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House Commerce Committee Leaders Open Investigation into NTIA’s BEAD Program
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House Commerce Committee Leaders Open Investigation into NTIA’s IIJA BEAD Funding Deployment, Citing Abnormal Lack of Transparency and Allegations of Rate Regulation

On July 9, Reps Cathy McMorris Rodgers (R-WA), Bob Latta (R-OH), and Morgan Griffith (R-VA) sent a letter to Assistant Secretary of Commerce and National Telecommunications and Information Administration (NTIA) Administrator Alan Davidson regarding concerns that NTIA is unlawfully pressuring states to rate regulate low-cost broadband plans required by the Broadband Equity, Access, and Deployment (BEAD) Program. “States have reported that the NTIA is directing them to set rates and conditioning approval of initial proposals on doing so. This undoubtedly constitutes rate regulation by the NTIA. Indeed, one state publicly posted the NTIA’s feedback that the agency would not approve their initial proposal without ’an exact price or formula’ for the state’s low-cost option. Without visibility into the approval process, Congress in unable to determine how widespread this practice is. When asked about this at oversight hearings, your responses have failed to provide clarity.”

On July 9, a House subcommittee held a hearing to get an update on how the Federal Communications Commission (FCC) is addressing some of the most pressing broadband issues in the country. Here’s what the FCC had to say:
- Mapping: How does the FCC plan to deal with ISPs that overstate their coverage? Chairwoman Jessica Rosenworcel stressed the Commission will take action against providers that overstate coverage “in a willful, malicious and dishonest way.” But incidental overstatements also exist, and that’s where states can help.
- Affordable Connectivity Program: The government’s Affordable Connectivity Program (ACP), which provided a low-cost internet option to more than 23 million households, expired at the end of May. Asked by Rep. Doris Matsui (D-CA) what the FCC is doing to “secure the progress made by ACP,” Chairwoman Rosenworcel said the Commission has reached out to its “outreach partners to make sure that they are aware of alternatives.”
- Preventing Program Overlap: There’s a lot of buzz around the Broadband Equity, Access, and Deployment (BEAD) program, but the Rural Digital Opportunity Fund (RDOF) is also chugging along despite defaults. Although the FCC not letting providers off the hook for paying default penalties, it encouraged them to default sooner rather than later so states can receive the necessary info for BEAD planning.
FCC Chairwoman Rosenworcel's Response to Members of Congress Regarding the 5G Fund for Rural America

On April 24, members of Congress wrote to Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel to "urge the FCC to carefully consider and account for the impact of investments funded by the Infrastructure, Investment and Jobs Act (IIJA) to maximize the reach and efficiency of the 5G Fund." On July 2, Chairwoman Rosenworcel responded, agreeing that it is critical to maximize the efficiency and impact of federal broadband programs. "In evaluating the impact of the BEAD program on our implementation of the 5G Fund, the Commission is actively coordinating with other governmental agencies, including the National Telecommunications and Information Administration (NTIA). To this end, we are focusing on ensuring that 5G Fund support does not duplicate BEAD funding efforts, but rather leverages BEAD funding to amplify the reach of the 5G Fund."

Starting in February 2021, the Federal Communications Commission embarked upon an agency-wide effort to implement a new Broadband Data Collection (BDC). The BDC is a fundamental change from the FCC’s prior efforts to collect broadband data. As required by Congress in the Broadband Deployment Accuracy and Technological Availability (DATA) Act, the Commission’s rules now require that fixed broadband service providers report broadband availability on a location-by-location basis, and that mobile wireless broadband service providers report their coverage areas using standardized propagation modeling parameters. The BDC also includes—for the first time—mechanisms for entities and individuals to challenge the data on the FCC’s new National Broadband Map (NBM), as well as requirements for the Commission to verify and audit data submitted through the new collection. in this Fourth Report and Order, the FCC adopts rules to codify the challenge process deadline required by the Bipartisan Infrastructure Investment and Jobs Act (IIJA), as well as provide a specific delegation of authority to the Office of Economics and Analytics (OEA), in coordination with certain other bureaus and offices, to conduct audits of broadband data submitted by providers as required under the Broadband DATA Act. The FCC also makes ministerial edits to the existing rules to reference the Broadband Data Collection or BDC.

The Benton Institute for Broadband & Society, in collaboration with the Department of Education’s Office of Educational Technology, recently hosted a webinar series titled the Power of Partnership: State Strategies for Digital and Educational Equity. Featuring North Carolina, New Mexico, and Maine, the series highlighted states that have made significant commitments to partnering with educational institutions as part of their state digital equity plans. Across the three states, a few themes emerged in common. First, educational institutions are assets when serving covered populations. Second, building and maintaining partnerships is key. And finally, digital and educational equity are inextricably linked.

In April 2024, AT&T learned that customer data was illegally downloaded from our workspace on a third-party cloud platform. The company launched an investigation and engaged leading cybersecurity experts to understand the nature and scope of the criminal activity. Based on its investigation, the compromised data includes files containing AT&T records of calls and texts of nearly all of AT&T’s cellular customers, customers of mobile virtual network operators (MVNOs) using AT&T’s wireless network, as well as AT&T’s landline customers who interacted with those cellular numbers between May 1, 2022 - October 31, 2022. The compromised data also includes records from January 2, 2023, for a very small number of customers. The data does not contain the content of calls or texts, personal information such as Social Security numbers, dates of birth, or other personally identifiable information. At this time, AT&T does not believe that the data is publicly available.

A Q&A with Jenna Leventoff, a senior policy counsel for the American Civil Liberties Union. What’s one underrated big idea? Section 230 [of the 1996 Communications Decency Act], which is both underrated and underappreciated. What’s a technology you think is overhyped? AI is both overhyped and a little bit under-hyped. What book most shaped your conception of the future? “To Paradise” by Hanya Yanagihara. What could government be doing regarding technology that it isn’t? The government should be making sure that every person has access to a computer or a tablet. What surprised you most in the past year? What Congress did and didn’t pass
Benton (www.benton.org) provides the only free, reliable, and non-partisan daily digest that curates and distributes news related to universal broadband, while connecting communications, democracy, and public interest issues. Posted Monday through Friday, this service provides updates on important industry developments, policy issues, and other related news events. While the summaries are factually accurate, their sometimes informal tone may not always represent the tone of the original articles. Headlines are compiled by Kevin Taglang (headlines AT benton DOT org), Grace Tepper (grace AT benton DOT org), and Zoe Walker (zwalker AT benton DOT org) — we welcome your comments.
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