Rep. Yvette Clarke, D-N.Y., and Senate Agriculture Rural Development Subcommittee Chairman Peter Welch, D-Vt., led filing Wednesday of the Affordable Connectivity Program Extension Act to give the initiative stopgap funding through the rest of the year, as expected (see 2401090074). The measure would allocate ACP $7 billion for FY 2024, mirroring an earlier draft of the measure Clarke circulated in recent weeks. The FCC estimates the program could exhaust its original $14.2 billion appropriation in April. Congress’ appetite for providing the program more money remains in question given misgivings among top Republicans on the House and Senate Commerce committees (see 2312210074), although several Republicans signed on as ACP Extension Act sponsors at filing: Sen. J.D. Vance (Ohio), Sen. Kevin Cramer (N.D.), Rep. Brian Fitzpatrick (Pa.), and New York Reps. Anthony D’Esposito, Mike Lawler and Marc Molinaro. The measure “provides a transformative opportunity to bridge the gap of the digital divide for communities of color, urban and rural families, and so many more underserved Americans,” Clarke said in a statement. “Access to high-speed internet isn’t a luxury anymore, it’s a necessity,” Welch said. “That’s why it’s never been so important to avoid this funding cliff and extend the ACP.” Welch’s office cited support from more than 400 companies, groups and other entities, including FCC Chairwoman Jessica Rosenworcel and her fellow Democratic Commissioners Anna Gomez and Geoffrey Starks. In addition, several major ISPs and related industry groups are backing the measure: AT&T, Charter, Comcast, Cox Communications, Incompas, NTCA, T-Mobile, USTelecom, Verizon, Wireless Infrastructure Association and WTA. Others supporting the ACP Extension Act: the AFL-CIO, American Civil Liberties Union, Benton Institute for Broadband & Society, Communications Workers of America, Fiber Broadband Association, Free Press, NAACP, Pew Charitable Trusts and Public Knowledge.
More funding is "urgently needed" to maintain the FCC's affordable connectivity program, Chairwoman Jessica Rosenworcel told lawmakers in a letter Monday. Reps. Yvette Clarke, D-N.Y., and Brian Fitzpatrick, R-Pa., plan to introduce legislation Wednesday that would provide ACP with stopgap funding, though Congress’ appetite for providing the program more money remains in question given misgivings among top Republicans on the House and Senate Commerce committees (see 2312210074), communications policy-focused lobbyists told us.
The National Digital Inclusion Alliance urged that the FCC ensure providers and households in the affordable connectivity program are prepared when it ends. In a letter posted Monday in docket 21-450, the group asked for a requirement that ISPs notify participating households 90, 60 and 30 days prior to ACP's end. Moreover, it asked that the FCC create a public list of consumer protections and lead an awareness campaign about the wind-down. NDIA suggested that ACP outreach grant recipients help conduct outreach about affordable plans. "Without the ability to reach impacted households, grantees risk losing the trust of those they enrolled in the program, which undermines the successful implementation of future broadband benefit programs the commission may administer," the group said.
As the FCC sees increased dissent votes by Republican minority commissioners, those dissents frequently challenge agency authority. That's becoming a more common line of argument among GOP commissioners across federal regulatory agencies, often based on the U.S. Supreme Court's major questions doctrine, administrative law experts tell us. Republican commissioners and former commissioners say dissent votes are a reflection of the Democratic majority pushing partisan issues. Commissioner Nathan Simington in a statement said he is "disappointed that the Commission is now focused on misguided, partisan items, but I remain hopeful that we can continue making progress on real, non-partisan solutions to long-standing technical issues."
FCC Chairwoman Jessica Rosenworcel touted the agency's 2023 achievements in a Friday note, saying the commission will "be remembered for ... the policies we advanced to reflect a world where high-speed connectivity is no longer a luxury but a necessity." Rosenworcel noted nearly 7 million households enrolled in the affordable connectivity program this year, bringing the total of enrolled households to more than 22 million. "But our progress here cannot slow down," she wrote, and "we need help from Congress to keep this groundbreaking program going." In her year-end review, Rosenworcel also cited the commission's work on broadband mapping, closing the homework gap and space innovation. "I am especially excited about our proposal to harness the power of satellites to enhance mobile phone operations in areas where there is no terrestrial mobile service," she said: "This connectivity can help facilitate life-saving rescues in remote locations and the innovative opportunities it presents will only grow." The FCC's initiatives on AI also "illustrate how the commission may be using some new tactics," Rosenworcel said, "but we remain focused on long-standing priorities like consumer protection and maximizing the opportunities we have with scarce spectrum resources."
