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Broadband Internet Access and the Digital
Divide: Federal Assistance Programs
Lennard G. Kruger
Specialist in Science and Technology Policy
Angele A. Gilroy
Specialist in Telecommunications Policy
October 6, 2009January 12, 2010
Congressional Research Service
7-5700
www.crs.gov
RL30719
CRS Report for Congress
Prepared for Members and Committees of Congress
c11173008
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Broadband Internet Access and the Digital Divide: Federal Assistance Programs
Summary
The “digital divide” is a term that has been used to characterize a gap between “information haves
and have-nots,” or in other words, between those Americans who use or have access to
telecommunications technologies (e.g., telephones, computers, the Internet) and those who do
not. One important subset of the digital divide debate concerns high-speed Internet access and
advanced telecommunications services, also known as broadband. Broadband is provided by a
series of technologies (e.g., cable, telephone wire, fiber, satellite, wireless) that give users the
ability to send and receive data at volumes and speeds far greater than traditional “dial-up”
Internet access over telephone lines.
Broadband technologies are currently being deployed primarily by the private sector throughout
the United States. While the numbers of new broadband subscribers continue to grow, studies and
data suggest that the rate of broadband deployment in urban/suburban and high income areas are
outpacing deployment in rural and low-income areas. Some policymakers, believing that
disparities in broadband access across American society could have adverse economic and social
consequences on those left behind, assert that the federal government should play a more active
role to avoid a “digital divide” in broadband access. One approach is for the federal government
to provide financial assistance to support broadband deployment in unserved and underserved
areas.
Economic stimulus legislation enacted by the 111th Congress includes provisions that provides
federal financial assistance for broadband deployment. On February 17, 2009, President Obama
signed P.L. 111-5, the American Recovery and Reinvestment Act (ARRA). The ARRA provides a
total of $7.2 billion for broadband, consisting of $4.7 billion to NTIA/DOC for a newly
established Broadband Technology Opportunities Program and $2.5 billion to RUS/USDA
broadband programs.
The ARRA also directed the FCC to develop a national broadband strategy by February 17, 2010.
Based on the FCC plan and other factors, it is expected that the Obama Administration will
ultimately develop a national broadband policy or strategy that will seek to reduce or eliminate
the “digital divide” with respect to broadband. It is likely that elements of a national broadband
policy, in tandem with broadband investment measures in the American Recovery and
Reinvestment Act, will significantly shape and expand federal policies and programs to promote
broadband deployment and adoption. A key issue is how to strike a balance between providing
federal assistance for unserved and underserved areas where the private sector may not be
providing acceptable levels of broadband service, while at the same time minimizing any
deleterious effects that government intervention in the marketplace may have on competition and
private sector investment.
This report will be updated as events warrant.
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Broadband Internet Access and the Digital Divide: Federal Assistance Programs
Contents
Introduction ................................................................................................................................1
Status of Broadband Deployment in the United States .................................................................1
Broadband in Rural and Underserved Areas ................................................................................2
Is Broadband Deployment Data Adequate?..................................................................................4
Broadband and the Federal Role..................................................................................................6
Bush Administration .............................................................................................................7
Obama Administration ..........................................................................................................8
Current Federal Broadband Programs..........................................................................................8
Rural Utilities Service Programs ...........................................................................................9
The Universal Service Concept and the FCC .........................................................................9 10
Universal Service and the Telecommunications Act of 1996 .......................................... 10
Universal Service and Broadband.................................................................................. 12
Legislation in the 110th Congress............................................................................................... 13
Legislation in the 111th Congress ............................................................................................... 14
P.L. 111-5: The American Recovery and Reinvestment Act of 2009..................................... 1415
Other Broadband Legislation in the 111th Congress.............................................................. 16
Concluding Observations .......................................................................................................... 18
Tables
Table 1. Selected Federal Domestic Assistance Programs Related to Broadband and
Telecommunications Development ......................................................................................... 19
Contacts
Author Contact Information ...................................................................................................... 23
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Broadband Internet Access and the Digital Divide: Federal Assistance Programs
Introduction
The “digital divide” is a term used to describe a perceived gap between “information haves and
have-nots,” or in other words, between those Americans who use or have access to
telecommunications technologies (e.g., telephones, computers, the Internet) and those who do
not.1 Whether or not individuals or communities fall into the “information haves” category
depends on a number of factors, ranging from the presence of computers in the home, to training
and education, to the availability of affordable Internet access.
Broadband technologies are currently being deployed primarily by the private sector throughout
the United States. While the numbers of new broadband subscribers continue to grow, studies and
data suggest that the rate of broadband deployment in urban/suburban and high income areas are
outpacing deployment in rural and low-income areas. Some policymakers, believing that
disparities in broadband access across American society could have adverse economic and social
consequences on those left behind, assert that the federal government should play a more active
role to avoid a “digital divide” in broadband access. One approach—adopted in the American
Recovery and Reinvestment Act of 2009 (P.L. 111-5)—is for the federal government to provide
financial assistance, in the form of grants, loans, and grant/loan combinations, to support
broadband deployment in unserved and underserved areas.
Status of Broadband Deployment in the United
States
Prior to the late 1990s, American homes accessed the Internet at maximum speeds of 56 kilobits
per second by dialing up an Internet Service Provider (such as AOL) over the same copper
telephone line used for traditional voice service. A relatively small number of businesses and
institutions used broadband or high speed connections through the installation of special
“dedicated lines” typically provided by their local telephone company. Starting in the late 1990s,
cable television companies began offering cable modem broadband service to homes and
businesses. This was accompanied by telephone companies beginning to offer DSL service
(broadband over existing copper telephone wireline). Growth has been steep, rising from 2.8
million high speed lines reported as of December 1999, to 132.8 million lines as of June 30, 2008.
Of the 132.8 million high speed lines reported by the FCC, 79.1 million serve residential users.2
Since the deployment of residential broadband in the United States, the primary residential
broadband technologies deployed continue to be cable modem and DSL. A distinction is often
made between “current generation” and “next generation” broadband (commonly referred to as
next generation networks or NGN). “Current generation” typically refers to currently deployed
cable, DSL, and many wireless systems, while “next generation” refers to dramatically faster
download and upload speeds offered by fiber technologies and also potentially by future
generations of cable, DSL, and wireless technologies. 3 In general, the greater the download and
1
The term “digital divide” can also refer to international disparities in access to information technology. This report
focuses on domestic issues only.
2
FCC, High-Speed Services for Internet Access: Status as of June 30, 2008, July 2009. Available at
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-292191A1.pdf.
3
Initially, and for many years following, the FCC defined broadband (or more specifically “high-speed lines”) as over
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Broadband Internet Access and the Digital Divide: Federal Assistance Programs
upload speeds offered by a broadband connection, the more sophisticated (and potentially
valuable) the application that is enabled.
AprilDecember 2009 survey data from the Pew Internet and American Life Project found that 6360% of
adult Americans have broadband at home. 4 The FCC estimates that 3 to 6 million households (2
to 5%
of all U.S. household units) have no access to broadband. 5 While the broadband adoption or
or penetration rate stands at overabout 60% of U.S. households, broadband availability is much
higher, at
more than 90% of households. Thus, approximately 30% of households have access to
some type
of terrestrial (non-satellite) broadband service, but do not choose to subscribe.
According to the
FCC, possible reasons for the gap between broadband availability and
subscribership include the
lack of computers in some homes, price of broadband service, lack of
content, and the availability
of broadband at work. 6 According to Pew, non-broadband users tend
to be older, have lower
incomes, have trouble using technology, and may not see the relevance of
using the Internet to
their lives. Between 2008 and 2009, African Americans showed below
average growth in home
broadband adoption after strong growth in previous years.7 Pew also
found that about one-third of
adults without broadband cite price as the reason why they don’t
have broadband in their homes,
while two-thirds cite reasons such as lack of availability, usability
and relevance. 8
Broadband in Rural and Underserved Areas9
While the number of new broadband subscribers continues to grow, the rate of broadband
deployment in urban and high income areas appears to be outpacing deployment in rural and lowincome areas. While there are many examples of rural communities with state of the art
telecommunications facilities, 10 recent surveys and studies have indicated that, in general, rural
areas tend to lag behind urban and suburban areas in broadband deployment. Data (2009) from
from the Pew
Internet & American Life Project indicate that while broadband adoption is growing in
urban, suburban, and rural areas, broadband users make up larger percentages of urban and urban,
(...continued)
200 kilobits per second (kbps) in at least one direction, which was roughly four times the speed of conventional dialup
Internet access. In recent years, the 200 kbps threshold was considered too low, and on March 19, 2008, the FCC
adopted a report and order (FCC 08-89) establishing new categories of broadband speed tiers for data collection
purposes. Specifically, 200 kbps to 768 kbps will be considered “first generation,” 768 kbps to 1.5 Mbps as “basic
broadband tier 1,” and increasingly higher speed tiers as broadband tiers 2 through 7 (tier seven is greater than or equal
to 100 Mbps in any one direction). Tiers can change as technology advances.
