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Affordability Law Whodunnit Gets Less Mysterious, But Murkiness Remains

The mystery of who and what killed the California Affordable Home Internet Act is coming into view.

As a California lawmaker hinted when the bill was abruptly withdrawn in June, the evidence seems to be pointing to the new leadership now directing the National Telecommunications and Information Administration (NTIA) – the agency administering the $42.5 billion federal BEAD program to expand Internet access.

In a recently released FAQ published by the NTIA this week, a corroborating clue has emerged.

And what may be the smoking gun is a bullet buried on page 48, under section 3.29, after the question: "May an Eligible Entity (states) require a specific rate for the low-cost service option (LCSO) when required by state law?”

NTIA's answer:

“No. The IIJA prohibits NTIA or the Assistant Secretary from engaging in rate regulation. Because the Assistant Secretary must approve the LCSO in the Final Proposal, the rate contained may not be the result of rate regulation. The RPN (Restructuring Policy Notice) addressed this fundamental flaw in the BEAD NOFO. The RPN eliminated BEAD NOFO requirements dictating price and other terms for the required low-cost service option.”

“Per the RPN, states may not apply state laws to reimpose LCSO requirements removed by the RPN. More specifically, the RPN ‘prohibits Eligible Entities from explicitly or implicitly setting the LCSO rate a subgrantee must offer’ (BEAD Restructuring Policy Notice, p.7). Violation would result in rejection of the Final (BEAD) Proposal (emphasis added).”

Syracuse, NY Community Broadband Network Steadily Expands

Syracuse, NY officials say the city’s community-owned broadband network Surge Link continues to dramatically expand two years after the network first launched, bringing affordable broadband access to the city of 145,000 – with a particular eye on helping the city’s disadvantaged.

A recent update from the city states that the network now serves more than 9,200 households in Syracuse, located in central upstate New York. The latest expansion brought the service into the city’s Valley, Skunk City, Washington Square, Northside, Prospect Hill and Hawley-Green neighborhoods in early July.

The Surge Link initiative is part of a broader $15 million investment into fixed-wireless access broadband infrastructure into a city traditionally left underserved by giant regional telecoms.

A lack of competition between dominant regional monopolies Charter (Spectrum) and Verizon has resulted in spotty access, high prices, and slow speeds.

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Syracuse Mayor Ben Walsh speaks at podium in front of community center at Surge Link launch party

The lion’s share of Surge Link’s latest expansion was made possible by a $10.8 million grant from the New York State ConnectALL initiative, a multi-layered billion-dollar project to dramatically boost high speed Internet access across the state leveraging a series of new grant programs, education initiatives, broadband mapping improvements, and digital equity proposals.

Sonoma County, CA To Offer Free Broadband To Low-Income Residents

In the wake of a federal abandonment of most meaningful Internet equality efforts, California municipalities continue to take the fight for equitable broadband access into their own hands. 

That includes Sonoma County, California, where county officials have freshly greenlit expanded plans to provide free broadband access to low income residents.

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Map of California that shows Sonoma County on Northern California's coastline

Target: Affordable Housing

The Sonoma County Board of Supervisors recently announced that it has approved a list of new affordable housing sites that are eligible to receive free Internet for one year.

According to the county, 556 low-income Sonoma County households across 10 different housing locations should qualify for the free broadband service.

The deployments are being made possible by the 2021 American Rescue Plan Act (ARPA), which continues to result in some fairly transformative fiber deployments countrywide.

“The Board has prioritized finding creative solutions to broadband infrastructure development in Sonoma County,” Board of Supervisors Chair Lynda Hopkins says of the effort.

“This free internet program is a step toward equity as we continue to pursue public funding and strategic partnerships that can finally close the digital divide facing many of our shared communities.”

Whodunit Brewing in California: What Killed California’s Affordable Broadband Law?

Last week, a California Assemblymember who had sponsored legislation for a broadband affordability law abruptly withdrew the legislation. 

But what really killed the broadband affordability bill in California? Was it opposition to the proposed legislation from within the state or pressure from the Trump administration?

The Bill Was Advancing Until…

Modeled on New York’s Affordable Broadband Act (ABA), the California Affordable Home Internet Act was first introduced in January. It aimed to require Internet service providers that operate in the Golden State to offer a $15 per month broadband service plan for income-eligible households.

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CA Assembly member Tasha Boerner smiles at camera wearing a light blue sleeveless dress with ruffles

The proposed legislation was introduced as AB 353 by Assemblymember Tasha Boerner and was initially supported by the California Alliance for Digital Equity (CADE).

Over the intervening months, CADE and proponents of the bill offered resources and recommendations on how the bill could be made more effective than the ABA, hoping to avoid the pitfalls that advocates were seeing with the rollout and implementation of New York’s law.

On June 4, the California bill advanced through the state Assembly and moved on to the state senate by a 52-17 margin.

Who Benefits from this Bargain? | Episode 118 of the Connect This! Show

Connect This! Show

Catch the latest episode of the Connect This! Show, with co-hosts Christopher Mitchell (ILSR) and Travis Carter (USI Fiber) joined by regular guests Kim McKinley (TAK Broadband) and Doug Dawson (CCG Consulting) and special guest Heather Mills (Tilson) to talk about the FCC giving out participation trophies to the monopoly providers, how state offices are responding to the BEAD guidance changes, disaster response and resilient Internet networks, and more. The full list of topics includes:

Join us live on July 24th at 2pm ET, or listen afterwards wherever you get your podcasts.

Email us at broadband@communitynets.org with feedback and ideas for the show.

Subscribe to the show using this feed or find it on the Connect This! page, and watch on LinkedIn, on YouTube Live, on Facebook live, or below.

