This piece was authored by Jericho Casper from Broadband Breakfast.

The digital divide afflicting the United States has become even more apparent throughout the pandemic, repositioning the issue of universal broadband access to the forefront of many Washington policy agendas, including that of President-elect Joe Biden.

The Biden presidential campaign’s website early on included a plan for rural America that highlighted how the COVID-19 crisis deepened many of the challenges that were already confronting Americans, including “lack of access to health care, unreliable broadband, and the chronic under funding of public schools.”

The plan further states that “Americans everywhere need universal, reliable, affordable, and high-speed Internet access to do their jobs, participate equally in remote school learning and stay connected” and promises to “expand broadband, or wireless broadband via 5G, to every American.”

Biden’s Top Four Priorities Convey an Urgent Need for Advanced Infrastructure

Of the challenges facing the incoming administration of Biden and Vice President-elect Kamala Harris, it seems clear that universal broadband is critical to each of them.

Biden’s campaign website specifically lists universal broadband as a priority in bolstering economic recovery, fighting climate change, and advancing racial economic equity. Universal access to broadband also underscores  the fourth top policy initiative listed on the Biden campaign website, battling COVID-19, although the incoming administration fails to link broadband as a precondition for this priority.

As a presidential candidate, Biden called broadband a tool to put Americans to work during a visit to Hermantown, Minnesota.

The campaign’s plan for economic recovery specifically links the country’s financial recovery to mobilizing American work forces in the construction of  “modern, sustainable infrastructure” and “sustainable engines of growth,” connecting universal broadband to building a clean energy economy, addressing the climate crisis, and creating millions of “good-paying, union jobs.”

While the bulk of the Accessible, Affordable Internet for All (AAIA) Act proposes to invest $100 billion to expand broadband access in unserved and underserved parts of the country, the legislation also looks to build an essential bridge across the digital divide that goes beyond new infrastructure. An important part of the equation involves addressing laws and policies that have proven to be obstacles to Internet connectivity for tens of millions of Americans.

In our previous installments examining the AAIA, we covered the big-ticket items – the why, how and where the $100+ billion would be invested. This final installment in the series covers the last three major sections of the bill: Title IV – Community Broadband; Title V – Broadband Infrastructure Deployment; and Title VI – Repeal of Rule and Prohibition on Use of NPRM.

These last three sections of the AAIA do not call for any federal appropriations but instead aim to tackle several thorny policy challenges.

Image

Title IV – Community Broadband (Section 4001) of the bill is straight-forward. It would prohibit state governments from enforcing laws or regulations that prevent local governments, public-private partnerships, and cooperatives from delivering broadband service.

Last week we began our broad overview of the Accessible, Affordable Internet for All Act, sweeping legislation that calls for a $100 billion investment in broadband infrastructure in unserved and underserved parts of the country, as well as federal funding and coordinated support to meet the myriad of barriers that prevent tens of millions of Americans from having access to affordable and reliable Internet connectivity.

The bill (H.R. 7302) has already passed in the U.S. House of Representatives led by House Majority Whip James E. Clyburn (D-SC) and members of the House Rural Broadband Task Force. The Senate version of the bill (S. 4131), which was filed by Minnesota Senator Amy Klobuchar, co-chair of the Senate Broadband Caucus, has stalled, thanks to Senate Majority Leader Mitch McConnell who has “has buried the legislation in his graveyard,” in the words of Rep. Clyburn.

In this second-installment of a series of posts exploring the major sections contained in the proposed legislation, we look at the “Title I – Digital Equity” portion of the bill.

Image

New Office of Internet Connectivity and Growth (OICG)

This past August, the Open Technology Institute (OTI) (a program of New America) released its 2020 Cost of Connectivity Report, which showed that a combination of regulatory and oversight choices combined with market forces results in Internet access that for most Americans is slower, less reliable, and more expensive than elsewhere in the world. 

In October, the OTI followed up that report with one focused on the Navajo Nation. It argues that “altogether, the federal government’s failure to connect people on tribal lands deprives entire tribes of opportunities for employment, healthcare, education, and economic growth in both the short and long-term.”

The Navajo Nation is divided into 109 political subdivisions (called chapters) by geography across Arizona, New Mexico, and Utah. The OTI report finds that just four of those chapters have access speeds which meet the FCC’s standard for basic broadband (25/3Mbps (Megabits per second)), and that many in the community remain stuck on the wrong side of the digital divide. 

More Findings

Claire Park, author of the study, pulled data from the Navajo Nation Woven Integrated Data Project and combined it with FCC data and state broadband maps from March to July 2020, cross checking a sample of addresses with existing residential Internet Service Providers (ISPs) in those areas. It uses a total of 450 offered plans in its data set.

The report succinctly argues that broadband remains just one among the litany of struggles that those living on tribal lands face:

The ongoing COVID-19 pandemic exposes the deeply unjust policies behind stark inequities in certain communities. In the case of tribal nations, the federal government’s lack of support during the pandemic is another chapter in a brutal history of injustice that leaves tribes particularly vulnerable to this disease. Generations of federal policies undermining Indigenous wealth, power, and sovereignty have left many Native people without access to basic infrastructure, including food, running water, safe and adequate housing, telecommunications service, and healthcare.

After years of struggling to obtain reliable Internet connectivity, The Hoh Tribe in western Washington has entered a beta trial with SpaceX’s StarLink satellite Internet service, drastically improving the community's Internet access speed and capacity. 

Russ Elliot, Director of the newly formed State Broadband Office, had been working closely with Melvinjohn Ashue, the former Vice-Chairmen of the Hoh Tribe. Russ has a background running an Internet Service Provider (ISP) and is skilled at networking with technology companies to tap into resources and opportunities to help connect reservations, rural communities, and others. 