4
Horrigan, JohnRainie, Lee, Pew Internet & American Life Project, Home Broadband Adoption 2009, June 2009, available at
Internet, broadband, and cell phone statistics, January 5, 2010, p.
4, available at http://www.pewinternet.org/~/media//Files/Reports/2009/Home-Broadband-Adoption-2009.pdf.
5
2010/PIP_December09_update.pdf.
5
Broadband defined as download speed of at least 768 kbps. See FCC, presentation on the National Broadband Plan
delivered at the September Commission Meeting, September 29, 2009, p. 35, available at http://hraunfoss.fcc.gov/
edocs_public/attachmatch/DOC-293742A1.pdf.
6
Federal Communications Commission, Fourth Report to Congress, “Availability of Advanced Telecommunications
Capability in the United States,” GN Docket No. 04-54, FCC 04-208, September 9, 2004, p. 38. Available at
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-208A1.pdf.
7
Home Broadband Adoption 2009, p. 4Horrigan, John, Pew Internet & American Life Project, Home Broadband Adoption 2009, June 2009, p. 4, available at
http://www.pewinternet.org/~/media//Files/Reports/2009/Home-Broadband-Adoption-2009.pdf.
8
Ibid., p. 7-8.
9
For more information on rural broadband and broadband programs at the Rural Utilities Service, see CRS Report
RL33816, Broadband Loan and Grant Programs in the USDA’s Rural Utilities Service, by Lennard G. Kruger.
10
See for example: National Exchange Carrier Association (NECA), Trends 2006: Making Progress With Broadband,
2006, 26 p. Available at http://www.neca.org/media/trends_brochure_website.pdf.
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suburban , and rural areas, broadband users make up larger percentages of urban and suburban
users than rural users. Pew found that the percentage of all U.S. adults with broadband
at home is 67% for non-rural and 46
61% for urban areas, 64% for suburban areas, and 47% for rural areas.11
The comparatively lower population density of rural areas is likely the major reason why
broadband is less deployed than in more highly populated suburban and urban areas. Particularly
for wireline broadband technologies—such as cable modem and DSL—the greater the
geographical distances among customers, the larger the cost to serve those customers. Thus, there
is often less incentive for companies to invest in broadband in rural areas than, for example, in an
urban area where there is more demand (more customers with perhaps higher incomes) and less
cost to wire the market area.12
Some policymakers believe that disparities in broadband access across American society could
have adverse consequences on those left behind, and that advanced telecommunications
applications critical for businesses and consumers to engage in e-commerce are increasingly
dependent on high speed broadband connections to the Internet. Thus, some say, communities and
individuals without access to broadband could be at risk to the extent that e-commerce becomes a
critical factor in determining future economic development and prosperity. A February 2006 study
done by the Massachusetts Institute of Technology for the Economic Development
Administration of the Department of Commerce marked the first attempt to quantitatively
measure the impact of broadband on economic growth. The study found that “between 1998 and
2002, communities in which mass-market broadband was available by December 1999
experienced more rapid growth in employment, the number of businesses overall, and businesses
in IT-intensive sectors, relative to comparable communities without broadband at that time.”13
A June 2007 report from the Brookings Institution found that for every one percentage point
increase in broadband penetration in a state, employment is projected to increase by 0.2 to 0.3%
per year. For the entire U.S. private non-farm economy, the study projected an increase of about
300,000 jobs.14
Subsequently, a July 2009 study commissioned by the Internet Innovation Alliance found net
consumer benefits of home broadband on the order of $32 billion per year, up from an estimated
$20 billion in consumer benefits from home broadband in 2005.15
Some also argue that broadband is an important contributor to U.S. future economic strength with
respect to the rest of the world. According to the International Telecommunications Union, the
U.S. ranks 16th worldwide in broadband penetration (subscriptions per 100 inhabitants in 2008).16
11
Home Broadband Adoption 2009, p. 1411
Internet, broadband, and cell phone statistics, p. 4.
The terrain of rural areas can also be a hindrance to broadband deployment because it is more expensive to deploy
broadband technologies in a mountainous or heavily forested area. An additional added cost factor for remote areas can
be the expense of “backhaul” (e.g., the “middle mile”) which refers to the installation of a dedicated line which
transmits a signal to and from an Internet backbone which is typically located in or near an urban area.
13
Gillett, Sharon E., Massachusetts Institute of Technology, Measuring Broadband’s Economic Impact, report
prepared for the Economic Development Administration, U.S. Department of Commerce, February 28, 2006 p. 4.
12
14
Crandall, Robert, William Lehr, and Robert Litan, The Effects of Broadband Deployment on Output and
Employment: A Cross-sectional Analysis of U.S. Data, June 2007, 20 pp. Available at http://www3.brookings.edu/
views/papers/crandall/200706litan.pdf.
15
Mark Dutz, Jonathan Orszag, and Robert Willig, The Substantial Consumer Benefits of Broadband Connectivity for
U.S. Households, Internet Innovation Alliance, July 2009, p. 4, http://internetinnovation.org/files/special-reports/
CONSUMER_BENEFITS_OF_BROADBAND.pdf.
16
International Telecommunications Union, Economies by broadband penetration, 2008. Available at
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U.S. ranks 16th worldwide in broadband penetration (subscriptions per 100 inhabitants in 2008).16
Data from the Organization for Economic Cooperation and Development (OECD) found the U.S.
ranking 15th among OECD nations in broadband access per 100 inhabitants as of December
2008June 2009.17 By
contrast, in 2001 an OECD study found the U.S. ranking 4th in broadband
subscribership per 100
inhabitants (after Korea, Sweden, and Canada).18 While many argue that
the U.S. declining
performance in international broadband rankings is a cause for concern,19
19 others maintain that the
OECD and ITU data undercount U.S. broadband deployment, 20 and that
cross-country broadband
deployment comparisons are not necessarily meaningful and inherently
problematic.21 Finally, an
issue related to international broadband rankings is the extent to which
broadband speeds and
prices differ between the U.S. and the rest of the world. 22
Is Broadband Deployment Data Adequate?
Obtaining an accurate snapshot of the status of broadband deployment is problematic. Anecdotes
abound of rural and low-income areas which do not have adequate Internet access, as well as
those which are receiving access to high-speed, state-of-the-art connections. Rapidly evolving
technologies, the constant flux of the telecommunications industry, the uncertainty of consumer
wants and needs, and the sheer diversity and size of the nation’s economy and geography make
the status of broadband deployment very difficult to characterize. The FCC periodically collects
broadband deployment data from the private sector via “FCC Form 477”—a standardized
information gathering survey. Statistics derived from the Form 477 survey are published every six
months. Additionally, data from Form 477 are used as the basis of the FCC’s (to date) five
broadband deployment reports.
The FCC is working to refine the data used in future Reports in order to provide an increasingly
accurate portrayal. In its March 17, 2004 Notice of Inquiry for the Fourth Report, the FCC sought
(...continued)
16
International Telecommunications Union, Economies by broadband penetration, 2008. Available at
http://www.itu.int/ITU-D/ict/statistics/at_glance/top20_broad_2008.html.
17
OECD, OECD Broadband Portal. Available at http://www.oecd.org/sti/ict/broadband.
18
OECD, Directorate for Science, Technology and Industry, The Development of Broadband Access in OECD
Countries, October 29, 2001, 63 pp. For a comparison of government broadband policies, also see OECD, Directorate
for Science, Technology and Industry, Broadband Infrastructure Deployment: The Role of Government Assistance,
May 22, 2002, 42 pp.
19
See Turner, Derek S., Free Press, Broadband Reality Check II: The Truth Behind America’s Digital Divide, August
2006, pp 8-11. Available at http://www.freepress.net/files/bbrc2-final.pdf; and Turner, Derek S., Free Press, ‘Shooting
the Messenger’ Myth vs. Reality: U.S. Broadband Policy and International Broadband Rankings, July 2007, 25 pp.,
available at http://www.freepress.net/files/shooting_the_messenger.pdf.
20
National Telecommunications and Information Administration, Fact Sheet: United States Maintains Information and
Communication Technology (ICT) Leadership and Economic Strength, at http://www.ntia.doc.gov/ntiahome/press/
2007/ICTleader_042407.html.