Hudson, Ohio Accepting Bids For Citywide Fiber Build

Hudson, Ohio officials are now accepting bids on a promising new fiber-to-the-home network that should dramatically improve affordable, next-generation broadband access in the city of 23,000.

It’s just the latest effort by a city that has been exploring the option of municipal broadband infrastructure for more than a decade.

Just 15 miles north of Akron, the city has spent the better part of the last three years preparing to forge a new public-private-partnership (PPP) to expand access.

The city already owns and operates its own broadband network (Velocity Broadband, launched in 2015), but it exclusively serves the city’s businesses with gigabit-capable fiber.

The city’s new partnership would leverage that existing business network and core fiber assets to finally bring fiber optic connectivity to the city’s residents.

“The proposed work includes the installation of new fiber optic infrastructure, including approximately 11,750 lineal feet of 1.5-inch underground HDPE fiber conduit via horizontal directional drilling, 7,900 lineal feet of new aerial fiber, the placement of underground fiber vaults and handholes, and the subsequent fiber optic cable installation and testing,” the city’s proposal states.

The Big Beautiful Bill’s Ugly Choice: Internet or Food?

Today, The American Prospect published some of our original reporting on the One Big Beautiful Bill Act that was signed into law on Independence Day. In it, our Associate Director for Communications Sean Gonsalves writes:

"Sold to voters as a way to cut 'waste, fraud, and abuse,' a more honest assessment of the One Big Beautiful Bill Act (OBBBA) is that it’s just a Big Brazen Bid to shred the social safety net.

Naturally, the looming cuts to Medicaid and what they will mean for rural hospitals in particular has received the most press.

But there are numerous other ways those in need of government assistance will be further pressed into poverty, including through a particularly narrow-minded Sophie’s Choice: internet access or food?

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Screenshot of article in the American Prospect

Last year, GOP leaders blocked bipartisan efforts to fund an extension of the Affordable Connectivity Program (ACP), which offered 23 million eligible households a $30-per-month voucher to help pay for internet service. As if letting the ACP die wasn’t a big enough blow, OBBBA not only increases the paperwork burden required to qualify for Supplemental Nutrition Assistance Program (SNAP) benefits, it completely removes internet service costs as an eligible deduction.

The USF Survives Supreme Court, But Massive Challenges Remain

The FCC’s Universal Service Fund (USF) has survived a Supreme Court challenge by a right wing activist nonprofit, but the program – which for decades has helped extend broadband to underserved rural homes and schools – still faces a precarious immediate future.

It is a peculiar political story, given that the rural regions that overwhelmingly vote for Republicans are now seeing Republicans try to dismantle a program that has been crucial for rural investment and development.

The FCC established the fund in 1997 in compliance with the Telecommunications Act of 1996. Historically a program with broad, bipartisan support, the USF leverages around $8 billion annually to expand broadband access to rural communities, libraries, and schools. The program is primarily paid for by consumers via a small levy on traditional phone lines.

In 2023, a right wing activist nonprofit named “Consumer’s Research” sued the government over the USF, claiming that the FCC lacked the constitutional authority to levy a fee on consumers’ bills. The lawsuit claimed that the USF depended on what amounted to an “unconstitutional tax” on consumers to fund operations.

California’s Affordable Broadband Bill At Risk Of Being Destroyed By Lobbying

California lawmakers’ efforts to pass a new law mandating affordable broadband access is at risk of being destroyed by industry lobbying. California insiders say the changes are so dramatic they may wind up making broadband affordability in the state worse – undermining years of digital equity activism and discarding a rare opportunity to bridge the digital divide.

The California Affordable Home Internet Act (AB 353), introduced by Assemblymember Tasha Boerner last January, would require that broadband providers in the state provide broadband at no more than $15 per month for low-income households participating in a qualified public assistance program.

The original legislation mandated that state residents should be able to receive $15 for all ISPs for broadband at speeds of 100 megabit per second (Mbps) downstream, 20 Mbps upstream. The proposal mirrored similar efforts by New York State which opened the door to other state efforts after the Supreme Court recently refused to hear a telecom industry challenge.

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Several dozen digital equity advocates hold a rally on the lawn of the California statehouse

“I want to get something fair and reasonable that helps those who need it most,” Boerner said in a press release. “AB 353 will fill the gap and ensure our children can turn in their homework, families can get access to telehealth, and apply for jobs online.”

On June 4 a vote moved the legislation through the state Assembly and on to the state senate by a 52-17 margin.

Baltimore Issues RFP For Plan To Expand Affordable Broadband

Baltimore city leaders have issued a request for proposals (RFP) for a partner willing to help the city’s ongoing efforts to expand affordable broadband access to marginalized city residents.

According to the RFP, the city’s latest efforts would help bring affordable, high-speed Internet to over 4,100 new housing units spread across eight different public housing communities.

“The RFP is part of Baltimore's Broadband Access Initiative, a citywide effort aligned with our broader Digital Inclusion Strategy to close the digital divide – starting with communities that have been historically underserved,” Baltimore Communications Manager Rafael McFadden says of the effort.

Data indicates that Baltimore, population 565,000, sees some of the highest rates of digital disconnectivity in the nation. Over 96,000 Baltimore households lack wireline Internet service, and 75,000 city residents lack access to a desktop or laptop computer.

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Coversheet of Baltimore Digital Equity plan cover sheet.png

Baltimore has used American Rescue Plan Act (ARPA) funds to create a $5 million Digital Equity Fund grant program, which is driving partnerships with local nonprofits to expand access and improve local digital literacy. The city’s digital equity report, released last March, details the progress the city has made in bridging the digital divide over the last two years.

In addition to numerous other initiatives, the city says it continues to expand its public Wi-Fi network, FreeBmoreWiFi.