Notably, Washington state emergency responders had also begun using StarLink in areas decimated by wildfires and since, StarLink has had a positive working relationship with people within the Washington state government. When Starlink’s beta began, Russ caught wind and introduced Starlink’s people to the Hoh tribe, and they shared their ongoing difficulties. Starlink was eager to help and excited that the Hoh tribe reservation was well positioned in relation to the satellites Starlink had in orbit at the time. 

Image

A Plug and Play Broadband Solution

The setup was relatively fast, taking about a month in all, and logistically not complicated. Starlink held virtual meetings with the Hoh tribe council explaining the technology, setup, and service. The company also sent representatives to the Hoh reservation to test out the product on site, and after the tribe council discussed the service with community members 18 of 23 homes signed up and the satellite receiver kits were sent out shortly after. 

A new report out by the American Library Association shows how community anchor institutions — and libraries in particular — can serve as central players in expanding tribal connectivity efforts around the country. “Built by E-rate: A Case Study of Two Tribally-Owned Fiber Networks and the Role of Libraries in Making It Happen" [pdf] looks at the striking success of tribal efforts in New Mexico in putting together a coalition of actors to dramatically improve Internet access in the region.

The report examines networks built by two consortiums situated in the middle of the state in the summer of 2018: the Middle Rio Grande Pueblo Tribal Consortium and The Jemez and Zia Pueblo Tribal Consortium. An endeavor initially spearheaded by the Santa Fe Indian School (which long ago recognized the need for virtual learning, the value of fast, affordable Internet and the ongoing cost of slow, poor, high monthly costs), “Built by E-Rate” details how they came into being and the obstacles they faced along the way, and offers policy recommendations moving forward.

Image

Faster Speeds, Lower Costs

Tribal residents and others living along near Six Rivers National Forest in Humboldt County, California are about to get a broadband boost. The Yurok and Karuk Tribes announced at the end of July that the Klamath River Rural Broadband Initiative received more than $10 million from the California Public Utilities Commission’s (CPUC's) California Advanced Services Fund (CASF) to add over a 100 miles of additional fiber to the project’s community network, connecting hundreds of additional homes, businesses, and anchor institutions. The award marks the second injection of funding from the CPUC’s grant program to the initiative. 

Over the River and Through the Woods

Humboldt County covers more than 4,000 square miles along the coast in the northwest part of the state, about 60 miles west of Redding. It’s one of the least-densely populated areas in the state, marked by rural, mountainous, rugged terrain for the roughly 150,000 people who live there. Those in the northern fifth of the county have it particularly hard; the region is bounded by national forests on either side, with the Klamath River running down the middle. As recently as 2009, telephone service in the region was unreliable, and Internet access was restricted to dial-up or satellite. The Klamath River Rural Broadband Initiative (KRRBI) has been working since 2013 to address this digital divide.

The new CPUC award totals a little more than $10.8 million to add 104 miles of new fiber to their middle-mile network. Last-mile connections come via fixed wireless, a cost-effective way to bring broadband to rural areas. The new route will connect the communities of Orleans to Orick and Weitchpec to Wautec and Johnsons, bringing new service to 616 households, 8 first responder agencies, and 14 additional anchor institutions like schools, tribal offices, and health care clinics. The project will also add three redundant links to the existing network across the 80-square mile area.

The United States Office of the Comptroller is hosting a webinar at the end of the month called “Banks Finance Broadband in Rural Areas & Indian Country” aimed at banks and local leaders looking to form partnerships to fund broadband projects for rural and tribal communities across the country. 

In addition to providing basic information on how community financial institutions can work with local governments, participants in a 2017 partnership which brought broadband to Fort Berthold Indian Reservation will be present to discuss their experience and answer questions.

Register for the event by clicking here.

New Rule, New Financing Options

Tribal communities face a host of ongoing connectivity obstacles, all of which have been exacerbated by the current public health crisis. Native student populations are much more likely to be affected by the homework gap, a problem that will remain as states and school districts struggle to put together a cohesive connectivity plan for the upcoming school year.

The program is one of the many that together come from the OCC's participation in the Community Reinvestment Act (CRA), passed in 1977. The CRA directs federal financial regulators (including the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation) to push FDIC-insured financial institutions to meet the credit needs of the communities they’re a part of, with emphasis on low- and moderate-income regions.

Yesterday, Congresswoman Deb Haaland and Senator Elizabeth Warren introduced the DIGITAL Reservations Act, a bill which ends the current Federal Communications Commission (FCC) practice of selling wireless spectrum rights on the lands of Indian Tribes and Native Hawaiian organizations and grants ownership, management, and governance of all spectrum to those groups in perpetuity. The bill also calls for the creation of an FCC fund to support broadband efforts, an advisory team to provide regulatory and technical assistance, and a data collection program to support future connectivity efforts in those communities. It represents a dramatic new approach to addressing the digital divide in Tribal communities, which remain among the least well-connected of all across the United States today.

Breaking Down the Bill

The Deploying the Internet by Guaranteeing Indian Tribes Autonomy over Licensing on Reservations Act [pdf] offers significant investment in a multi-pronged approach. It’s driven by twin impulses. From the bill: 

To date, the [Federal Communications] Commission has failed to implement nationwide spectrum opportunities or uniform licensing for Indian Tribes and Native Hawaiian organizations to make spectrum available over their Tribal lands or account for the unmet needs of native Nations in compliance with the Federal trust responsibility.

The Commission’s actions parallel failed Federal Reservation Era policy that divided Indian land holdings and created systemic barriers to Indian Tribes’ economic development and legal jurisdictional complications on Tribal lands that continue to disadvantage Tribal communities today.