21
See Wallsten, Scott, Progress and Freedom Foundation, Towards Effective U.S. Broadband Policies, May 2007, 19
pp. Available at http://www.pff.org/issues-pubs/pops/pop14.7usbroadbandpolicy.pdf. Also see Ford, George, Phoenix
Center, The Broadband Performance Index: What Really Drives Broadband Adoption Across the OECD?, Phoenix
Center Policy Paper Number 33, May 2008, 27 pp; available at http://www.phoenix-center.org/pcpp/PCPP33Final.pdf.
22
See price and services and speed data on OECD Broadband Portal, available at http://www.oecd.org/sti/ict/
broadband; Turner, Derek S., Free Press, Broadband Reality Check II: The Truth Behind America’s Digital Divide,
August 2006, pp 5-9; Kende, Michael, Analysis Consulting Limited, Survey of International Broadband Offerings,
October 4, 2006, 12 p, available at http://www.analysys.com/pdfs/BroadbandPerformanceSurvey.pdf; and Atkinson,
Robert D., The International Technology and Innovation Foundation, Explaining International Broadband Leadership,
May 2008, 108 p, available at http://www.itif.org/files/ExplainingBBLeadership.pdf.
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The FCC is working to refine the data used in future Reports in order to provide an increasingly
accurate portrayal. In its March 17, 2004 Notice of Inquiry for the Fourth Report, the FCC sought
comments on specific proposals to improve the FCC Form 477 data gathering program. 23 On
November 9, 2004, the FCC voted to expand its data collection program by requiring reports
from all facilities based carriers regardless of size in order to better track rural and underserved
markets, by requiring broadband providers to provide more information on the speed and nature
of their service, and by establishing broadband-over-power line as a separate category in order to
track its development and deployment. The FCC Form 477 data gathering program was extended
for five years beyond its March 2005 expiration date.24
The Government Accountability Office (GAO) has cited concerns about the FCC’s zip-code level
data. Of particular concern is that the FCC will report broadband service in a zip code even if a
company reports service to only one subscriber, which in turn can lead to some observers
overstating broadband deployment. According to GAO, “the data may not provide a highly
accurate depiction of local deployment of broadband infrastructures for residential service,
especially in rural areas.” The FCC has acknowledged the limitations in its zip code level data.25
On April 16, 2007, the FCC announced a Notice of Proposed Rulemaking which sought comment
on a number of broadband data collection issues, including how to develop a more accurate
picture of broadband deployment; gathering information on price, other factors determining
consumer uptake of broadband, and international comparisons; how to improve data on wireless
broadband; how to collect information on subscribership to voice over Internet Protocol service
(VoIP); and whether to modify collection of speed tier information.26
On March 19, 2008, the FCC adopted an Order that substantially expands its broadband data
collection capability. Specifically, the Order expands the number of broadband reporting speed
tiers to capture more information about upload and download speeds offered in the marketplace,
requires broadband providers to report numbers of broadband subscribers by census tract, and
improves the accuracy of information collected on mobile wireless broadband deployment.
Additionally, in a Further Notice of Proposed Rulemaking, the FCC sought comment on
broadband service pricing and availability. 27 The most recent data release (July 2009, providing
data as of June 30, 2008) is the final data set gathered under the old FCC Form 477. The next data
report – end of year 2008 data gathered in March 2009 – will reflect the new Form 477 data
collection requirements.
During the 110th Congress, state initiatives to collect broadband deployment data in order to
promote broadband in underserved areas were viewed as a possible model for governmental
23
Federal Communications Commission, Notice of Inquiry, “Concerning the Deployment of Advanced
Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and possible Steps to
Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996,” FCC 04-55, March 17,
2004, p. 6.
24
FCC News Release, FCC Improves Data Collection to Monitor Nationwide Broadband Rollout, November 9, 2004.
Available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254115A1.pdf.
25
U.S. Government Accountability Office, Broadband Deployment is Extensive throughout the United States, but It Is
Difficult to Assess the Extent of Deployment Gaps in Rural Areas, GAO-06-426, May 2006, p. 3.
26
Federal Communications Commission, Notice Proposed Rulemaking, “Development of Nationwide Broadband Data
to Evaluate Reasonable and Timely Deployment of Advanced Services to All Americans, Improvement of Wireless
Broadband Subscribership Data, and Development of Data on Interconnected Voice Over Internet Protocol (VoIP)
Subscribership,” WC Docket No. 07-38, FCC 07-17, released April 16, 2007, 56 pp.
27
FCC, News Release, “FCC Expands, Improves Broadband Data Collection,” March 19, 2008. Available at
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280909A1.pdf.
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During the 110th Congress, state initiatives to collect broadband deployment data in order to
promote broadband in underserved areas were viewed as a possible model for governmental
efforts to encourage broadband. In particular, an initiative in the Commonwealth of Kentucky—
called ConnectKentucky—has developed detailed broadband inventory mapping which identifies
local communities that lack adequate broadband service. Kentucky is using this data to promote
public-private partnerships in order to reach a goal of universal broadband coverage in the state.28
Other states are pursuing or considering similar approaches.
The 110th Congress explored ways to support or implement the types of broadband mapping and
data collection efforts demonstrated by ConnectKentucky. The Broadband Data Improvement Act
was enacted by the 110th Congress and became P.L. 110-385 on October 10, 2008. The law
requires the FCC to collect demographic information on unserved areas, data comparing
broadband service with 75 communities in at least 25 nations abroad, and data on consumer use
of broadband. The act also directs the Census Bureau to collect broadband data, the Government
Accountability Office to study broadband data metrics and standards, and the Department of
Commerce to provide grants supporting state broadband initiatives.
P.L. 111-5, the American Recovery and Reinvestment Act, provides NTIA with an appropriation
of $350 million to implement the Broadband Data Improvement Act and to develop and maintain
a national broadband inventory map, which shall be made accessible to the public no later than
two years after enactment.
Broadband and the Federal Role
The Telecommunications Act of 1996 (P.L. 104-104) addressed the issue of whether the federal
government should intervene to prevent a “digital divide” in broadband access. Section 706
requires the FCC to determine whether “advanced telecommunications capability [i.e., broadband
or high-speed access] is being deployed to all Americans in a reasonable and timely fashion.” If
this is not the case, the act directs the FCC to “take immediate action to accelerate deployment of
such capability by removing barriers to infrastructure investment and by promoting competition
in the telecommunications market.”
Since 1999, the FCC has issued and adopted five reports pursuant to Section 706. All five reports
formally concluded that the deployment of advanced telecommunications capability to all
Americans is reasonable and timely. The fifth and most recent 706 report was adopted on March
19, 2008, and released on June 12, 2008.29 Two FCC Commissioners (Michael Copps and
Jonathan Adelstein) dissented from the reports’ conclusions that broadband deployment is
reasonable and timely, arguing that the relatively poor world ranking of United States broadband
penetration indicates that deployment is insufficient, that the FCC’s definition of broadband was
outdated and not comparable to the much higher speeds available to consumers in other countries,
that the use of zip code data (measuring the presence of at least one broadband subscriber within
a zip code area) did not sufficiently characterize the availability of broadband across geographic
28
Testimony of Brian Mefford, President and CEO, Connected Nation, Inc., before the Senate Committee on
Commerce, Science and Transportation, April 24, 2007. Available at http://commerce.senate.gov/public/_files/
DC_Committeetestimony_04_23_07.pdf.
29
Federal Communications Commission, Fifth Report, “In the Matter of Inquiry Concerning the Deployment of
Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and Possible Steps
to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996,” GN Docket No. 0745, FCC 08-88, Adopted March 19, 2008, Released June 12, 2008. 76 pp. Available at http://hraunfoss.fcc.gov/
edocs_public/attachmatch/FCC-08-88A1.pdf.
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that the use of zip code data (measuring the presence of at least one broadband subscriber within
a zip code area) did not sufficiently characterize the availability of broadband across geographic
areas, and that broadband deployment is impeded by the lack of a comprehensive national
broadband policy. 30
On August 7, 2009, the FCC issued a Notice of Inquiry31 which will gather public comment on its
sixth Section 706 report, due to be delivered to Congress on February 3, 2010. The sixth report is
intertwined with, and will draw upon, the FCC’s National Broadband Plan that Congress
mandated in the American Recovery and Reinvestment Act. The FCC’s National Broadband Plan
is due to be released by FebruaryMarch 17, 2010.
