Infrastructure Investment and Jobs Act

On Monday, March 18, 2024, Federal Communications Commission Chairwoman Jessica Rosenworcel, FCC Commissioner Geoffrey Starks, and Congresswomen Yvette Clarke (D-NY) urged action to continue the Affordable Connectivity Program (ACP).

Altice USA was awarded Rural Digital Opportunity Fund (“RDOF”) funding to deploy 100/20 Mbps service to 18 census block groups (“CBGs”) in Louisiana. Now Altice notifies the Federal Communications Commission of its plans to surrender its awarded RDOF areas in Louisiana. Altice had begun connecting unserved locations in its RDOF areas.

Congress is spending $65 billion to connect the rural United States to the world. Orangeburg (SC) knows the stakes better than anywhere. Like hundreds of rural counties across the US, Orangeburg is ignored by commercial broadband service providers who think it’s not profitable to lay fiber optic lines in the area. In the absence of service from companies like AT&T, Comcast, Verizon and Charter, counties and small towns in rural America could build broadband networks for their residents themselves, which can make the difference between prosperity and poverty.

A group of 33 senators urged Senate leadership to include funding for the Affordable Connectivity Program (ACP) as part of future must-pass legislation, including the next government funding package. We write to urge you to take immediate action to fund the Affordable Connectivity Program (ACP) and the Secure and Trusted Communications Networks Reimbursement Program. Both of these programs are vital for closing the digital divide, by making connectivity affordable to millions of working families and ensuring providers are able to continue serving rural communities.

Created by Congress in 2020 and renewed in 2021, the Affordable Connectivity Program (ACP) is helping 23.3 million households afford internet access. But funding for ACP—the largest, most successful internet affordability program in US history—is set to expire on May 30, 2024. This week, President Joe Biden proposed short- and long-term funding solutions in his budget. And a House bill to provide funding through the end of 2024 had 180 cosponsors in the House of Representatives.

There’s a lot of talk about how the Rural Digital Opportunity Fund (RDOF) might make a mess of things with the Broadband Equity, Access & Deployment (BEAD) program. That’s because if a location is covered by an RDOF award, then it’s ineligible for a BEAD grant. Unfortunately, many RDOF awardees have officially defaulted on their obligations to build fiber, or they just haven’t made any progress in deploying the fiber.

On March 14, the Federal Communications Commission adopted its annual assessment of whether broadband is being deployed in a reasonable and timely fashion.

Sens Ted Cruz (R-TX) and Mike Lee (R-UT) led a group of 19 senators in introducing a Congressional Review Act (CRA) joint resolution of disapproval to nullify the Federal Communications Commission’s (FCC) so-called “Digital Discrimination” order.

Even though there are enough Republicans in Congress to pass an extension of the soon-expiring Affordable Connectivity Program, industry observers are pessimistic about its passage. Because House Speaker Mike Johnson (R-LA) is not supportive, said Blair Levin, the measure is unlikely to get a vote before the House of Representatives. Paul Gallant, a technology policy analyst for investment bank TD Cowen, agreed. “Congress is probably going to do nothing,” said Levin. "If it were to hit the floor, it would pass, and I don’t think Speaker Johnson is going to let it go to the floor.

On Day 2 of Connected America, a surprise guest took to the stage to issue a rallying cry for affordable connectivity across the USA. Austin Bonner, Deputy US CTO from the White House Office of Science and Technology Policy, warned that 23 million people stood to lose affordable connectivity if the Affordable Connectivity Program’s (ACP) funding is not renewed and urged a divided Congress to make additional funding a priority. Despite only around half of eligible households taking advantage of the program, funding is running out.