The Agriculture Department’s Rural Utilities Service (RUS) disregarded its own ReConnect program regulations when it awarded nearly $70 million in federal grants in the fourth round of funding last year to two phone companies, Interior and Mukluk, to deploy broadband services for individuals and businesses in Alaska’s Nome census area, alleged two native villages in a preliminary injunction motion Friday (docket 3:24-cv-00100) in U.S. District Court for Alaska. Unalakleet and Elim are federally recognized tribes that contend that Interior and Mukluk didn’t obtain resolutions of tribal consent from them or any other tribes within the Nome census area, as RUS’ “clear and unambiguous” ReConnect program regulations require, said their complaint. ReConnect furnishes loans and grants to cover the costs of construction, improvement or acquisition of facilities and equipment needed to provide broadband service in eligible rural areas. In disregarding its own regulations, RUS “acted arbitrarily and capriciously in violation of the Administrative Procedure Act,” alleged the complaint. As a direct result of RUS’ violation of the APA, tribes such as Unalakleet and Elim have been irreparably harmed, it said. The issuance of awards in “contravention” of RUS regulations mandating tribal consent itself irreparably harms tribal “sovereignty,” because the right to approve or reject proposals over tribal lands can’t be restored by the payment of money, it said. Despite obtaining nearly $70 million in ReConnect funding, Interior and Mukluk haven’t begun construction and aren’t serving the Nome census area, it said. Because ReConnect regulations say that RUS won’t fund more than one project that serves any one given geographic area, the issuance of any award, even improper, has the effect of precluding tribal lands “from obtaining the benefit of any future awards from RUS,” it said. Tribes such as Unalakleet and Elim “have been forced to accept non-existent services from providers to which they did not consent and have been prevented from receiving services from providers to which they do consent,” said the complaint. RUS’ improper funding awards also compromise the rights of tribes “to benefit from alternative federal funding administered by agencies other than USDA,” such as NTIA’s broadband equity, access and deployment program, “causing additional irreparable harm,” it said. Unalakleet and Elim “have established that a preliminary injunction should issue,” it said They seek an order compelling RUS to “deobligate” Interior and Mukluk’s ReConnect program awards “until such time as they can be declared void and unenforceable through this action,” it said. They separately seek an order compelling RUS to designate the plaintiffs as unserved, “thus removing the cloud on eligibility for concurrent and future federal funding during the pendency of this action,” it said.
A proposed Missing and Endangered Persons (MEP) emergency alert system code was universally supported in comments from native groups, public safety officials, CTIA and NCTA. Comments were filed in docket 15-94 last week. Some entities differ on how a wireless emergency alert version should be implemented, and on whether an additional code is needed specifically for missing indigenous people. "There is little or no doubt that a dedicated alert code of this type will save lives and will therefore greatly exceed any nationwide implementation costs,” the National Tribal Telecommunications Association (NTTA) said of the MEP code.
A possible $2 billion clawback "would keep broadband as a key state priority," California Assembly Communications Committee Chair Tasha Boerner (D) said this week. With the state facing a tough fiscal situation, Gov. Gavin Newsom (D) Friday announced a May budget revision that included taking back promised additional funding for the state’s middle-mile network and eliminating a broadband fund for local governments. However, some digital equity advocates are sounding the alarm with state legislators.
FCC commissioners approved a notice of apparent liability of $8 million against K20 Wireless “for apparently willfully and repeatedly violating” affordable connectivity program rules. Also, the carrier will be removed from the program. “From at least June 2022 to May 2023, K20 sought and received ACP Tribal lands support for subscribers who were not eligible for those benefits,” said an order posted Friday. “For approximately 50 percent of these subscribers, the Company, after switching the subscriber’s ACP enrollment to K20, then changed the subscriber’s existing non-Tribal lands home address to a false address on Tribal lands not associated in any way with that subscriber,” the order said: “K20 then sought ACP reimbursement for those subscribers at the rate available for consumers residing on Tribal lands.”
Navajo Nation President Buu Nygren urged the FCC that it continue providing Lifeline funding for tribal households should the affordable connectivity program end. In a letter Friday in docket 21-450, Nygren said the Navajo Nation backed a Smith Bagley petition seeking an increase in tribal Lifeline support (see 2404080030). The temporary increase in support would "keep broadband affordable for tribal households, many of which are located in remote areas and are among the most in need of ACP and Lifeline support," Nygren said.
