At the end of 2019, Congress passed the Revitalizing Underdeveloped Rural Areas and Lands (RURAL) Act, fixing a tax law change that threatened to raise rates and delay the expansion of broadband for rural cooperative members across the country.

Passage of the RURAL Act ensures that cooperatives can accept federal funds for broadband deployment, disaster relief, and other efforts without risking their nonprofit tax exempt status. A change in the 2017 tax law would have labeled these funds as revenue for the first time, potentially causing co-ops to exceed the allowable percentage of non-member income they must maintain to remain tax exempt.

After Senators Tina Smith (D-Minn.) and Rob Portman(R-Ohio) and Representatives Adrian Smith (R-) and Terri Sewell (D-Ala.) introduced the bipartisan bill in April, it attracted 55 additional cosponsors in the Senate and more than 300 in the House. It was eventually incorporated into the consolidated appropriations act and signed into law in December.

“Obstacles From the Federal Government”

We described the possible impact of the 2017 tax law change on rural cooperatives over a year ago, when Senator Smith first brought the issue to our attention.

Failure to remedy it would have forced some co-ops to choose between continuing with desperately needed broadband and disaster recovery projects and increasing their members’ rates. Northwestern Electric Cooperative CEO Tyson Littau described the difficulty of that decision to the National Rural Electric Cooperative Association (NRECA):

Do we rebuild and try to strengthen our distribution system and pay the taxes, or do we delay the mitigation project that would improve 1,200 miles of line throughout our territory? I think we have a responsibility to the membership to improve the system for the future.

As federal, state, and local leaders increasingly recognize the need to make Internet access universal, they are also realizing that adoption is a separate issue. Programs such as the ReConnect and Connect America Funds I and II Auction have helped to expand infrastructure, but even in places where Internet access has been available for years, 100 percent of households do not subscribe. In an effort to better understand digital equity, the House Subcommittee on Communications & Technology of the Committee on Energy and Commerce recently sat down to listen to experts on digital equity. They discussed common misconceptions, hurdles that make wide-scale adoption difficult, and offered policy recommendations to help us achieve digital equity.

Not Only a Rural Problem

Angela Siefer, Executive Director of the National Digital Inclusion Alliance (NDIA) described how her experience as a digital equity warrior has changed from working with people to learn the basics of computer use to the additional problem of helping people get online. Angela's statement addressed some of the most common myths associated with the digital divide that NDIA, through boots-on-the-ground research, has discovered, including:

The digital divide is a rural problem: Census results show that populations in urban areas do not have Internet access subscriptions of any kind; these are often low-income households.

5G will bridge the digital divide: Lack of infrastructure and devices deployed in areas where existing problems with digital inclusion continue with regards to this new technology.

People don't subscribe because they don't think the Internet isn't valuable: Accomplishing day-to-day tasks often require access to the Internet, which is a fact not lost on those who don't subscribe, but the cost is out of reach for many of those same people.

In July, the Community Affairs Department of the Federal Reserve Bank of Kansas City released Disconnected: Seven Lessons on Fixing the Digital Divide, a report that touches on Internet access, adoption, and affordability. Overall, this is an insightful primer on the digital divide and how banks can help. 

The CRA and the Digital Divide

Banks have a responsibility to invest in disadvantaged communities under the Community Reinvestment Act. The report broadly outlines the state of high-speed Internet access, including the differences between rural and urban access problems, and explains why the digital divide remains so persistent.

Part of the problem is that our data on Internet access and adoption is woefully lacking. The report includes a section on how FCC data overstates coverage and compares it to the ways Microsoft has attempted to verify actual home Internet connections: 

“The FCC’s data measure availability of broadband while the Microsoft data measure broadband usage. The company shared its analysis with the FCC, which is looking at how it might improve its broadband measurements. While the FCC says 24.7 million Americans lack access to broadband, Microsoft found the actual number was 162.8 million.” (P. 26)

Another related problem that the report identifies is that the technology needed for high-speed Internet access seems to be constantly changing. Companies do not continue to invest consistently in rural or low- and middle- income communities, leaving both with last-generation networks. At the Institute for Local Self-Reliance, we've learned from years of research that fiber connectivity has the ability to meet current and future needs.

Closing the Digital Divide

Expanding high-speed Internet access can expand access to banking. The report notes that:

“Among low-income households, research by the Federal Reserve Bank of Kansas City shows that lacking Internet access has a higher correlation to being unbanked than a variety of other characteristics, including employment status and race.” (P. 11) 

Earlier this week, Presidential hopeful Elizabeth Warren released her Plan to Invest in Rural America, which contained a framework for improving broadband policy and expanding high-quality Internet access.

You can read her full plan on Medium.