Bush Administration
The Bush Administration pursued a broadband policy that emphasized deregulation, nonintervention by government in the marketplace, and general tax policies intended to foster overall
economic growth. On March 26, 2004, President Bush endorsed a goal of “universal broadband
access by 2007,” and on April 26, 2004, announced a broadband initiative which included
promoting legislation which would permanently prohibit all broadband taxes, making spectrum
available for wireless broadband and creating technical standards for broadband over power lines,
and simplifying rights-of-way processes on federal lands for broadband providers.32
Subsequently, on January 31, 2008, NTIA released a report, entitled, Networked Nation:
Broadband in America, 2007 which characterized the Bush Administration’s broadband initiative
as follows:
From its first days, the Administration has implemented a comprehensive and integrated
package of technology, regulatory, and fiscal policies designed to lower barriers and create
an environment in which broadband innovation and competition can flourish.33
The Bush Administration broadband policy embraced the view that a minimum of government
intervention would create an economic climate favorable to private sector investment in the
broadband market. According to NTIA, the report showed “that the Administration’s technology,
regulatory, and fiscal policies have stimulated innovation and competition, and encouraged
investment in the U.S. broadband market contributing to significantly increased accessibility of
broadband services.”34
During the 110th Congress, some policymakers disagreed with the Bush Administration’s
assessment and asserted that the federal government should play a more active role to avoid a
“digital divide” in broadband access. Bills were introduced seeking to provide federal financial
assistance for broadband deployment in the form of grants, loans, subsidies, and/or tax credits.
30
Ibid., pp. 5, 7.
FCC, Notice of Inquiry, GN Docket No. 09-137 and GN Docket No. 09-51, FCC 09-65, released August 7, 2009,
available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-65A1.pdf.
31
32
See White House, A New Generation of American Innovation, April 2004. Available at http://www.whitehouse.gov/
infocus/technology/economic_policy200404/innovation.pdf.
33
U.S. Department of Commerce, National Telecommunications and Information Administration, Networked Nation:
Broadband in America 2007, January 2008, p. I. Available at http://www.ntia.doc.gov/reports/2008/
NetworkedNationBroadbandinAmerica2007.pdf.
34
NTIA, Press Release, “Gutierrez Hails Dramatic U.S. Broadband Growth,” January 31, 2008. Available at
http://www.ntia.doc.gov/ntiahome/press/2008/NetworkedNation_013108.html.
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“digital divide” in broadband access. Bills were introduced seeking to provide federal financial
assistance for broadband deployment in the form of grants, loans, subsidies, and/or tax credits.
Obama Administration
It is expected that the Obama Administration will ultimately develop a national broadband policy
or strategy that will seek to reduce or eliminate the “digital divide” with respect to broadband.
One of the key elements of the Obama transition’s technology agenda was to “deploy nextgeneration broadband,” and specifically:
Work towards true broadband in every community in America through a combination of
reform of the Universal Service Fund, better use of the nation’s wireless spectrum,
promotion of next-generation facilities, technologies and applications, and new tax and loan
incentives. America should lead the world in broadband penetration and Internet access.35
The Obama campaign released a policy blueprint for technology and innovation that included
policy proposals intended to result in full broadband penetration and deployment of nextgeneration broadband. Specifically, policy proposals included:
•
redefining broadband at speeds “demanded by 21st century business and
communications;”
•
reforming universal service to support affordable broadband specifically focusing
on unserved communities;
•
creating incentives for more efficient use of government spectrum and new
standards for commercial spectrum to bring affordable broadband to rural
communities;
•
ensuring that schools, libraries and hospitals have access to next-generation
networks and that adequate training and resources are available to enable these
institutions to take full advantage of broadband connectivity; and
•
encouraging public/private partnerships at the local level that result in broadband
to unserved communities.36
It is likely that these and other potential elements of a national broadband policy, in tandem with
broadband investment measures and development of a national broadband strategy by the FCC as
directed by the American Recovery and Reinvestment Act of 2009, will significantly shape and
expand federal policies and programs intended to promote broadband deployment and adoption.
Current Federal Broadband Programs
Aside from the broadband programs newly established by the American Recovery and
Reinvestment Act of 2009 (P.L. 111-5),37 the Rural Broadband Access Loan and Loan Guarantee
Program and the Community Connect Broadband Grants, both at the Rural Utilities Service of the
U.S. Department of Agriculture, are currently the only federal programs exclusively dedicated to
35
Office of the President-Elect, Technology Agenda, available at http://change.gov/agenda/technology_agenda.
36
Barack Obama, Connecting and Empowering All Americans Through Technology and Innovation, 2008, available at
http://obama.3cdn.net/780e0e91ccb6cdbf6e_6udymvin7.pdf.
37
37
See CRS Report R40436, Broadband Infrastructure Programs in the American Recovery and Reinvestment Act, by
Lennard G. Kruger.(continued...)
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Program and the Community Connect Broadband Grants, both at the Rural Utilities Service of the
U.S. Department of Agriculture, are currently the only federal programs exclusively dedicated to
deploying broadband infrastructure. However, there exist other federal programs that provide
financial assistance for various aspects of telecommunications development. The major vehicle
for funding telecommunications development, particularly in rural and low-income areas, is the
Universal Service Fund (USF). While the USF’s High Cost Program does not explicitly fund
broadband infrastructure, subsidies are used, in many cases, to upgrade existing telephone
networks so that they are capable of delivering high-speed services. Additionally, subsidies
provided by USF’s Schools and Libraries Program and Rural Health Care Program are used for a
variety of telecommunications services, including broadband access.
Table 1 (at the end of this report) shows selected federal domestic assistance programs
throughout the federal government that currently can be associated with broadband and
telecommunications development. The table categorizes the programs in three ways: programs
exclusively devoted to the deployment of broadband infrastructure; programs which focus on or
include deployment of telecommunications infrastructure generally (which typically can and does
include broadband); and applications-specific programs which fund some aspect of broadband
access or adoption as a means towards supporting a particular application, such as distance
learning or telemedicine.
Rural Utilities Service Programs
The Rural Electrification Administration (REA), subsequently renamed the Rural Utilities Service
(RUS), was established by the Roosevelt Administration in 1935. Initially, it was established to
provide credit assistance for the development of rural electric systems. In 1949, the mission of
REA was expanded to include rural telephone providers. Congress further amended the Rural
Electrification Act in 1971 to establish within REA a Rural Telephone Account and the Rural
Telephone Bank (RTB). Rural Telephone Loans and Loan Guarantees provide long-term direct
and guaranteed loans for telephone lines, facilities, or systems to furnish and improve
telecommunications service in rural areas. The RTB—liquidated in FY2006—was a publicprivate partnership intended to provide additional sources of capital that would supplement loans
made directly by RUS. Another program, the Distance Learning and Telemedicine Program,
specifically addresses health care and education needs of rural America.
RUS implements two programs specifically targeted at providing assistance for broadband
deployment in rural areas: the Rural Broadband Access Loan and Loan Guarantee Program and
Community Connect Broadband Grants. The 110th Congress reauthorized and reformed the Rural
Broadband Access Loan and Loan Guarantee program as part of the 2008 farm bill (P.L. 110234). For further information on rural broadband and the RUS broadband programs, see CRS
Report RL33816, Broadband Loan and Grant Programs in the USDA’s Rural Utilities Service, by
Lennard G. Kruger.
(...continued)
Lennard G. Kruger.
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The Universal Service Concept and the FCC38
Since its creation in 1934 the Federal Communications Commission (FCC) has been tasked with
“... mak[ing] available, so far as possible, to all the people of the United States, ... a rapid,
38
The section on universal service was prepared by Angele Gilroy, Specialist in Telecommunications, Resources,
Science and Industry Division. For more information on universal service, see CRS Report RL33979, Universal
Service Fund: Background and Options for Reform, by Angele A. Gilroy.
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efficient, Nation-wide, and world-wide wire and radio communications service with adequate
facilities at reasonable charges.... ”39 This mandate led to the development of what has come to be
known as the universal service concept.
The universal service concept, as originally designed, called for the establishment of policies to
ensure that telecommunications services are available to all Americans, including those in rural,
insular and high cost areas, by ensuring that rates remain affordable. Over the years this concept
fostered the development of various FCC policies and programs to meet this goal. The FCC offers
universal service support through a number of direct mechanisms that target both providers of and
subscribers to telecommunications services.40
The development of the federal universal service high cost fund is an example of providertargeted support. Under the high cost fund, eligible telecommunications carriers, usually those
serving rural, insular and high cost areas, are able to obtain funds to help offset the higher than
average costs of providing telephone service. 41 This mechanism has been particularly important to
rural America where the lack of subscriber density leads to significant costs. FCC universal
service policies have also been expanded to target individual users. Such federal programs
include two income-based programs, Link Up and Lifeline, established in the mid-1980s to assist
economically needy individuals. The Link Up program assists low-income subscribers pay the
costs associated with the initiation of telephone service and the Lifeline program assists lowincome subscribers pay the recurring monthly service charges. Funding to assist carriers
providing service to individuals with speech and/or hearing disabilities is also provided through
the Telecommunications Relay Service Fund. Effective January 1, 1998, schools, libraries, and
rural health care providers also qualified for universal service support.
