Recent federal government efforts to expand use of public Citizens Broadband Radio Service (CBRS) spectrum could be of significant help to municipalities and local communities looking to bridge the digital divide with the increasingly popular wireless technology.

CBRS spectrum refers to 150 MHz of spectrum in the 3.5 GHz band. In 2015, the FCC adopted rules for shared commercial use of the band, creating a three-tiered structure to avoid interference with military radar during collaborative use of the spectrum.

For municipalities, the spectrum has already proven to be a valuable way to deploy wireless access to the public. In Syracuse, New York, the city last fall launched a new public wireless network on the back of CRBS. In Longmont, Colorado, the St. Vrain Valley School District used CBRS to build a private LTE network connecting 4,000 students in partnership with NextLight, which operates Longmont's city-owned municipal fiber network.

Not all community deployments of CRBS have delivered satisfactory results for municipalities, however. The STEM Alliance in Westchester County, New York retired their efforts to deploy a CBRS network in Yonkers after they struggled with urban capacity constraints and low usage.

Surf Internet and Newton County, Indiana say they’re expanding a public private partnership (PPP) that will extend gigabit fiber access to 97 percent of the county – or roughly 3,839 Newton County households by the end of this year.

According to a joint announcement, Surf will contribute $6.6 million to the new endeavor, with the Newton County Economic Development Commission (EDC) contributing $4 million. The expansion should extend the gigabit network to Lake Township, Lake Village, Roselawn, Thayer and several additional rural areas.

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Surf Internet also provides access in Michigan and Illinois. The ISP’s service speeds and pricing can vary greatly by market, but range from symmetrical 50 Mbps (megabit per second) service for $35 a month, to symmetrical 1 Gbps (gigabit per second) service for anywhere from $70 to $80 per month, with no caps, hidden fees, or long-term contracts.

Surf Internet first came to Newton County in 2020, when it launched a $1.7 million project– funded by the FCC E-Rate program – that brought fiber connections to the North Newton School District. In 2023, Surf Internet expanded that fiber network to 382 Newton County homes as part of Indiana’s $81 million Next Level Connections (NLC) Broadband Grant Program.

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.

There are still almost two dozen states that have yet to go through the Broadband Equity, Access, and Deployment (BEAD) program challenge process, which will lock down those locations that will be eligible for federal broadband infrastructure funding. And one refrain we’ve heard over and over from those in states that have already completed theirs is that, despite NTIA’s best efforts, it's complicated and hard. 

States have been given significant leeway in setting the rules for developing a challenge process wherein unserved and underserved locations can be identified. Lacking clear direction from the NTIA for what may seem like insignificant details, the often-hastily developed rules have in many states resulted in opaque processes characterized by a lack of clear communication and outreach. The resulting state guidance on how to request a data license, navigate a challenge portal, and submit challenges has left many local governments, small ISPs, Tribes, and nonprofits feeling defeated about their ability to participate. Without the detailed counsel on strategies for identifying prospective challenges, the scale of impact that this group of eligible entities could have on BEAD outcomes has been significantly narrowed. 

This is particularly troubling because widening the circle of those who can effectively participate is important. Residents, local governments, and nonprofits often have the best sense of exactly where the connectivity gaps in their communities exist. They also know what form the digital divide takes - whether in reliability, or cost, or latency, or available speeds. But so far, the challenge process for BEAD has been dominated by the largest ISPs that have the staff and expertise to interact with large amounts of geographic data in a relatively short period of time.

In March, Charter Communications tried (and failed) to include a poison bill in New York State’s budget bill that would have hamstrung community broadband. In stark contrast, a New York legislator this month introduced new legislation he says would make it easier than ever for New York state municipal broadband projects to thrive.

State Senator Jeremy Cooney of Rochester has introduced the Broadband Deployment Assistance Act of 2024 (S9134), which would streamline the permitting process for municipal broadband projects by "amending the general municipal law, in relation to requiring substantially similar permits for broadband deployment to be processed together at the same time and on an expedited basis."

“With a quicker timeline and more efficient process for local governments, we can create affordable options for New Yorkers that empower them to take control of their digital destiny,” Cooney wrote in an editorial published at Syracuse.com.

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Cooney says he was motivated by a lack of broadband competition in New York State. New York is dominated by Charter Communications, which was almost kicked out of the state in 2019 for poor service and  misleading regulators about broadband deployment conditions affixed to its 2016 purchase of Time Warner Cable.

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.
 

By mid June, we will have blown past the halfway mark in the BEAD challenge process - with more than thirty states having completed their “challenge windows” and another handful set to close imminently. But the “challenge window” is only part of the overall challenge process, and there are reasons for communities to stay engaged with the process even after that window closes. Communities - don’t sleep on the rebuttal window!