Funding Needed, Spent Wisely

Some of Warren’s goals for proposed policy changes include:

• Passing federal statute that ensures municipalities have the right to invest in network infrastructure
• Ending anti-competitive behavior from big corporate Internet access companies that engage in activity designed to reduce competition
• Pass a Digital Equity Act, which will provide $2.5 billion over 10 years to states in order to help them develop digital inclusion projects

Warren’s plan also focuses on financing infrastructure development in rural areas, and creates some guidelines to address the problems with the current system. Her plan includes:

• Dedicating $85 billion to expand broadband networks with grant funds awarded exclusively to cooperatives, non-profit organizations, tribes, and local government
• Funding will be reserved for regions that are unserved, underserved, or where there is minimal competition
• Grants will only go to projects that offer one discount plan and must include a 100 Mbps symmetrical tier, along with specific requirements for low-income subscribers
• $5 billion will be earmarked for grants to projects that will benefit people on tribal Native American lands

Improving the FCC

Warren also wants FCC Commissioners who will restore network neutrality protections and improve mapping. By making changes in the FCC’s Office of Native Affairs and Policy, Warren plans to further attack the digital divide for indigenous people.

Read more of Elizabeth Warren’s Plan to Invest in Rural America at Medium.

Last November, we reported on a change to the tax code that is deterring rural telephone and electric cooperatives from leveraging government funding to expand broadband access. We were alerted to the issue by the office of Senator Tina Smith (D-MN), who sent a letter to Treasury Secretary Steven Mnuchin and IRS Commissioner Charles Rettig requesting that they remedy the issue and announcing her intention to introduce corrective legislation.

Federal elected officials have introduced such a measure, called the Revitalizing Underdeveloped Rural Areas and Lands (RURAL) Act. Senator Smith together with Senator Rob Portman (R-OH) introduced the Senate version of the bill, S. 1032, in early April, followed by Representatives Terri Sewell (D-AL) and Adrian Smith (R-NE), who introduced a companion bill, H.R. 2147, in the House a few days later. The RURAL Act would ensure that co-ops, which are many rural communities’ only hope for better connectivity, could take full advantage of federal and state funding for broadband networks.

Addressing Legal Ambiguity

*Update: After amending the bill significantly, SB 150 passed through the Arkansas Senate to the House. We were initially excited because the original version of the bill reinstated local authority to develop publicly owned broadband networks. The amendment adopted in Committee, however, changed the bill to only allow communities that apply for and receive grants and loans to invest in community networks and only to specific areas and at the speeds defined in those grants and loans. We still consider it a step in the right direction, but the move forward is miniscule. Read the amended bill here.*

This session, a new force in the Arkansas State Legislature — the Republican Women’s Legislative Caucus — has decided that they’ll take on the issue of poor connectivity. As part of their “Dream Big” initiative, they’ve introduced SB 150, a bill to restore local telecommunications authority.

"Dreaming Big" Means Bigger Broadband

The bill was introduced on January 23rd along with a suite of four other bills aimed at a variety of issues, including juvenile justice and education. Senator Breanne Davis of Russellville is the lead sponsor of SB 150, which would repeal restrictions preventing communities from developing broadband networks. Current law has an exception for communities that have a municipal electric utility but if SB 150 is adopted, any government entity will be able to offer high-quality connectivity.  

Legislators are focusing on opportunities for local communities to partner with private sector ISPs as a way to solve some of the poorest access to broadband in the country. They're also emphasizing that, if no partner wants to work with a government entity, this bill will allow a city, town, or county to invest on their own.

In a recent conversation with Talk Business & Politics, Davis described the impetus and goal of the bill: 

While 97 percent of Georgia’s urban population has access to broadband, the urban-rural digital divide in the state remains stark and only 70.9 percent of the rural population has that access. Considering estimates are based on self-reported data from incumbent providers and determined broadly by census block, the data overstates the reality on the ground. Representative Doug Collins from Georgia’s 9th congressional district is now leading the charge to mitigate this disparity, not only in his home state but in rural regions throughout the country. In a recent “Dear Colleague” letter, the top Republican on the House Judiciary Committee stated his intentions of introducing the CAF (Connect America Fund) Accountability Act at the start of the 116th Congress. Collin, a Republican representing Georgia's 9th District, introduced H.R. 427 on January 10th. If passed, the bill will create stricter requirements for the Federal Communications Commission (FCC)’s broadband infrastructure funding under CAF.

Reaching for Accountability

CAF was designed to subsidize network deployments in unserved rural areas, which have often been overlooked due to the high expense of constructing infrastructure for few and scattered populations. While many providers that have received this funding have used it properly, as Collins stated, “others have taken taxpayer dollars but failed to fulfill their obligations to their consumers… instead using taxpayer dollars ineffectively or inappropriately – turning their backs on those families at the last mile.”

Currently, CAF recipients are required to provide speeds of at least 10 Mbps download and 1 Mbps upload. While this threshold is well below the current FCC definition of “broadband” service of at least 25 Mbps/3 Mbps, Collins noted that in his home district of Northeast Georgia, a region where a majority of ISPs are CAF recipients, consumers report speeds that are “consistently abysmal, sometimes not even reaching 3 Mbps downstream and 1 Mbps.”