Universal Service and the Telecommunications Act of 1996
Passage of the Telecommunications Act of 1996 (P.L. 104-104) codified the long-standing
commitment by U.S. policymakers to ensure universal service in the provision of
telecommunications services.
The Schools and Libraries, and Rural Health Care Programs
Congress, through the 1996 Act, not only codified, but also expanded the concept of universal
service to include, among other principles, that elementary and secondary schools and
classrooms, libraries, and rural health care providers have access to telecommunications services
for specific purposes at discounted rates. (See Sections 254(b)(6) and 254(h)of the 1996
Telecommunications Act, 47 U.S.C. 254.)
1. The Schools and Libraries Program. Under universal service provisions contained in the 1996
Act, elementary and secondary schools and classrooms and libraries are designated as
beneficiaries of universal service discounts. Universal service principles detailed in Section
254(b)(6) state that “Elementary and secondary schools and classrooms ... and libraries should
39
38
The section on universal service was prepared by Angele Gilroy, Specialist in Telecommunications, Resources,
Science and Industry Division. For more information on universal service, see CRS Report RL33979, Universal
Service Fund: Background and Options for Reform, by Angele A. Gilroy.
39
Communications Act of 1934, As Amended, Title I sec.1 [47 U.S.C. 151].
40
40
Many states participate in or have programs that mirror FCC universal service mechanisms to help promote universal
service goals within their states.
41
Additional FCC policies such as rate averaging and pooling have also been implemented to assist high cost carriers.
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for specific purposes at discounted rates. (See Sections 254(b)(6) and 254(h)of the 1996
Telecommunications Act, 47 U.S.C. 254.)
1. The Schools and Libraries Program. Under universal service provisions contained in the 1996
Act, elementary and secondary schools and classrooms and libraries are designated as
beneficiaries of universal service discounts. Universal service principles detailed in Section
254(b)(6) state that “Elementary and secondary schools and classrooms ... and libraries should
have access to advanced telecommunications services.... ” The act further requires in Section
254(h)(1)(B) that services within the definition of universal service be provided to elementary
and secondary schools and libraries for education purposes at discounts, that is at “rates less than
the amounts charged for similar services to other parties.”
The FCC established the Schools and Libraries Division within the Universal Service
Administrative Company (USAC) to administer the schools and libraries or “E (education)-rate”
program to comply with these provisions. Under this program, eligible schools and libraries
receive discounts ranging from 20 to 90 percent for telecommunications services depending on
the poverty level of the school’s (or school district’s) population and its location in a high cost
telecommunications area. Three categories of services are eligible for discounts: internal
connections (e.g., wiring, routers and servers); Internet access; and telecommunications and
dedicated services, with the third category receiving funding priority. According to data released
by program administrators, approximately $23 billion in funding has been committed over the
first eleven years of the program with funding released to all states, the District of Columbia and
all territories. Funding commitments for funding Year 2009 (July 1, 2009 - June 30, 2010), the
twelfth and current year of the program, totaled $1.04almost $2.0 billion as of October 6, 2009January 12, 2010.42
2. The Rural Health Care Program. Section 254(h) of the 1996 Act requires that public and nonprofit rural health care providers have access to telecommunications services necessary for the
provision of health care services at rates comparable to those paid for similar services in urban
areas. Subsection 254(h)(1) further specifies that “to the extent technically feasible and
economically reasonable” health care providers should have access to advanced
telecommunications and information services. The FCC established the Rural Health Care
Division (RHCD) within the USAC to administer the universal support program to comply with
these provisions. Under FCC established rules only public or non-profit health care providers are
eligible to receive funding. Eligible health care providers, with the exception of those requesting
only access to the Internet, must also be located in a rural area. The funding ceiling, or cap, for
this support was established at $400 million annually. The funding level for Year One of the
program (January 1998 - June 30, 1999) was set at $100 million. Due to less than anticipated
demand, the FCC established a $12 million funding level for the second year (July 1, 1999 to
June 30, 2000) of the program but has since returned to a $400 million yearly cap. As of March
17, 2009, covering the first 11 years of the program, a total of $284.7 million has been committed
to 4,167 rural health care providers. The primary use of the funding is to provide reduced rates for
telecommunications and information services necessary for the provision of health care.43
42
For additional information on this program, including funding commitments, see the E-rate website:
http://www.universalservice.org/sl/.
43
For additional information on this program, including funding commitments, see the RHCD website:
http://www.universalservice.org/rhc/.
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The Telecommunications Development Fund
Section 714 of the 1996 Act created the Telecommunications Development Fund (TDF). The TDF
is a private, non-governmental, venture capital corporation currently overseen by a five-member
board of directors and fund management. The TDF focuses on seed, early stage, and select later
stage investments in communications and has $9080 million under management in two funds. Fund
I is no longer making new investments. Fund II remains active and currently has 13 companies in
its investment portfolio Funding is largely derived from the interest earned from the upfront
42
For additional information on this program, including funding commitments, see the E-rate website:
http://www.universalservice.org/sl/.
43
For additional information on this program, including funding commitments, see the RHCD website:
http://www.universalservice.org/rhc/.
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payments bidders submit to participate in FCC auctions. The TDF also provides entrepreneur
education, training, management and technical assistance in underserved rural and urban
communities through the TDF Foundation.44
Universal Service and Broadband
One of the policy debates surrounding universal service is whether access to advanced
telecommunications services (i.e. broadband) should be incorporated into universal service
objectives. The term universal service, when applied to telecommunications, refers to the ability
to make available a basket of telecommunications services to the public, across the nation, at a
reasonable price. As directed in the 1996 Telecommunications Act [Section 254(c)] a federal-state
Joint Board was tasked with defining the services which should be included in the basket of
services to be eligible for federal universal service support; in effect using and defining the term
“universal service” for the first time. The Joint Board’s recommendation, which was subsequently
adopted by the FCC in May 1997, included the following in its universal service package: voice
grade access to and some usage of the public switched network; single line service; dual tone
signaling; access to directory assistance; emergency service such as 911; operator services; access
and interexchange (long distance) service.
Some policy makers expressed concern that the FCC-adopted definition is too limited and does
not take into consideration the importance and growing acceptance of advanced services such as
broadband and Internet access. They point to a number of provisions contained in the Universal
Service section of the 1996 Act to support their claim. Universal service principles contained in
Section 254(b)(2) state that “Access to advanced telecommunications services should be provided
to all regions of the Nation.” The subsequent principle (b)(3) calls for consumers in all regions of
the nation including “low-income” and those in “rural, insular, and high cost areas” to have
access to telecommunications and information services including “advanced services” at a
comparable level and a comparable rate charged for similar services in urban areas. Such
provisions, they state, dictate that the FCC expand its universal service definition.
Others caution that a more modest approach is appropriate given the “universal mandate”
associated with this definition and the uncertainty and costs associated with mandating
nationwide deployment of such advanced services as a universal service policy goal. Furthermore
they state the 1996 Act does take into consideration the changing nature of the
telecommunications sector and allows for the universal service definition to be modified if future
conditions warrant. Section 254(c)of the act states that “universal service is an evolving level of
telecommunications services” and the FCC is tasked with “periodically” reevaluating this
definition “taking into account advances in telecommunications and information technologies and
services.” Furthermore, the Joint Board is given specific authority to recommend “from time to
44
For additional information on the TDF fund and TDF Foundation see the TDF website at http://www.tdfund.com.
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time” to the FCC modification in the definition of the services to be included for federal universal
service support. The Joint Board, on November 19, 2007, concluded such an inquiry and
recommended that the FCC change the mix of services eligible for universal service support. The
Joint Board recommended, among other things, that “the universal availability of broadband
Internet services” be included in the nation’s communications goals and hence be supported by
federal universal service funds. 45 In response to the Joint Board recommendation, the FCC, on
44
For additional information on the TDF fund and TDF Foundation see the TDF website at http://www.tdfund.com.
The Joint Board recommended that the definition of those services that qualify for universal service support be
expanded and that the nation’s communications goals include the universal availability of: mobility services (i.e.,
(continued...)
45
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January 29, 2008, released three notices of proposed rulemaking dealing with specific aspects of
universal service, including an examination of the scope of the definition. The FCC is still
examining proposals for universal service reform, including expanding the program to include
broadband, but has not taken action.
Legislation in the 110th Congress
In the 110th Congress, legislation was introduced that would provide financial assistance for
broadband deployment. Of particular note is the reauthorization of the Rural Utilities Service
(RUS) broadband loan program, which was enacted as part of the 2008 farm bill (P.L. 110-234).
