The states furthest along on initial proposals for NTIA’s broadband, equity, access and deployment (BEAD) program are Louisiana, Virginia, Delaware, Kansas and Vermont, shows an NTIA dashboard launched Wednesday. The dashboard tracks states’ and territories’ progress toward six milestones for two volumes of initial proposals, including NTIA approvals. So far, the agency has approved only one proposal: Louisiana's volume one. NTIA said 44 states and territories shared the first volume with the federal agency for feedback, while 31 released it for public feedback. NTIA said 19 jurisdictions shared the second volume with the agency; nine sought public comment.
State legislators floated more than 200 content moderation bills this year, the Computer & Communications Industry Association (CCIA) said Wednesday. Many of the proposals are “unconstitutional, conflict with federal law including Section 230, and would place major barriers on digital services’ abilities to restrict dangerous content on their platforms,” said the CCIA report. “Many legislators made the measured decision to pause the advancement of this type of legislation until the Supreme Court makes its decision” on Texas and Florida social media laws, it said. “We anticipate this will likely continue to be a main focus for legislators in 2024.”
New Jersey sees permitting, workforce and supply chain as possible barriers to high-speed internet deployment, said the state’s Board of Public Utilities (BPU) in an amended five-year action plan posted this week. The board voted 4-0 last week to release the amended plan for the broadband, equity, access and deployment (BEAD) program. The BPU initially filed the draft Aug. 28, but NTIA returned it with feedback Sept. 15. The BPU submitted the amended draft to the federal agency Sept. 29. The New Jersey Department of Transportation is rolling out an electronic permitting review system, the state noted in the latest draft. “While this will create significant efficiencies once enabled … statewide adoption is occurring incrementally, and some localities and providers may experience financial or other challenges in implementation. Additionally, broadband providers have expressed concerns about the investment in time and number of required permits, which can cause unanticipated delays in projects.” New Jersey expects a telecom worker shortage of up to 55,000 jobs by 2026, and “inflation and supply chain issues amplified by the pandemic have continued to create delays in equipment delivery and material availability for broadband infrastructure and deployment,” it said.
The Nebraska Public Service Commission gave more time to comment on some long-term Nebraska USF items. The PSC opened the rulemaking in docket NUSF-139 Aug. 29 (see 2308290044) and received comments on short-term issues Sept. 29 (see 2310020062). Comments on broader NUSF changes were due Nov. 17. That deadline will still apply to comments on NUSF goals and updating the strategic plan, and on investment incentives for carriers, a transitional mechanism to support deployed broadband networks and oversight to prevent duplicative or excessive support, Commissioner Tim Schram ordered Thursday. But now due Dec. 22 are comments on revising the portable support mechanism for competitive providers, enhancing consumer protections for accessing providers of last resort and quality services, ensuring affordable rates in rural areas that reasonably compare to urban places, and simplifying regulatory accounting and eligible telecom carrier recertification, the order said. In a separate order Friday (docket NUSF-117), the Nebraska PSC indefinitely extended the state E-rate special construction matching program and increased the state match for projects in the FCC’s corresponding program. The order removes a 10% match cap from the state allocation. Instead, Nebraska will match any remaining eligible new fiber construction costs not already funded through the FCC program, not to exceed 100% of eligible costs, the PSC said. The order gives schools and libraries in the federal program the chance “to install new fiber to their facilities at no cost,” said Chair Dan Watermeier (R).
An Oklahoma “overbuild prevention” challenge process for American Rescue Plan Act grants took effect after Gov. Kevin Stitt (R) approved the emergency rules Thursday, the state’s broadband office said Friday.
The Wisconsin Assembly will weigh broadband law changes (AB-303) Tuesday, the Rules Committee decided Thursday. Earlier that day, the Energy Committee voted 16-0 to amend and advance AB-303. The bill would refocus the state’s broadband expansion grant program on unserved rather than underserved areas. It would update the definition of unserved to include areas with less than 100 Mbps download and 20 Mbps upload speeds, allowing the PSC to consider updating that definition every two years. Current state law considers areas with less than 5 Mbps down and 600 Kbps up unserved. Among other new rules, AB-303 would require applicants to participate in the FCC’s affordable connectivity program or a successor program.
A Wisconsin bill to exempt government broadband grants from state income and franchise taxes cleared the Senate Revenue Committee at a Wednesday meeting. The panel voted 8-0 to amend and report SB-266 to the floor. Under the substitute amendment, federal USF high-cost support would also be exempt.
Veto of a bill meant to bolster digital equity in California’s video franchise law disappointed Assemblymember Chris Holden (D), the AB-41 sponsor said in a statement Wednesday. Gov. Gavin Newsom (D) quashed that and a separate bill adding wireless eligibility for broadband grants earlier this week (see 2310110067). “California can be an innovator in creating digital equity,” and Holden will continue the work with colleagues and Newsom, he said. Broadband must be affordable and reliable in rural and urban areas, he added.
Kansas will consider non-fiber broadband networks “where economically and technically required,” the state said in a draft of volume two of its initial proposal for the NTIA broadband, equity, access and deployment (BEAD) program. Comments are due Nov. 12 on the draft, which includes information on objectives, subgrantee selection, eligibility, workforce and strategies for overcoming cost-related barriers to deployment, said Gov. Laura Kelly (D) Thursday. Kansas must prioritize fiber to meet its goal “to be among the top 10 states by 2030 in terms of the percentage of households able to access 100/20 Mbps service,” the draft said. To reduce deployment costs and barriers, Kansas “must incorporate, map, and leverage all existing infrastructure, including the reuse of middle mile facilities, where available,” it said. A review of permitting processes found “local and state [right of way] access permits are simple and fees are reasonable,” but time to secure state permits “can be excessive and efforts must be made to reduce permit approvals,” the draft said. The FCC regulates telecom pole attachment rates in Kansas, but most of the state’s pole owners are electric companies, “thereby leaving pole attachment rates unregulated for broadband use,” it said. “This lack of regulation can lead to excessive costs for broadband providers and cause delays in project deployment,” so the state broadband office “will work with electric distribution companies and electric co-ops to encourage reasonable rates for broadband provider use.” The office will also work with electric entities to smooth out make-ready processes, the draft said. Mississippi's broadband office released a draft volume one of its initial proposal Thursday. It includes details on the state's challenge process that starts Nov. 20. Comments are due Nov. 13.
Defining project areas “is not for the faint of heart,” Washington State Broadband Office Director Mark Vasconi said. The office met virtually Thursday to start considering various ways to define them for NTIA’s broadband, equity, access and deployment (BEAD) program. “We have not made any decisions around what the form of project areas are going to look like,” said Vasconi. The state faces a “compressed time frame,” he noted. BEAD “has been characterized as a marathon, but I will tell you it’s a marathon with … timed sprints in the process.” The office probably will release a draft of volume two of Washington’s initial proposal in early November and seek comments for 30 days, he said. NTIA Federal Program Officer Tracey Blackburn said project areas are one aspect of BEAD planning that’s critical to get right. “This is a really hard one,” she said. “There are many different ways to think about doing this and there's no one right answer.”