A cable industry priority for the new year is opposing the FCC's proposal that requires MVPDs to refund subscribers for programming blackouts due to failed retransmission consent talks with broadcasters, ACA Connects President Grant Spellmeyer told Communications Daily. In an interview, Spellmeyer discussed his 18 months as ACA head (see 2205170043), video's declining -- but not negligible -- importance to his members, and cable's broadband equity, access and deployment (BEAD) program concerns. The following transcript was edited for length and clarity.
Altice urged the New Jersey Board of Public Utilities to quickly OK a settlement resolving the board’s service quality probe. The settlement has Altice pledging to spend $11 million on its network and making other broadband adoption, network resiliency and customer service commitments. “It’s an important settlement” for local governments, said Best Best attorney Gerard Lederer, who represented Piscataway, New Jersey, in the proceeding.
Lead Republican lawmakers’ recent charge that the FCC was “deeply misleading” about the affordable connectivity program’s efficacy (see 2312150068) has solidified perceptions on and off Capitol Hill that it will be extremely difficult to reach a deal allocating additional money before the initiative's funding runs out next year, lobbyists and observers told us. Estimates peg ACP as likely to exhaust its initial $14.2 billion tranche from the 2021 Infrastructure Investment and Jobs Act during the first half of 2024 (see 2309210060). The White House is pushing for Congress to appropriate an additional $6 billion to fully fund the program through the end of 2024 (see 2310250075).
SpaceX is "pretty happy" with the 2023 World Radiocommunication Conference action on higher power levels for non-geostationary satellite orbit (NGSO) satellites, David Goldman, vice president-space policy, said Wednesday at a Broadband Breakfast event. WRC-23 wrapped up last week in Dubai (see 2312150012). Current ITU equivalent power flux density restraints are "very, very constraining for next-generation systems," he said. Higher power levels for NGSOs would be "a force multiplier," allowing them to serve more customers while remaining below the noise floor for geostationary orbit satellite systems, he said. While there was "lively debate" about higher power levels, including concerns from some nations that rely on GSOs, the outcome -- ITU asking for studies ahead of WRC-27, leaving the door open to updating rules then -- is a big positive, he said. Asked about the FCC's net neutrality proceeding, Kalpak Gude, domestic regulatory affairs head for Amazon's Kuiper, said the company is a net neutrality supporter and operating within the agency's proposed rules should not pose a problem. Gude and SpaceX's Goldman expressed concerns that FCC rules must recognize legitimate network management capabilities for NGSOs. While NTIA's broadband equity, access and deployment program is not technology neutral, with its thumb on the scale in favor of fiber, the agency has indicated NGSO systems can participate and some states are taking a close look at that, Goldman said. He said BEAD cannot reach 100% coverage without a satellite component. He said Starlink qualifies for and will participate in the affordable connectivity program. SpaceX's Starlink has more than 2 million subscribers globally and is operating in more than 80 nations, with Africa its fastest-growing region, he said. Goldman said Starlink has worked through its U.S. backlog and service kits including the antenna are sent within a couple of days of someone signing up online. He said SpaceX will "come close" to hitting its goal of 100 launches this year. Gude said Amazon is "incredibly thrilled" with test results of its two experimental Kuipers in orbit. He said launch of the constellation should start "around the second quarter [of 2024] or so," adding commercial Kuiper service will start in late 2024, but more broad delivery will ramp up in the subsequent couple of years.
House Commerce Committee Chair Cathy McMorris Rodgers of Washington, Communications Subcommittee Chairman Bob Latta of Ohio and 14 other panel Republicans are charging NTIA with ignoring Congress’ intent in the 2021 Infrastructure Investment and Jobs Act by allowing states to regulate broadband rates via rules for participation in the broadband equity, access and deployment (BEAD) program. Rodgers and Latta were among GOP leaders who criticized the FCC Friday for giving Congress “deeply misleading” information about its implementation of IIJA’s affordable connectivity program (see Ref:2312150068]).