In addition to reauthorizing and reforming the RUS broadband loan program, P.L. 110-234
contains provisions establishing a National Center for Rural Telecommunications Assessment and
requiring the FCC and RUS to formulate a comprehensive rural broadband strategy.
The Broadband Data Improvement Act (P.L. 110-385) was enacted by the 110th Congress and
requires the FCC to collect demographic information on unserved areas, data comparing
broadband service with 75 communities in at least 25 nations abroad, and data on consumer use
of broadband. The act also directs the Census Bureau to collect broadband data, the Government
Accountability Office to study broadband data metrics and standards, and the Department of
Commerce to provide grants supporting state broadband initiatives.
Meanwhile, the America COMPETES Act (H.R. 2272) was enacted (P.L. 110-69) and contains a
provision authorizing the National Science Foundation (NSF) to provide grants for basic research
in advanced information and communications technologies. Areas of research include affordable
broadband access, including wireless technologies. P.L. 110-69 also directs NSF to develop a plan
that describes the current status of broadband access for scientific research purposes.
The following is a listing of broadband related bills enacted in the 110th Congress.
P.L. 110-69 (H.R. 2272)
America COMPETES Act. Authorizes the National Science Foundation (NSF) to provide grants
for basic research in advanced information and communications technologies. Areas of research
include affordable broadband access, including wireless technologies. Also directs NSF to
develop a plan that describes the current status of broadband access for scientific research
purposes. Introduced May 10, 2007; referred to House Committee on Science and Technology.
Passed House May 21, 2007. Passed Senate July 19, 2007. Signed into law, August 9, 2007.
P.L. 110-161 (H.R. 2764)
Consolidated Appropriations Act, 2008. For Rural Utilities Service, U.S. Department of
Agriculture, provides $6.45 million to support a loan level of $300 million for the broadband loan
(...continued)45
The Joint Board recommended that the definition of those services that qualify for universal service support be
expanded and that the nation’s communications goals include the universal availability of: mobility services (i.e.,
wireless voice); broadband Internet services; and voice services at affordable and comparable rates for all rural and
non-rural areas. For a copy of this recommendation see http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07J4A1.pdf.
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P.L. 110-161 (H.R. 2764)
Consolidated Appropriations Act, 2008. For Rural Utilities Service, U.S. Department of
Agriculture, provides $6.45 million to support a loan level of $300 million for the broadband loan
program, and $13.5 million for broadband community connect grants. Signed by President,
December 26, 2007.
P.L. 110-234 (H.R. 2419)
Food, Conservation, and Energy Act of 2008. Reauthorizes broadband program at the Rural
Utilities Service through FY2012. Establishes a National Center for Rural Telecommunications
Assessment. Directs USDA and the FCC to submit to Congress a comprehensive rural broadband
strategy. Introduced May 22, 2007; referred to Committee on Agriculture, and in addition to
Committee on Foreign Affairs. Subcommittee on Specialty Crops, Rural Development, and
Foreign Agriculture held markup of Title VII (Rural Development) on June 6, 2007. Reported by
House Committee on Agriculture (H.Rept. 110-256) on July 23, 2007. Passed House July 27,
2007. Passed Senate with an amendment, December 14, 2007. Conference report (H.Rept. 110627) approved by the House May 14, 2008, and by the Senate May 15, 2008. Vetoed by the
President, May 21, 2008. House and Senate overrode veto on May 21 and May 22, 2008. Became
P.L. 110-234, May 22, 2007.
P.L. 110-329 (H.R. 2638)
Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009. Continuing
resolution funds RUS broadband loan and grant program at FY2008 levels through March 6,
2009. Signed by President September 30, 2008.
P.L. 110-385 (S. 1492)
Broadband Data Improvement Act. Seeks to improve the quality of federal broadband data
collection and encourage state initiatives that promote broadband deployment. Requires the FCC
to collect demographic information on unserved areas, data comparing broadband service with 75
communities in at least 25 nations abroad, and data on consumer use of broadband. Directs the
Census Bureau to collect broadband data, the Government Accountability Office to study
broadband data metrics and standards, and the Department of Commerce to provide grants
supporting state broadband initiatives. Introduced May 24, 2007; referred to Committee on
Commerce, Science, and Transportation. Ordered to be reported July 19, 2007; reported by
Committee (S.Rept. 110-204) and placed on Senate Legislative Calendar, October 24, 2007.
Passed by Senate with an amendment September 26, 2008. Passed by House September 29, 2008.
Became P.L. 110-385, October 10, 2008.
Legislation in the 111th Congress
In the 111th Congress, legislation has been introduced that would provide financial assistance for
broadband deployment. Of particular note, provisions in the American Recovery and
Reinvestment Act of 2009 (P.L. 111-5) provided grants and loans to support broadband access and
adoption in unserved and underserved areas.
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P.L. 111-5: The American Recovery and Reinvestment Act of 2009
On February 17, 2009, President Obama signed P.L. 111-5, the American Recovery and
Reinvestment Act (ARRA). Broadband provisions of the ARRA provided a total of $7.2 billion,
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for broadband grants, loans, and loan/grant combinations. The total consists of $4.7 billion to
NTIA/DOC for a newly established Broadband Technology Opportunities Program (grants) and
$2.5 billion to the RUS/USDA Broadband Initiatives Program (grants, loans, and grant/loan
combinations). 46
Regarding the $2.5 billion to RUS/USDA broadband programs, the ARRA specified that at least
75% of the area to be served by a project receiving funds shall be in a rural area without sufficient
access to high speed broadband service to facilitate economic development, as determined by the
Secretary of Agriculture. Priority is given to projects that provide service to the most rural
residents that do not have access to broadband services. Priority is also given to borrowers and
former borrowers of rural telephone loans.
Of the $4.7 billion appropriated to NTIA:
•
$4.35 billion is directed to a competitive broadband grant program, of which not
less than $200 million shall be available for competitive grants for expanding
public computer center capacity (including at community colleges and public
libraries); not less than $250 million to encourage sustainable adoption of
broadband service; and $10 million transferred to the Department of Commerce
Office of Inspector General for audits and oversight; and
•
$350 million is directed for funding the Broadband Data Improvement Act (P.L.
110-385) and for the purpose of developing and maintaining a broadband
inventory map, which shall be made accessible to the public no later than two
years after enactment. Funds deemed necessary and appropriate by the Secretary
of Commerce may be transferred to the FCC for the purposes of developing a
national broadband plan, which shall be completed one year after enactment.
The Broadband Technology Opportunities Program within NTIA is authorized by Division B,
Title VI of the ARRA. Specific implementation requirements and guidelines for the new NTIA
broadband grants are as follows:
•
Directs NTIA to consult with each state to identify unserved and underserved
areas (with respect to access to broadband service) as well as the appropriate
allocation of grant funds within that state. The Conferees (H.Rept. 111-16)
“intend that the NTIA has discretion in selecting the grant recipients that will best
achieve the broad objectives of the program.”
•
The substitute does not define “unserved area,” “underserved area,” and
“broadband.” The Conferees instructed NTIA to coordinate its understanding of
these terms with the FCC, and in defining “broadband service” to take into
consideration technical differences between wireless and wireline networks and
to consider the actual speeds these networks are able to deliver to consumers
under a variety of circumstances.
•
Directs NTIA, in coordination with the FCC, to publish “non-discrimination and
network interconnection obligations” that shall be contractual conditions of
awarded grants, and specifies that these obligations should adhere, at a minimum,
46
For information on existing broadband programs at RUS, see CRS Report RL33816, Broadband Loan and Grant
Programs in the USDA’s Rural Utilities Service, by Lennard G. Kruger.
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•
Directs NTIA, in coordination with the FCC, to publish “non-discrimination and
network interconnection obligations” that shall be contractual conditions of
awarded grants, and specifies that these obligations should adhere, at a minimum,
to the FCC’s broadband principles to promote the openness and interconnected
nature of the Internet (FCC 05-151, adopted August 5, 2005).
•
Directs NTIA, when considering applications for grants, to consider whether the
project will provide the greatest broadband speed possible to the greatest
population of users in the area. There are no specific speed thresholds that
applicants must meet to be eligible for a grant. The Conferees acknowledged that
while speed thresholds could have the unintended effect of thwarting broadband
deployment in some areas, deploying next-generation speeds would likely result
in greater job creation and job preservation. NTIA is instructed to “seek to fund,
to the extent practicable, projects that provide the highest possible, nextgeneration broadband speeds to consumers.”
