Digital inclusion advocates are bracing themselves for an uncertain year ahead.

As the incoming GOP regime takes aim at key aspects of the Digital Equity Act (DEA) and the BEAD (Broadband, Equity, Access, And Deployment) program, those working to bridge the digital divide have more questions than answers just as states are preparing to dole out federal grant money yet to be awarded to grant recipients.

One major question looming over both BEAD and the Digital Equity Act is whether a new Congress can leverage the Congressional Review Act – a tool Congress can use to overturn certain federal agency actions – to undermine the 2021 bipartisan infrastructure law behind the national “Internet For All” initiative.

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“The Congressional Review Act only applies to things that were adopted in the last six months. I know that there were a number of things the FCC did to make sure that they were done and would be non-reviewable under the CRA and I suspect NTIA did that as well (with BEAD),” former FCC Chief of Staff and now New Street Research policy advisor Blair Levin said during our final Building For Digital Equity (B4DE) livestream of 2024.

In the wake of the election, and with potential major changes ahead for the national "Internet For All" effort, many in the broadband world are wondering: where do we go from here?

That's what the next Building For Digital Equity (#B4DE) livestream event seeks to answer, inviting you to wear your ugly sweater, join the free virtual gathering, and dive into what a post-Biden administration broadband world may look like.

Slated for December 16, 2024 from 3 to 4:15 PM ET, the "Reflect, Recharge, Reach Forward" themed livestream promises to offer penetrating insights and practical ideas on the way forward.

Registration is now open here.

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Co-hosted by Institute for Local Self Reliance (ILSR) Community Broadband Networks Initiative and the National Digital Inclusion Alliance (NDIA), the popular (and free) online event will feature two prominent figures in this space: NDIA Executive Director Angela Siefer and New Street Research Policy Advisor Blair Levin.

Though Northampton, Massachusetts residents still broadly support the construction of a city-owned municipal fiber broadband network, city officials are celebrating the arrival of Gateway Fiber, which will soon be delivering a more affordable fiber option, and more broadband competition, to the traditionally underserved city.

Gateway Fiber recently unveiled plans to deliver multi-gigabit speeds to large swaths of the city. The company, which will finance the entirety of the build, says it’s already invested $3 million in the project so far.

It’s a welcome arrival for a city that’s been frustrated by substandard service provided by regional telecom monopolies, and flirting with the idea of its own municipal broadband network for the better part of the last decade. Some of the city’s efforts on this front have made it easier for providers like Gateway to serve the city of 29,000.

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“While we don’t have a final cost estimate for the project, it will be a multi-million-dollar investment that will benefit both residents and small businesses in the Northampton area,” Gateway Fiber representative David Workman tells ILSR. “The project is 100 percent funded by Gateway Fiber, and we are also exploring grant opportunities that can be used to address digital equity.”

A recent U.S. News And World Report survey of U.S. broadband subscribers shows that Americans are increasingly paying more money for broadband access.

The survey also indicates broad public support for the recently defunded Affordable Connectivity Program (ACP), and other government-backed efforts to cap soaring broadband subscription costs.

The organization surveyed 2,500 adults from the country’s five most populous states; 500 broadband subscribers each in California, Texas, Florida, New York, and Pennsylvania.

Not too surprisingly, the survey found that consumers consistently are paying more for broadband than the advertised price, either thanks to steady rate hikes, or the broad use of often sneaky, hidden fees to jack up the advertised cost of service.

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Most Americans remain trapped under a monopoly or duopoly for next-generation broadband (broadband defined as faster than 100/20 megabits per second, or Mbps) access. This lack of competition results in high prices, slow speeds, spotty access, substandard customer service, and an increased occurrence of net neutrality, privacy, or other anti-consumer violations.

The survey found the average U.S. subscriber bill at sign up is now $81 – up from the $77 average monthly price seen in the outlet’s April 2024 survey report. But the average broadband subscription cost when the bill actually arrives was now $98 per month; up from $89 just six months earlier. For most, $100 broadband access is right around the corner.

Now that the election has been settled, many in the broadband space are wondering what, if anything, will change with the incoming Trump administration.

Of course no one has a crystal ball, but there are a number of telecommunication policy developments we will be tracking, which include numerous fronts where there will likely be changes.

