Lutnick’s right. Americans aren’t getting the benefit of the bargain -- of universal service.

U.S. Commerce Secretary Howard Lutnick announced June 6 that the Trump administration would be revising the program rules for the $43.45 billion Broadband Equity and Deployment (BEAD) program, authorized by the Infrastructure Investment and Jobs Act of 2021 (IIJA).

Lutnick said the program requires retooling in order to ensure Americans can obtain the full “benefit of the bargain” Congress intended in enacting the IIJA: broadband deployment. The Biden administration, in keeping with the infrastructure construction and modernization intent of the IIJA, administered BEAD with an infrastructure focus and specifically fiber to the premises (FTTP) and middle mile advanced telecommunications infrastructure.

The current administration however is reverting to the policy framework in place since the 1990s. It defines “broadband” as a service based on specified “high speed” throughput. The infrastructure to deliver it isn’t specified in this “technology neural” policy. In the original version of the IIJA, it was: FTTP. That fell away in a subsequent amendment of the legislation. (See earlier blog post here).

By deemphasizing landline infrastructure and instead making BEAD subsidies available for cheaper and less reliable non-landline infrastructure delivered service as fixed wireless and low earth orbit satellite, the Trump administration will “connect more Americans to broadband more quickly, and at a lower cost to the American taxpayer,” said Lutnick, who also serves as acting administrator of the National Telecommunications and Information Administration (NTIA), charged with implementing BEAD.

However, Americans have never gotten the real benefit of the bargain: universal service of Internet protocol-based advanced telecommunications delivered by landline like voice telephone service before it. The expectation of that bargain was expressed as public policy in the Telecommunications Act of 1996.

According to the Federal Communications Commission, the Act “expanded the traditional goal of universal service to include increased access to both telecommunications and advanced services …for all consumers at just, reasonable and affordable rates.”

The closest federal policy came to mandating universal access to advanced telecommunications was in 2015 when the 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 its regulation adopting the reclassification and ultimately reversed course in 2018, repealing it.

The IIJA did not affirmatively express public policy of universal service. It merely stated findings that access is “essential to full participation in modern life in the United States.” Universal service is described in the legislation by its inverse: a “persistent ‘digital divide’ in the United States.” It charged states receiving planning grants to only determine how long it would take to construct infrastructure providing universal service.

That Americans have not seen universal landline delivered advanced telecommunications reflects a longstanding problem of insufficient political will for policy ensuring fiber would reach most every American doorstep. That would constitute “belt and suspenders” advanced telecommunications infrastructure that would serve well into the 21st century.

Instead, Americans have seen numerous, limited one off subsidies largely directed to investor owned providers with limited capacity to invest. Often that has meant no FTTP belt and only wireless suspenders to reliably hold up the trousers of its connectivity needs over the long term.

Multiple factors align against universal FTTP over near term

Each state and territory then must set up and administer its own broadband infrastructure grant program using the statutory framework to distribute the money to the internet service providers that will be building the networks. Importantly, Congress directed that each state and territory must ensure every broadband serviceable location in its jurisdiction gets connectivity as a condition of receiving the bulk of BEAD funding. (Emphasis added)

https://broadbandbreakfast.com/tim-stelzig-a-new-approach-to-connecting-all-americans-to-the-internet/

The Infrastructure Investment and Jobs Act of 2021 (IIJA) as the 1996 Telecommunications Act before it states public policy intent of universal advanced telecom service. The IIJA placed responsibility on the states to implement it. The IIJA appropriated $43.45 billion for delivery infrastructure to the states as “once in a generation” seed funding under the law’s Broadband Equity and Deployment (BEAD) program.

BEAD required states to develop Five Year Action Plans with timelines to achieve universal service. It also requires states to "rigorously explore ways” to cover the cost of advanced telecommunications infrastructure builds eligible for BEAD subsidies with other sources of funding. BEAD program rules developed by the Biden administration require they include “a comprehensive, high-level plan attain universal service.”