•
Defines entities eligible for grants as: a state or political division thereof; the
District of Columbia; a territory or possession of the United States; an Indian
tribe or native Hawaiian organization; a nonprofit foundation, corporation,
institution or association; or any other entity, including a broadband service or
infrastructure provider, that NTIA finds by rule to be in the public interest. It was
the intent of the Conferees that as many entities as possible be eligible to apply
for a grant, including wireless carriers, wireline carriers, backhaul providers,
satellite carriers, public-private partnerships, and tower companies.
•
Requires NTIA to consider whether a grant applicant is a socially and
economically disadvantaged small business as defined under the Small Business
Act.
•
Directs NTIA to ensure that all awards are made before the end of FY2010.
Grantees will be required to substantially complete projects within two years
after the grant is awarded.
•
Directs that the federal share of any project cannot exceed 80% unless the
applicant petitions NTIA and demonstrates financial need.
For more information on implementation of the broadband provisions of the ARRA, see CRS
Report R40436, Broadband Infrastructure Programs in the American Recovery and Reinvestment
Act, by Lennard G. Kruger.
Other Broadband Legislation in the 111th Congress
P.L. 111-8 (H.R. 1105). Omnibus Appropriations Act, 2009. Appropriates to RUS/USDA $15.619
million to support a loan level of $400.487 million for the Rural Broadband Access Loan and
Loan Guarantee Program, and $13.406 million for the Community Connect Grant Program. To
the FCC, designates not less than $3 million to establish and administer a State Broadband Data
and Development matching grants program for State-level broadband demand aggregation
activities and creation of geographic inventory maps of broadband service to identify gaps in
service and provide a baseline assessment of statewide broadband deployment. Passed House
February 25, 2009. Passed Senate March 10, 2009. Signed by President, March 12, 2009.
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P.L. 111-32 (H.R. 2346). Supplemental Appropriations Act, 2009. Provides not less than $3
million to the FCC to develop a national broadband plan pursuant to the American Recovery and
Reinvestment Act of 2009. Introduced May 12, 2009; referred to Committee on Appropriations.
Passed House May 14, 2009; passed Senate May 21, 2009. Signed by President, June 24, 2009.
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P.L. 111-80 (H.R. 2997). Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2010. For Rural Utilities Service, U.S. Department of
Agriculture, provides $28.96 million to support a loan level of $400 million for the broadband
loan program, and $17.97 million for broadband community connect grants. Introduced June 23,
2009; referred to Committee on Appropriations. Reported by Committee on Appropriations June
23, 2009. Passed House July 9, 2009. Passed Senate August 4, 2009. Conference Report (H.Rept.
111-279) printed September 30, 2009. Signed by President October 21, 2009.
H.R. 691 (Meeks). Broadband Access Equality Act of 2009. Amends the Internal Revenue Code
of 1986 to provide credit against income tax for businesses furnishing broadband services to
underserved and rural areas. Introduced January 26, 2009; referred to Committee on Ways and
Means.
H.R. 760 (Eshoo). Advanced Broadband Infrastructure Bond Initiative of 2009. Amends the
Internal Revenue Code of 1986 to provide an income tax credit to holders of bonds financing new
advanced broadband infrastructure. Introduced January 28, 2009; referred to Committee on Ways
and Means and in addition to Committee on Energy and Commerce.
H.R. 2428 (Eshoo). Broadband Conduit Deployment Act of 2009. Directs the Secretary of
Transportation to require that broadband conduit be installed as part of certain highway
construction projects. Introduced May 14, 2009; referred to Committee on Transportation and
Infrastructure.
H.R. 2521 (DeLauro). National Infrastructure Development Bank Act of 2009. Establishes a
National Infrastructure Development Bank to finance infrastructure projects, including broadband
and telecommunications projects. Introduced May 20, 2009; referred to Committee on Energy
and Commerce and in addition to the Committees on Transportation and Infrastructure, and on
Financial Services.
H.R. 2997 (DeLauro). Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2010. For Rural Utilities Service, U.S. Department of
Agriculture, provides $28.96 million to support a loan level of $400 million for the broadband
loan program, and $17.97 million for broadband community connect grants. Introduced June 23,
2009; referred to Committee on Appropriations. Reported by Committee on Appropriations June
23, 2009. Passed House July 9, 2009. Passed Senate August 4, 2009. Conference Report (H.Rept.
111-279) printed September 30, 2009.
H.R. 3101 (Markey). Twenty-first Century Communications and Video Accessibility Act of
2009. Ensures that individuals with disabilities have access to emerging Internet Protocol-based
communication and video program technologies in the 21st Century. Introduced June 26, 2009;
referred to Committee on Energy and Commerce.
H.R. 3413 (Capito). Rural Information Technology Investment Act. Authorizes the National
Telecommunications and Information Administration of the Department of Commerce to make
grants for the establishment of information technology centers in rural areas. Introduced July 30,
2009; referred to Committee on Energy and Commerce.
H.R. 3646 (Matsui). Broadband Affordability Act of 2009. Amends the Communications Act of
1934 to establish a Lifeline Assistance Program for universal broadband adoption. Introduced
September 24, 2009; referred to Committee on Energy and Commerce.
S. 1266 (Klobuchar). Broadband Conduit Deployment Act of 2009. Directs the Secretary of
Transportation to require that broadband conduit be installed as part of certain highway
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Broadband Internet Access and the Digital Divide: Federal Assistance Programs
construction projects. Introduced June 15, 2009; referred to Committee on Environment and
Public Works.
S. 1406 (Kohl). Agriculture, Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2010. For Rural Utilities Service, U.S. Department of Agriculture,
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Broadband Internet Access and the Digital Divide: Federal Assistance Programs
provides $38.5 million to support a loan level of $531.7 million for the broadband loan program,
and $13.4 million for broadband community connect grants. Introduced July 7, 2009; referred to
Committee on Appropriations. Reported by Committee on Appropriations July 7, 2009.
S. 1447 (Hutchison). Connecting America Act of 2009. Provides broadband Internet investment
tax credits and credits to holders of broadband bonds. Also establishes an Office of National
Broadband Strategy in the National Telecommunications and Information Administration and
provides broadband adoption incentives in telehealth and distance learning programs. Introduced
July 14, 2009; referred to Committee on Finance1447 (Hutchison). Connecting America Act of 2009. Provides broadband Internet investment
tax credits and credits to holders of broadband bonds. Also establishes an Office of National
Broadband Strategy in the National Telecommunications and Information Administration and
provides broadband adoption incentives in telehealth and distance learning programs. Introduced
July 14, 2009; referred to Committee on Finance.
S. 2879 (Rockefeller). Broadband Opportunity and Affordability Act. Directs the FCC to conduct
a pilot program expanding the Lifeline Program to include broadband service. Also directs the
FCC to prepare a report exploring whether the Link Up program should be expanded to include
computer ownership in order to reduce the cost of initiating broadband service. Introduced
December 11, 2009; referred to Committee on Commerce, Science, and Transportation.
S. 2880 (Gillibrand). Rural Broadband Initiative Act of 2009. Establishes an Office of Rural
Broadband Initiatives in the Department of Agriculture which would administer the RUS
broadband loan and grant programs, and would develop a comprehensive rural broadband
strategy. Establishes a National Rural Broadband Innovation Fund, authorized at $20 million for
each of fiscal years 2008 through 2012, that would fund experimental and pilot rural broadband
projects. Introduced December 14, 2009; referred to Committee on Agriculture, Nutrition, and
Forestry.
Concluding Observations
As Congress considers various options for encouraging broadband deployment, a key issue is
how to strike a balance between providing federal assistance for unserved and underserved areas
where the private sector may not be providing acceptable levels of broadband service, while at the
same time minimizing any deleterious effects that government intervention in the marketplace
may have on competition and private sector investment. In addition to loans, loan guarantees, and
grants for broadband infrastructure deployment, a wide array of policy instruments are available
to policymakers including universal service reform, tax incentives to encourage private sector
deployment, broadband bonds, demand-side incentives (such as assistance to low income families
for purchasing computers), regulatory and deregulatory measures, and spectrum policy to spur
roll-out of wireless broadband services. In assessing federal incentives for broadband
deployment, Congress will likely consider the appropriate mix of broadband deployment
incentives to create jobs in the short and long term, the extent to which incentives should target
next-generation broadband technologies, the extent to which “underserved” areas with existing
broadband providers should receive federal assistance, and how broadband stimulus measures of
the ARRA might fit into the context of overall goals for a national broadband policy.
