Connected Nation policy update: Top 7 things to know this week (Oct. 31)

Top 7 Things to Know This Week: 

1. The U.S. Court of Appeals for the Sixth Circuit in Cincinnati will hear the challenge to the FCC’s Net Neutrality rules on 10/31 at 8:30 a.m. ET. The judicial panel assigned to the case were all appointed by Republican presidents.

In this multidistrict litigation, petitioners seek review of an FCC final rule reclassifying broadband internet as a telecommunications service under Title II of the Communications Act of 1934 subject to FCC oversight. 

2. The FCC’s November 21 monthly meeting will include consideration of a new order to conduct a comprehensive review of submarine cables.

From FCC Chair Jessica Rosenworcel: “Dozens of systems of submarine cable serve as the backbone of our domestic and global communications networks. Over the past two decades, the technology, economics, and security challenges involving these systems have greatly changed, but FCC oversight has not. The Commission will vote to undertake the first major comprehensive review of our submarine cable rules since 2001.” 

3. The NTIA is busy reviewing and approving state DE Capacity Grant applications. So far, Minnesota, Connecticut, California, New Mexico, Georgia, Indiana, and Idaho have received approvals.

4. Maine recently became the first state to announce plans to offer discounted satellite internet access for locations with no other technology options.

• The Working Internet ASAP Program provides a Low Earth Orbit (LEO) satellite internet access option for qualified remote and rural locations in Maine. These homes and businesses are extremely difficult to reach and currently have no service or technology option.​
• Starting in the fall of 2024, MCA will coordinate the bulk purchase and deployment of LEO satellite hardware and service reservations to ensure that eligible locations have the option to receive LEO equipment and installation support, and access internet service.​​​​

The decision has sparked criticism about affordability, reliability and the role of satellites to provide service to unserved locations. From Broadband Breakfast: 

The initiative has raised concerns about affordability, as residents would still need to pay Starlink's $120 monthly service fee even with free equipment. Gary Bolton, president and CEO of the Fiber Broadband Association, warned against relying on satellite technology, which he termed "unreliable.” 

5. Two additional groups have recently asked the Supreme Court to hear the Universal Service Fund (USF) case.

On Oct. 23, a group of 15 Republican attorneys general asked the Supreme Court to take up the question of whether the Universal Service Fund is unconstitutional. They want the court to find that it is.

NTCA–The Rural Broadband Association, Competitive Carriers Association and USTelecom–The Broadband Association joined the Schools, Health, & Libraries Broadband Coalition, Benton Institute for Broadband & Society, National Digital Inclusion Alliance and Center for Media Justice in filing a petition for Supreme Court review of a decision by the U.S. Court of Appeals for the Fifth Circuit declaring unconstitutional the mechanism for contributions to the federal Universal Service Fund (USF).  

6. Ahead of the presidential election, lawmakers are discussing potential changes to the BEAD program. From Communications Daily:

Congressional Republicans are eyeing potential legislative changes to rein in what they view as NTIA’s flawed implementation of the $42.5 billion broadband equity, access and deployment program if the party wins control of Capitol Hill in the Nov. 5 elections. GOP lawmakers are stopping short of publicly suggesting Congress claw back BEAD funding, but Democrats are raising concerns about that possibility. Policy experts expect it will be difficult for lawmakers to reach a consensus on major BEAD changes during the next Congress given the Hill’s polarized reactions to the program over the past year.

Senate Commerce Chair Maria Cantwell of Washington and other Democrats are concerned about how Republicans could tinker with BEAD if they retake the Senate. “It's clear that Republicans, in a large swath, don't support making sure that poor communities have the financial support for connectivity” in the way NTIA envisions for BEAD, Cantwell told us. 

7. The NTIA released an equity fact sheet Oct. 18 with information about how the various internet investment programs are impacting rural areas:

The Biden-Harris Administration’s Internet for All initiative addresses the Nation’s digital divide by bringing high-speed Internet availability, device affordability, and digital literacy to left-behind communities. We are already seeing progress. The number of Internet users in the United States climbed by 13 million between 2021 and 2023. The nearly $50 billion Internet for All investments are reaching the communities facing the greatest barriers.