The Infrastructure Investment and Jobs Act (“Infrastructure Act”) from 2021, which includes roughly $65 billion in several broadband deployment programs, required the FCC to report on its options for achieving its goals * of universal deployment, affordability, adoption, availability, and equitable access to broadband through the Universal Service Fund (“USF”) and other FCC programs. That report, entitled “Report on the Future of the Universal Service Fund” (FCC 22-67) was released last week.
Non-USF, non-FCC broadband programs referenced in the FCC’s Report include:
- The Broadband Equity, Access, and Deployment (“BEAD”) Program — $42.45 billion administered by the National Telecommunications and Information Administration (“NTIA”).
- ReConnect — $4.8 billion for rural broadband administered by the Rural Utilities Service.
- The Tribal Broadband Connectivity Program — $3 billion administered by NTIA.
- The Enabling Middle Mile Infrastructure Program — $1 billion administered by NTIA.
- The Broadband Infrastructure Program — $288 million, also administered by NTIA.
The FCC’s Report starts with the premise that the Infrastructure Act will not, by itself, meet all the FCC’s universal service broadband goals in part because “that funding is still in the early stages, and disbursements will likely go into 2026 or later.” Specifically, the FCC concluded that an analysis of whether “the E-Rate program will see a change in demand for subsidies given new, robust broadband networks serving schools can only be completed once BEAD Program funding has been used to fund network buildout and such buildout occurs.”
More broadly, the Report’s recommendations focus on the future role of the USF for “maintaining new and existing networks, promoting equitable access in underserved communities and populations, and ensuring sufficient support for the ever-expanding broadband needs of schools, libraries, and health care providers.” Most of these recommendations deal with the FCC’s High Cost Program; its Lifeline and Affordable Connectivity Program (“ACP”); and options for restructuring the USF contributions mechanism.
With respect to E-rate and ECF, ** the Report concludes:
It is expected that funding for community anchor institutions through the Infrastructure Act may complement funding available under the E-Rate and ECF programs for special construction funding requests. Special construction costs are the upfront, non-recurring costs of deploying new or upgraded network facilities to eligible schools and libraries, and special construction is eligible for funding in the E-Rate program and in limited circumstances, through the ECF program. In the ECF program, applicants have one year from the date of the funding commitment decision letter (FCDL) to complete any approved network construction projects. Because deployment of broadband networks to community anchor institutions through the Infrastructure Act is still years away, it is too early for the Commission to assess the effect this funding will have on existing efforts to use E-Rate, and in some cases ECF funding, to deploy gigabit-level broadband service to eligible schools and libraries, as well as the impact this additional funding will have on demand for E-Rate category one services. It is possible, however, that an influx of network construction funding may increase [emphasis added] demand for E-Rate support for the recurring services provided over these newly constructed high-speed networks. As such, the Commission will continue to work with its federal partners to monitor the progress of deployment of gigabit-level networks for use by eligible schools and libraries through the Infrastructure Act.
A more detailed review of the FCC’s USF report, entitled “The Future of Universal Service is Still in the Future,” is available from the Benton Institute.