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Table 1. Selected Federal Domestic Assistance Programs Related to Broadband and Telecommunications Development
Program
Agency
Description
Funding Amount
(FY2009 unless
otherwise noted)
Web Links
Broadband Infrastructure Deployment Programs
Broadband Technology
Opportunities Program
(BTOP)
National Telecommunications
and Information
Administration, Dept. of
Commerce
Provides competitive grants to public and
private sector entities in order to: provide
broadband access in unserved and
underserved areas; provide broadband
support and services to strategic institutions;
improve broadband access by public safety
agencies; and stimulate broadband demand,
economic growth, and job creation.
$4.35 billion
(ARRA, P.L. 111-5)
http://www.ntia.doc.gov/
broadbandgrants/
Broadband Initiatives
Program (BIP)
Rural Utilities Service, U.S.
Dept. of Agriculture
Provides competitive grants, loans, and
loan/grant combinations to public and private
sector entities in order to provide broadband
access in unserved and underserved rural
areas.
$2.5 billion for the
cost of loans,
grants, and
loan/grant
combinations
(ARRA, P.L. 111-5)
http://www.usda.gov/rus/telecom/arrabroadband.htm
Rural Broadband Access
Loan and Loan Guarantee
Program
Rural Utilities Service, U.S.
Dept. of Agriculture
Provides loan and loan guarantees for
facilities and equipment providing broadband
service in rural communities
$400 million for
cost of money
loans
http://www.usda.gov/rus/telecom/
broadband.htm
Community Connect
Broadband Grants
Rural Utilities Service, U.S.
Dept. of Agriculture
Provides grants to applicants proposing to
provide broadband service on a “communityoriented connectivity” basis to rural
communities of under 20,000 inhabitants.
$13.4 million
http://www.usda.gov/rus/telecom/
index.htm
Telecommunications Infrastructure Deployment Programs
Rural Telephone Loans and
Loan Guarantees
CRS-19
Rural Utilities Service, U.S.
Dept. of Agriculture
Provides long-term direct and guaranteed
loans to qualified organizations for the
purpose of financing the improvement,
$145 million for
hardship loans;
$250 million for
http://www.usda.gov/rus/telecom/
index.htm
.
Program
Agency
Description
Funding Amount
(FY2009 unless
otherwise noted)
expansion, construction, acquisition, and
operation of telephone lines, facilities, or
systems to furnish and improve
telecommunications service in rural areas
cost of money
loans; and $295
million for FFB
Treasury loans
Web Links
Distance Learning and
Telemedicine Loans and
Grants
Rural Utilities Service, U.S.
Dept. of Agriculture
Provides seed money to rural community
facilities (e.g., schools, libraries, hospitals) for
advanced telecommunications systems that
can provide health care and educational
benefits to rural areas
$34.7 million
http://www.usda.gov/rus/telecom/dlt/
dlt.htm
Universal Service High
Cost Program
Federal Communications
Commission
Provides funding to eligible
telecommunications carriers to help pay for
telecommunications services in high-cost,
rural, and insular areas so that prices charged
to customers are reasonably comparable
across all regions of the nation.
$4.5 billion
(Calendar Year
2008)
http://www.usac.org/hc/
Universal Service Schools
and Libraries Program (i.e.
E-rate)
Federal Communications
Commission
Provides discounts for affordable
telecommunications and Internet access
services to ensure that schools and libraries
have access to affordable telecommunications
and information services.
$1.8 billion
(Calendar Year
2008)
http://www.universalservice.org/sl/
Universal Service Rural
Health Care Pilot Program
Federal Communications
Commission
Provides funds to cover 85% of the cost of
constructing statewide or regional broadband
telehealth networks and of connecting those
projects to dedicated nationwide broadband
telehealth networks and the public Internet.
$13.05 million
committed for
funding year 2008
(July 1 to June 30)
http://www.usac.org/rhc-pilot-program/
Appalachian Area
Development Program
Appalachian Regional
Commission
Project grants to support self-sustaining
economic development in the region’s most
distressed counties and areas. Includes funds
for a Telecommunications Initiative involving
projects that enable communities to
capitalize on broadband access.
$66 million
http://www.arc.gov/index.do?nodeId=21
Delta Area Economic
Development
Delta Regional Authority
Grants for self-sustaining economic
development projects of eight states in
Mississippi Delta region.
$9 million
http://www.dra.gov/state-grant-funding/
CRS-20
.
Funding Amount
(FY2009 unless
otherwise noted)
Program
Agency
Description
Web Links
Investments for Public
Works and Economic
Development Facilities
Economic Development
Administration, Dept. of
Commerce
Provides funding for construction of
infrastructure in areas that are not attractive
to private investment; most funding is for
water and sewer infrastructure but some has
been designated for telecommunications and
broadband projects.
$129 million
http://www.eda.gov/PDF/FY09-EDAPFFO-FINAL.pdf
Library Services and
Technology Act Grants to
States
Institute of Museum and
Library Services, National
Foundation on the Arts and the
Humanities
Provides funds for a wide range of library
services including installation of fiber and
wireless networks that provide access to
library resources and services.
$171 million
http://www.imls.gov/programs/
programs.shtm
Native American and
Native Hawaiian Library
Services
Institute of Museum and
Library Services, National
Foundation on the Arts and the
Humanities
Grants to support library services including
electronically linking libraries to networks.
$3.7 million
http://www.imls.gov/applicants/grants/
nativeAmerican.shtm
Programs Related to Applications of Broadband or Telecommunications Technology
Education Technology
State Grants
Office of Elementary and
Secondary Education, Dept. of
Education
Grants to State Education Agencies for
development of information technology to
improve teaching and learning in schools.
$269 million
http://www.ed.gov/about/contacts/state/
technology.html
Ready to Teach
Office of Assistant Secretary
for Educational Research and
Improvement, Dept. of
Education
Grants for a national telecommunicationbased program to improve the teaching in
core curriculum areas.
$10.7 million
http://www.ed.gov/programs/
readyteach/index.html
Special Education—
Technology and Media
Services for Individuals
with Disabilities
Office of Special Education and
Rehabilitative Services, Dept. of
Education
Supports development and application of
technology and education media activities for
disabled children and adults
$31 million
http://www.ed.gov/about/offices/list/
osers/index.html?src=mr/
Telehealth Network
Grants
Health Resources and Services
Administration, Department of
Health and Human Services
Grants to develop sustainable telehealth
programs and networks in rural and frontier
areas, and in medically unserved areas and
populations.
$4 million
http://www.hrsa.gov/telehealth/
Telehealth Resource
Center Grant Program
Health Resources and Services
Administration, Department of
Health and Human Services
Provides grants that support establishment
and development of telehealth resource
centers to assist health care providers in the
development of telehealth services, including
$1.8 million
http://www.hrsa.gov/telehealth/
CRS-21
.
Program
Agency
Description
Funding Amount
(FY2009 unless
otherwise noted)
Web Links
decisions regarding the purchase of advanced
telecommunications services.
Licensure Portability Grant
Program
Health Resources and Services
Administration, Department of
Health and Human Services
Provides support for state professional
licensing boards to develop and implement
state policies that will reduce statutory and
regulatory barriers to telemedicine.
$0.7 million plus an
estimated $1.5
million under
ARRA (P.L. 111-5)
http://www.hrsa.gov/telehealth/
Medical Library Assistance
National Library of Medicine,
National Institutes of Health,
Department of Health and
Human Services
Provides funds to train professional
personnel; strengthen library and information
services; facilitate access to and delivery of
health science information; plan and develop
advanced information networks; support
certain kinds of biomedical publications; and
conduct research in medical informatics and
related sciences.
$66 million
http://www.nlm.nih.gov/ep/
extramural.html
Smart Grid Investment
Grant Program and Smart
Grid Demonstration
Program
Department of Energy
Provides support for modernizing the electric
grid, which likely includes some broadband
for Smart Grid.
$3.9 billion (ARRA,
P.L. 111-5)
http://www.energy.gov/news2009/
7503.htm
National Environmental
Information Exchange
Network Grant Program
Environmental Protection
Agency
Provides funding to states, territories, and
federally recognized Indian Tribes to support
the development of an Environmental
Information Exchange Network, including
broadband infrastructure.
$12 million
http://epa.gov/exchangenetwork/grants/
Source: Compiled by CRS based on GAO Report, Broadband Deployment Plan Should Include Performance Goals and Measures To Guide Federal Investment, May 2009, Tables 2
and 3; FCC Report, Bringing Broadband to Rural America, May 22, 2009, Appendix B; and the Catalog of Federal Domestic Assistance.
CRS-22
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Broadband Internet Access and the Digital Divide: Federal Assistance Programs
Author Contact Information
Lennard G. Kruger
Specialist in Science and Technology Policy
lkruger@crs.loc.gov, 7-7070
Angele A. Gilroy
Specialist in Telecommunications Policy
agilroy@crs.loc.gov, 7-7778
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