Brookings Institution

The ongoing challenge of regulatory oversight in an era of rapid technological change is to maintain the flexibility to deal with unanticipated developments. What is essential for the future of meaningful net neutrality, therefore, is the agility to adjust to new technology and new marketplace behaviors.

The digital divide and internet equity is more about consumer adoption than it is about network deployment. This paper addresses the adoption problem, how it has been exacerbated by the Trump Federal Communications Commission, and how the Biden FCC will be called upon to think anew and reprioritize in order to connect more Americans. Trump FCC systematically and stealthily worked to weaken the Lifeline program. The Biden FCC’s Build Back Better opportunity for broadband access for low-income Americans has multiple opportunities to reverse that neglect.

Three institutional and strategic problems that President Joe Biden’s Federal Communications Commission will have to resolve:

For some time, many experts have been warning that the universal service funding system is in a death spiral, as the base on which the fees are assessed—generally a telecom company’s interstate and international end-user revenues—is shrinking. The new Federal Communications Commission is forced to consider a rising assessment on a shrinking revenue base to address an increasing demand, with Ajit Pai’s FCC having not done any of the analytic, political, or legal work necessary to make adjustments. Pai was willing to spend billions to address the needs of rural communities lacking broadband.