Letter

We write to express our disappointment and opposition to your announcement that the Federal Communications Commission (FCC) will vote to reclassify fixed and mobile broadband as a telecommunications service under Title II of the Communications Act of 1934. Not only is this bad public policy, but it is also unlawful. Reclassification and the associated heavy-handed regulations that accompany this action continues to be a solution in search of a problem. We seek the following information by October 31, 2023:

While this is not the first time the Federal Communications Commission has pursued Title II regulation purportedly to address net neutrality, it is the first time the FCC has reached beyond the no blocking, degrading, or prioritizing principles to which broadband providers already adhere. The FCC is veering into the complex realm of cybersecurity and national security via top-down regulation rather than collaborative partnership, a choice many experts view with skepticism.

In 2021, Congress provided $65 billion to close the digital divide. The National Telecommunications and Information Administration (NTIA) is responsible for administering most of this money, including the $42.45 billion Broadband Equity, Access, and Deployment (BEAD) program, which will provide states grant money to award providers to deploy broadband networks in unserved and underserved areas. We are concerned about state plans that propose to use funds in ways that will not provide universal connectivity or that are contrary to law.

On October 10, 2023, Federal Communications Commission Chairwoman Jessica Rosenworcel provided Congress with an update on the Secure and Trusted Communications Networks Reimbursement Program.

The Benton Institute for Broadband & Society, Public Knowledge, Free Press, the United Church of Christ, OC, Inc. Leadership Conference, USC Gould School of Law and Office of the County Counsel, and the County of Santa Clara spoke with Federal Communications Commission General Counsel staff on Oct. 5, 2023, regarding net neutrality.

The Broadband Equity Access and Deployment (BEAD) Program's Notice of Funding Opportunity (NOFO) directs States and Territories to include in their Initial Proposals “a middle-class affordability plan to ensure that all consumers have access to affordable high-speed internet.” ACA Connects believes each State and Territory should provide a rational basis for its plan and justify its methodology.

Over 40 Republican senators signed a letter to Federal Communications Commission Chairwoman Jessica Rosenworcel urging her to abandon her proposal to reinstate net neutrality rules. Re-imposing heavy-handed, public-utility regulations on the internet, they wrote, would threaten the progress our country has made since 2017, and it would steer our country out of the fast lane and into a world of less competition, less choice, less investment, slower speeds, and higher prices. Further, the FCC lacks this statutory authority over broadband internet access.

As part of DISH’s involvement in the T-Mobile-Sprint transaction, and in connection with DISH’s related applications for an extension of time to complete construction of its facilities for its AWS-4, Lower 700 MHz E Block, and AWS H Block licenses, DISH committed to construct a nationwide 5G broadband network.

Federal Communications Commission Chairwoman Jessica Rosenworcel encouraged wireless carriers and industry associations to take the necessary steps to identity and develop a 988 georouting solution that could be deployed in wireless networks nationwide. The 988 Suicide and Crisis Lifeline is a national network of more than 200 crisis centers that helps thousands of people overcome crisis situations every day. These centers are supported by local and state resources as well as the U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration.

Having a high-speed internet connection—and the ability to use it—is critical to modern life. One major challenge persists: we can run fiber broadband to every home in North Carolina, but if the residents can’t afford the service, they still risk being left behind. Fortunately, Congress created a tremendously impactful tool to combat the high costs of internet service as part of the Infrastructure Investment and Jobs Act: the Affordable Connectivity Program (ACP). I urge you to reauthorize this critical program that makes internet access more affordable.