What those changes will be exactly will only become apparent sometime next year.

BEAD and DEA

The BEAD (Broadband Equity, Access, and Deployment) program and Digital Equity Act (DEA) programs are at the center of the universe in the national effort to ensure everyone has high-speed access to the Internet.

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However, in the run-up to the election, GOP leaders were highly critical of the BEAD program, saying it was taking too long to dispense funds to build new networks, questioned the NTIA favoring the building of fiber networks, and criticized aspects of the effort they consider to be a waste of taxpayer dollars.

As the federal government makes unprecedented investments to expand high-speed access to the Internet, unbeknownst to most outside the broadband industry is that nearly a third of the states in the U.S. have preemption laws in place that either prevent or restrict local municipalities from building and operating publicly-owned, locally-controlled networks.

Currently, there are 16 states across the U.S. (listed below) with these monopoly-protecting, anti-competition preemption laws in place.

These states maintain these laws, despite the fact that wherever municipal broadband networks or other forms of community-owned networks operate, the service they deliver residents and businesses almost always offers faster connection speeds, more reliable service, and lower prices.

In numerous cases, municipal broadband networks are able to provide low-cost or free service to low-income households even in the absence of the now expired federal Affordable Connectivity Program (ACP). And for several years in a row now, municipal networks consistently rank higher in terms of consumer satisfaction and performance in comparison to the big monopoly Internet service providers, as PCMag and Consumer Reports have documented time and time again.

Nevertheless, these preemption laws remain in 16 states, enacted at the behest of Big Cable and Telecom lobbyists, many of whom have ghost written the statutes, in an effort to protect ISP monopolies from competition.

The Infrastructure Law Was Supposed to Move the Preemption Needle But …

Montgomery County Maryland has been awarded the “Best Municipal or Public Connectivity Program,” honored as a 2024 Broadband Nation Award winner for its ongoing efforts to expand affordable broadband access and help bridge the digital divide.

Montgomery County has worked extensively for years to connect municipal services and key anchor institutions, but more recently has begun leveraging that infrastructure to expand access to the most vulnerable. The county’s efforts have two key components:

FiberNet is a 650-mile municipal fiber communication network that provides broadband services to 558 County, State, municipal, educational, and anchor institutions.

MoCoNet is the County’s residential broadband network that provides free 300/300 megabit per second (Mbps) Internet service for residents at affordable housing locations. Originally providing a symmetrical 100 Mbps service, the network was recently upgraded to 300 Mbps, and is currently available to low-income housing communities.

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Montgomery Connects Program Director Mitsuko Herrera tells ILSR that the county just received a $10 million grant from the State of Maryland to expand FiberNet and MoCoNet’s free 300 Mbps offering to 1,547 low-income and affordable housing units at seven properties operated by the County’s Housing Opportunities Commission.

The county’s also in the middle of upgrading its core fiber infrastructure to deliver significantly faster overall speeds.  

Blueprints for BEAD is a series of short notes and analysis on nuances of BEAD that might otherwise get lost in the volume of material published on this federal funding program. Click the “Blueprints for BEAD” tag at the bottom of this story for other posts.

Few people dispute the vital importance of affordability in closing the digital divide. A 2021 Pew Research Center survey found that nearly half of all people without broadband cited cost as a barrier, with 20 percent listing cost as the primary reason for not subscribing to broadband service.

Research from EducationSuperHighway pegged that number even higher, estimating that lack of affordability explained about two thirds of the remaining digital divide in the country.

As the Broadband Equity, Access, and Deployment (BEAD) program steams ahead, questions about affordability have come to the fore. After all, deploying tens of thousands of miles of new fiber is only half the equation. BEAD will help build the physical networks necessary to connect the millions of households that still lack access to high-speed Internet service, but will it make a difference if they still can’t afford a plan? This possibility is all the more likely in light of the Affordability Connectivity Program’s (ACP) untimely demise.

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BEAD’s low-cost plan requirement sought to ease such concerns about affordability. To ensure households with limited financial means would actually see the benefits of the program’s massive infrastructure investment, this requirement mandated that all networks built using BEAD funds offer a low-cost plan for eligible subscribers.