California aims to quickly expand broadband access using a large influx of state and federal funding, California Public Utilities Commission officials said at a virtual workshop Monday. "Eliminating the digital divide could not be more urgent than it is right now,” said Commissioner Darcie Houck, who is assigned to the agency’s California Advanced Services Fund (CASF) docket. "Crossing the finish line will take hard work and creativity from government, communities, carriers and all of our stakeholders." Since it was created in 2008, CASF has awarded about $400 million to more than 1,100 projects, including $40 million to 187 projects in 2023 alone, Houck said. When the deadline closed earlier this month for the $750 million Broadband Loan Loss Reserve Fund (BLLRF) program, the CPUC had received about 400 applications requesting $430 million, she said. The program is meant to fund nonprofits, local and tribal governments' broadband infrastructure deployment. The agency plans to announce BLLRF awards in Q2 and Q3 this year, she said. While there remain “barriers and inequalities” with broadband access in California, CPUC Deputy Director Maria Ellis said she is optimistic the state can soon close the digital “chasm.” However, Ellis noted that price is one key challenge. The federal affordable connectivity program helped reduce costs, but its possible sunset could mean low-income households will again face high bills soon, she said.
The Senate Communications Subcommittee has plans for following up the Commerce Committee’s Wednesday markup of the draft Spectrum and National Security Act (see 2404250061) with a Thursday hearing eyeing the future of federal affordable broadband programs. Meanwhile, Senate Commerce Chair Maria Cantwell, D-Wash., released a revised version of her draft spectrum bill Friday night as a substitute amendment that increases funding it would loan the FCC to keep the affordable broadband program running through the end of FY 2024. The new bill offers $7 billion, up $2 billion from the original proposal. That puts Cantwell’s legislation in line with the ACP Extension Act (HR-6929/S-3565), which also proposes $7 billion in stopgap funding. Cantwell’s revised spectrum bill also includes language from the Improving Minority Participation and Careers in Telecommunications Act to create an NTIA program to distribute money to historically Black, tribal and minority-serving colleges and universities to develop telecom sector job training (see 2108020061). Cantwell's bill proposes loaning NTIA $200 million for the program. Senate Communications’ Thursday hearing will include testimony from New Street’s Blair Levin and Kathryn de Wit, director-Pew Charitable Trusts broadband access initiative. Also set to testify: Economic Policy Innovation Center CEO Paul Winfree and New Mexico Office of Broadband Access and Expansion’s Jennifer Case Nevarez. The hearing will begin at 10 a.m. in 253 Russell.
Republican members of the House and Senate Commerce committees echoed arguments from opponents of the FCC’s draft net neutrality order in a letter to Chairwoman Jessica Rosenworcel ahead of the commission’s expected adoption of the new rules (see 2404190038). The panels’ Republicans are eying a range of potential actions countering the net neutrality bid (see 2404180058). Meanwhile, House Communications Subcommittee Chairman Bob Latta (Ohio) and 11 other Republicans urged Rosenworcel last Thursday to “leverage all resources at its disposal for a successful 5G Fund that maximizes the reach and effectiveness of the program.”
The anticipated end of the Affordable Connectivity Program will bring big competition among broadband internet access service providers for low-income subscribers, according to telecommunications and wireless industry analysts. Multiple BIAS providers are already rolling out new low-cost offerings or pledging to temporarily subsidize ACP subscribers as they seek to capture or keep them. More providers will follow suit, we're told. With the last of its funding, ACP will provide a $14 reimbursement in May rather than the usual $30 (see 2404100082).
Health and Human Services' Substance Abuse and Mental Health Services Administration (SAMHSA) will build a system for monitoring 988 Suicide and Crisis Lifeline contacts and evaluate outcomes as a way of supporting quality improvement, HHS said Tuesday. That was among an array of 988-related federal government pledges in HHS' national suicide prevention strategy and action plans, released Tuesday. The action plan said Housing and Urban Development will disseminate communications and educational material, including information about 988, to housing counseling grantees, fair housing grantees, homeless services organizations and public housing authorities. It said HHS would work with other federal agencies involved in suicide prevention to share information about 988 and other resources at monthly meetings with tribal community officials. It said HHS also would provide support for people diagnosed with both intellectual and developmental disabilities in accessing behavioral health crisis services through 988 centers. In addition, SAMHSA will fund a mobile crisis team locator for 988 centers and the Veterans Crisis Line, as well as develop a toolkit on 988/911 coordination. It said SAMHSA would work with others including the National Association of State Mental Health Program Directors and the National Association of State 911 Administrators to increase the number of states with established processes. Moreover, it will collaborate to increase the number of 911 diversion programs to 988 centers. The strategy's recommendations include raising awareness of 988 and other crisis services "with communications that are grounded in the principles of health equity and cultural sensitivity" and greater local collaboration and coordination between 988 call centers and 911 public safety answering points, as well as with police, fire and emergency medical services. The strategy also recommends ensuring 988 crisis counselors "provide effective suicide prevention services to all users, including those with substance use disorders."