Where We Sit Today

Each state must conduct a challenge process prior to opening up BEAD grants to verify that the data on the National Broadband Map is accurate. That process will have three stages: the challenge window, the rebuttal window, and the determination window. During the challenge window, eligible challengers (local and Tribal governments, nonprofits, and ISPs) can present evidence that locations are incorrectly categorized as served, underserved, or served. According to the NTIA’s Challenge Process Policy Notice, those same eligible entities can participate in the rebuttal window, where they supply evidence refuting a challenge that was made by someone else. After both of these periods are over, the state weighs all of the evidence and makes a final determination (determination window). 

Why might this rebuttal period be important for communities? In short, not all challenges are created equally. While we might primarily think of challenges that make the map more accurate, some challenges could, in fact, make the map less accurate. Some ISPs might make questionable challenges about the level of service they can or will provide.

With a 3-2 vote along partisan lines, the FCC has restored both net neutrality–and its Title II authority over Internet access providers. It’s just the latest chapter in a multi-decade quest to try and prevent national telecom monopolies from abusing their market power to undermine competitors while nickel and diming American consumers.

“Consumers have made clear to us they do not want their broadband provider cutting sweetheart deals, with fast lanes for some services and slow lanes for others,” FCC boss Jessica Rosenwocel said in a statement.

“They do not want their providers engaging in blocking, throttling, and paid prioritization. And if they have problems they expect the Nation’s expert authority on communications to be able to respond,” Rosenwocel added.

Smaller ISPs and municipalities worry that the new rules saddle them with burdensome regulations as a punishment for the sins of much larger companies. But the FCC, state leaders, and consumer groups insist the rules should be a net benefit all the same.

The final rules require that ISPs be transparent about any restrictions on consumer broadband lines. They also prohibit ISPs from extorting content and service companies looking to maintain high-quality performance on telecom networks, and prohibit telecoms from undermining online competition by creating pay-to-play “fast lanes.”

*In partnership with Broadband Breakfast, we occasionally republish each other's content. The following story by Broadband Breakfast Reporter Jake Neenan was originally published here.

The Senate voted Thursday evening to pass its Federal Aviation Administration reauthorization package without an amendment that would have funded the Affordable Connectivity Program (ACP).

A bipartisan group of lawmakers had hoped to use the must-pass FAA bill as a vehicle for infusing an extra $6 billion for the imperiled broadband subsidy program, but Senate leadership was successful in keeping non-aviation amendments off the bill.

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Lawmakers had mounted a last-minute effort to negotiate a vote on the amendment, with lead sponsor Sen. Ben Ray Luján, D-New Mexico, marshaling 16 bipartisan cosponsors and highlighting the support of advocates and industry groups alike on Thursday afternoon.

“There is growing bipartisan support to strengthen the Affordable Connectivity Program and keep this critical lifeline alive for more than 55 million Americans. There are now 16 Senators from both sides of the aisle, representing millions of people and diverse states, backing this amendment,” he said in a statement.

The Senate also managed to prevent a lapse in the agency’s authorization by passing a separate short-term extension. The House extended the agency’s remit until May 17 on Wednesday before leaving D.C. for the week, and will still need to vote on Thursday's five-year reauthorization package.

Schoharie County, New York officials have applied for a $30 million New York State ConnectALL grant with the hopes of eventually building a $33 million, county-wide fiber network.

The shape and scope of the network has yet to be determined, but the county hopes to build a network that brings affordable access to the rural, agriculture-heavy county.

“Schoharie County applied for the grant under the NYS MIP program on April 19th, in an attempt to bring high speed broadband access to every premise in the county,” Deputy County Administrator Jim Halios told ILSR.

Notoriously over-optimistic FCC data currently states that Schoharie County enjoys 92 percent broadband coverage county-wide. In reality, broadband access in the county is largely dominated by a monopoly enjoyed by Charter Spectrum, which was nearly kicked out of the state entirely in 2019 for misleading regulators and failing to evenly deploy access.

As debate continues about the “collision course” between the Rural Digital Opportunity Fund (RDOF) and Broadband Equity, Access, and Deployment (BEAD) programs, it is worth highlighting the unique leverage Tribal nations have to resolve these concerns on Tribal lands as well as the challenges they may face in navigating the process.

Existing state and federal grant/loan programs are considered “enforceable commitments” under BEAD rules, making locations funded through those programs, including RDOF, ineligible for BEAD grants (unless those awards are declared to be in default). This rule prevents “duplication” of federal or state funding for broadband infrastructure build-outs.

The debate has emerged because some communities are concerned that RDOF-funded building has not yet begun and, in some cases, may never be built-out. In the meantime those locations remain ineligible for BEAD because of these enforceable commitments.

However, the rules about enforceable commitments and duplication are different on Tribal lands. When issuing its BEAD guidance, the National Telecommunications and Information Administration (NTIA) determined that federal and state grant funding for buildout on Tribal lands – like RDOF – that do not carry Tribal Government Resolutions of consent are not considered to be enforceable commitments.