10 million pilot project as the first to be funded through ConnectAll. The initial pilot would target fiber builds in the village of Sherburne in Chenango County, the town of Nichols in Tioga County, the town of Diana in Lewis County and the town of Pitcairn in St. Lawrence County (NY).

While the National Telecommunications and Information Administration's notice of funding opportunity prioritizes fiber builds for those applying for Broadband Equity, Access, and Deployment (BEAD) Program grants, a "high-cost threshold" exception has been a point of concern for fiber advocates like the Fiber Broadband Association (FBA) CEO Gary Bolton. That threshold is a cost, to be set by the states, at which they may choose not to prioritize end-to-end fiber deployment. FBA is trying to make sure the states and territories writing up their funding plans keep that threshold as high as pos