As the plans were filed with the National Telecommunications and Information Administration (NTIA) in 2023, it became clear states would have to come up with significant organic funding sources. Oregon’s plan indicated the state would need nearly five times its $689 million BEAD allocation to build universal fiber to the premises (FTTP) infrastructure at an estimated cost of $3.3 billion deployed over a five year period.

Similarly, California’s plan stated the Golden State is unable to assure timely construction of universal FTTP infrastructure – estimated to cost $9.78 billion including infrastructure hardening in areas with high wildfire risk – because less than half that amount is available as federal and state subsidy funding. The plan offered no strategy to bridge the gap such as a state bond measure.

Consequently, states and also the federal government that assumed office this year are looking to wireless delivery technologies such as fixed terrestrial wireless and low earth orbit satellite. That has sparked controversy over whether dollars appropriated under the IIJA are best invested funding durable infrastructure in line with the bill’s infrastructure focus or emphasizing service delivery to get more American homes connected.

The likely outcome of this debate as far the as the IIJA is concerned will favor the later. The IIJA’s telecom infrastructure funding formula isn’t oriented to infrastructure despite the bill’s purpose and title. Rather, it’s based on need and specifically deepening bandwidth constraints that exist because FTTP has not timely been deployed to replace legacy copper telephone delivery infrastructure incapable of handling ever increasing Internet protocol-based service demand. Only half of all U.S. households had access to FTTP connections in 2024 according to the Fiber Broadband Association’s 2024 Fiber Deployment survey by RVA LLC Market Research & Consulting (RVA).

While the Biden administration nevertheless prioritized funding FTTP, impatience with poor service options in less densely populated areas that have existed for many years as well as short term fiscal conservatism – are combining with the IIJA’s service orientation and the lack of adequately funded state plans to attain universal FTTP to mitigate against universal FTTP over the near term. Another major factor is deteriorated utility poles that increases costs via replacement or resort to more costly underground infrastructure as well as patchwork of pole ownership and access hurdles.       

Origin of “tech neutral” shift for BEAD subsidies lies in 2021 infrastructure bill

This week’s policy shift on the advanced telecommunications infrastructure subsidy component of the Infrastructure Investment and Jobs Act (IIJA) to make it “tech neutral” and give less preference to fiber to the premises (FTTP) has its origins in 2021 as the IIJA was being enacted. The change -- which emphasizes rapid deployment -- is expected afford greater consideration to subsidizing providers of fixed terrestrial wireless and low earth orbit (LEO) satellite Internet.

The original bill sponsored by the Biden administration would have appropriated $100 billion for fiber infrastructure to be primarily deployed by local governments, nonprofits and consumer cooperatives. The administration noted supporting these entities would allow subsidy dollars to go further since they operate without the need to generate profits for investor-owned entities.

Opposition from legacy telephone and cable companies watered down the bill to cut the funding to $43.45 billion for delivery infrastructure. Instead of FTTP, the bill employed a throughput versus infrastructure-based standard for the subsidies.

Accordingly, the funding program was chartered as Broadband Equity Access and Deployment (BEAD). Funding was restricted to premises not able to obtain bandwidth of 25Mbs down and 3Mbps up. “Broadband” was defined as 100Mbps down and 20Mbps up with latency of 100 milliseconds or less.

At that point, the legislation – nominally dedicated to improving various categories of essential infrastructure – deemphasized infrastructure and instead the level of “broadband” service available at a given address. It retained a market-based policy despite widespread market failure the bill was intended to mitigate. This favored incumbent telephone and cable companies looking to incrementally edge out their existing infrastructures and providing a substantial degree of protection from publicly owned and utility cooperative operators.

The administration however sought to maintain an FTTP infrastructure focus in its rules for the BEAD program, describing it as less prone to obsolescence and thus able to deliver the best long-term value.

This week’s policy shift and the designation of throughput – broadband – in the IIJA now puts fixed wireless and satellite providers on a strong footing for subsidization. They could plausibly argue that any technology that can deliver “broadband” as specified in the IIJA should be eligible.