BEAD framed as end of one off grants for advanced telecommunications infrastructure

The fiber broadband industry is experiencing a historic moment. According to Joseph Wender, Director of Capital Projects Fund at the U.S. Department of the Treasury, never before (and likely never again) have multiple government agencies provided tens of billions of dollars in funding to provide affordable, reliable, high-speed internet for all Americans and close the digital divide once and for all. “We are living in a historic moment and it is exciting, which makes our jobs much more important. We have to get it right this time,” Wender said on this week’s Fiber for Breakfast episode.

https://fiberbroadband.org/2024/01/17/making-a-down-payment-on-affordable-reliable-high-speed-internet-for-all/

Wender is correct. The United States is at a policy inflection point on the future of the nation’s advanced telecommunications infrastructure. It’s at this point because it lacks a national strategy to guide its deployment, the U.S. General Accountability Office (GAO) observed in 2022 and 2023.

While the GAO didn’t specifically say so, the main casualty of this policy failure is the now long tardy modernization of copper telephone lines that reached nearly every address in in the 20^th century to fiber optic lines with the proven capacity to carry high quality digital voice, data and video. It should have been completed by the start of the second decade of the 21^st.

That has led policymakers to spend the last three decades defining the issue by its resulting symptoms of constrained access and affordability that worsened a decade later with the public health restrictions imposed in response to a viral pandemic. That spawned according to the GAO 133 disparate federal funding programs administered by 15 agencies, mostly one off grant programs aimed at treating constrained capacity by boosting “broadband” bandwidth.

That has begun to shift somewhat in the latest and largest grant program, the $43.45 billion Broadband Equity, Access, and Deployment (BEAD) state grant subsidy program administered by the National Telecommunications and Information Administration (NTIA). BEAD expresses a clear preference that the subsidies be spent on fiber as the best long-term value for taxpayer dollars.

To the point of this article and others like it, there’s a tone of finality associated with these one time grant subsidy programs that has accompanied BEAD. It’s been described as “once in a lifetime,” and “once in a generation.” Hence, warnings by Wender to “get it right this time,” because the tap is being shut off and the pinata party will soon end.

GAO: U.S. lacks national strategy for deployment of advanced telecommunications infrastructure, calls for presidential leadership

In a statement this week, the U.S. General Accountability Office (GAO) underscored a report it issued in May 2022 finding the United States lacks a national strategy to guide the deployment of advanced telecommunications infrastructure. Instead, the report found, there are numerous, uncoordinated subsidy programs administered by multiple federal agencies.

The GAO statement once again called for presidential leadership. The Executive Office of the President should develop and implement a unified national strategy, noting as of May 2023, the recommendation has not been implemented. “[A] national strategy could guide the efforts of states and localities implementing programs in coordination with the federal government,” the GAO said. “The roles of states have become even more important as they receive and then distribute funds from new federal broadband programs administered by NTIA and the Department of the Treasury,” it added. The NTIA’s Broadband Equity, Access and Deployment (BEAD) program has charged states with developing strategies to ensure universal access as part of their required Five Year Action Plans due this year.

However, $42.5 billion BEAD allocates to states to subsidize up to 75 percent of the cost of constructing advanced telecommunications infrastructure in areas where it is lacking could run into complications. That’s because eligibility is based on highly granular areas – that could be as small as a few premises -- that might be ineligible for BEAD subsidies because those locations received subsidization from one of many fragmented and overlapping federal programs. Not to mention various state subsidy programs.

We identified at least 133 funding programs—administered across 15 agencies—that can be used to support broadband access, including support for planning and deploying infrastructure, making service affordable, providing devices, and building digital skills. Some of these programs support broadband as their main purpose or one possible purpose, and others can be used for multiple purposes related to broadband. Eligible recipients for these programs range widely and include: internet providers; other private sector entities; nonprofits; tribal, state, and local governments; education agencies; and healthcare providers. Through these programs, federal agencies invested at least $44 billion in broadband-support activities from fiscal years 2015–2020, according to our analysis of agencies’ data.

Given the current lack of an overarching, coordinated strategy ensure universal service, “most of the agency officials and more than half of the nonfederal stakeholders we interviewed said a new national strategy would be helpful,” the GAO stated.

Feds punt universal advanced telecommunications service to the states

The U.S. federal government has whiffed multiple times over the past three decades when it comes to mandating universal service for advanced telecommunications as it did for analog voice telephone service before it. A universal service mandate recognizes that telecommunications infrastructure like other utility infrastructure functions as a natural monopoly because of high cost barriers to competitor entry and first mover advantage accorded incumbents limit choice among multiple sellers.

It first did so in the Telecommunications Act of 1996. The statute includes language stating legislative intent that access to advanced telecommunications and information services should be provided in all regions of the Nation including rural and high cost areas -- but no means to ensure that it would.

The closest federal policy came to mandating universal access to advanced telecommunications was in 2015 when the Federal Communications Commission (FCC) placed Internet protocol telecommunications under Title II of the Communications Act of 1934, classifying it as a common carrier utility requiring reasonable requests for service be honored and barring neighborhood redlining. The FCC declined to enforce a regulation adopting the reclassification and reversed course in 2018, repealing it.

Instead, the FCC and state public utility commissions must merely “encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans … in a manner consistent with the public interest, convenience, and necessity” per 47 U.S. Code § 1302(a). The statute also turns economic logic on its head by mandating these regulatory bodies promulgate “measures that promote competition in the (aforementioned natural monopoly) local telecommunications market.”

In 2021, the feds punted the universal service issue to the states with the Infrastructure Investment and Jobs Act that appropriates $42.5 billion in grants to the states to subsidize advanced telecommunications infrastructure and prioritizing funding of fiber to the premise (FTTP) delivery infrastructure. The funding is administered under the National Telecommunications and Information Administration’s (NTIA) Broadband Equity, Access and Deployment (BEAD) program.

The BEAD program requires states to develop “Five-Year Action Plans” including “a comprehensive, high-level plan for providing reliable, affordable, high-speed internet service throughout the (state) including the estimated timeline and cost for universal service.” It also frames universal access as a matter of digital inclusion and equity, noting that it's necessary for civic and cultural participation, employment, lifelong learning, and access to essential services. 

For the states, that will mean developing their own concrete universal service policies and funding strategies given that federal policy remains aspirational. A U.S. General Accountability Office report issued in May 2022 concluded there is no national strategy to guide the deployment of advanced telecommunications infrastructure. Instead, the report found, there are numerous, uncoordinated subsidy programs administered by multiple federal agencies.

Waxman calls for GAO review of federal broadband efforts

More than a decade after the enactment of the federal Telecommunications Act of 1996 that directed the Federal Communications Commission to encourage the deployment of broadband, a House oversight committee wants to determine what has actually been accomplished.

Henry A. Waxman, chairman of the House Committee on Oversight and Government Reform, asked for the review in a May 22 letter to Comptroller General David M. Walker. Waxman also wants information on how widely broadband is deployed and who has access to it.