The Broadband Digital Divide: What Comes Next for Congress?

The Broadband Digital Divide: What Comes Next for Congress?

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January 31, 2022
The Broadband Digital Divide: What Comes Next for Congress?
As classrooms, workplaces, and social activities migrated
schools, libraries, and health care facilities. All four USF
online during the Coronavirus Disease 2019 (COVID-19)
programs are funded by fees on telecommunications
pandemic, the digital divide—the gap between those who
carriers, not through appropriations. Congress has provided
have access to broadband internet and those who do not—
appropriations for non-USF FCC programs. For example,
became increasingly apparent. The 116th and 117th Congress
the IIJA appropriated $14.2 billion for a new Affordable
passed a number of bills that included provisions aimed at
Broadband Connectivity Program.
addressing the digital divide.
NTIA
Broadband Funding to Address the
The NTIA’s programs and policymaking focus on
Digital Divide
expanding U.S. broadband access and adoption. The last
Congress passed four COVID-19 era bills that include
major grant program NTIA administered was the
broadband appropriations.
Broadband Technology Opportunities Program, an
approximately $4 billion grant program focused on
 The Coronavirus Aid, Relief, and Economic Security
deploying broadband infrastructure. In the IIJA, Congress
Act (CARES Act; P.L. 116-136), which provided $100
provided NTIA with $48.2 billion for new grant programs
million for broadband programs at the U.S. Department
focusing on broadband grants to states and digital equity.
of Agriculture (USDA).

USDA
The Consolidated Appropriations Act, 2021 (CAA,
Four USDA programs provide loans and/or grants to fund
2021; P.L. 116-260), which provided $6.201 billion to
the construction and improvement of broadband networks.
broadband programs at the Federal Communications
Unlike the FCC and NTIA, USDA programs focus only on
Commission (FCC), National Telecommunications and
rural areas. In the IIJA, Congress provided $1.926 billion
Information Administration (NTIA), and USDA.
for the existing ReConnect Program and $74 million for the
 The American Rescue Plan Act of 2021 (ARPA; P.L.
existing Rural Broadband Program.
117-2), which provided $7.171 billion to broadband
programs at the FCC.
What Comes Next? Policy and Oversight

Considerations for Congress
The Infrastructure Investment and Jobs Act (IIJA; P.L.
It may take years to see measurable results from these
117-58), which provided $64.4 billion for broadband
newly established broadband programs—specifically the
programs at the FCC, NTIA, and USDA.
deployment programs. In many cases, deploying fiber

requires subsurface digging to bury conduit and physically
The broadband appropriations in the IIJA are the largest
connecting each household. It may also require providers to
federal broadband investment in history. The act also
acquire rights-of-way, which can be a lengthy process.
attempts to address universal broadband access and long-
standing goals of the consumer advocacy community (e.g.,
Given the size of recent investments in broadband, the
consumer labels for broadband service plans). Details on
heterogeneity and complexity of the programs, and
broadband funding can be found in the reports listed in
involvement of multiple federal agencies, Congress may
“Additional CRS Resources.”
conduct oversight to assess each agencies’ ability to
manage new broadband programs to address the digital
Federal Agencies Roles in Addressing the divide. Further, Congress in IIJA gave NTIA a major role in
Digital Divide
closing the digital divide; the agency may be a primary
The FCC, NTIA, and USDA administer multiple programs
focus of Congress’s oversight efforts.
addressing broadband deployment and adoption and digital
equity. Some are ongoing programs that receive annual
In addition to its review of agency operations and use of
appropriations, while others are newly established and
appropriated funds, Congress may consider:
funded. Each agency plays a different role in addressing the
 how to measure progress toward closing the digital
digital divide.
divide,
FCC
 whether to provide additional funding for broadband
The FCC is tasked with providing universal access to
deployment, and
telecommunications services through its Universal Service
 whether to have the FCC update its National Broadband
Fund (USF) programs, which focus on increased access to
Plan.
high-speed internet service for low-income consumers and
consumers in underserved areas, as well as underserved
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The Broadband Digital Divide: What Comes Next for Congress?
Measuring Progress on Closing the Digital Divide
potential advantages and disadvantages of having programs
The digital divide persists in the United States because of a
at multiple agencies that address a specific as pect of the
combination of variables, including the availability,
digital divide (e.g., focusing on rural areas).
affordability, and usability of broadband and geographic
and socio-economic factors. Measuring progress toward
FCC National Broadband Plan Update
closing the digital divide may require multiple metrics.
The American Recovery and Reinvestment Act of 2009
(ARRA; P.L. 111-5) directed the FCC to create a National
One way to measure progress is through the FCC’s
Broadband Plan to ensure every American has “access to
broadband map, which graphically displays where
broadband capability.” The 2010 Plan set forth six specific
broadband is and is not available throughout the United
goals for achievement by the year 2020—including that
States; however, some stakeholders have criticized the
“every American should have affordable access to robust
processes for developing these maps . One challenge with
broadband service, and the means and skills to subscribe if
the existing map is the FCC’s methodology, which
they so choose.”
considers an entire census block served if at least one home
or business in that block has broadband access. This may
Some people have raised concerns that although billions of
overstate broadband deployment and progress toward
federal dollars have been spent to address the digital divide,
closing the digital divide. Another issue is the lack of a
the desired outcome has not been achieved. Others say
process for entities (e.g., consumers, state, local, tribal
federal efforts are making strides toward closing the digital
governments) to challenge the accuracy of the maps.
divide. As stated in the FCC’s Fourteenth Broadband
Deployment Report released in January 2021,
In March 2020, Congress passed the Broadband
Deployment Accuracy and Technological Availability Act
data reveal that the Commission’s efforts have been
(P.L. 116-130, Broadband DATA Act). It requires the FCC
successful at delivering broadband to more
to establish a semiannual collection of geographically
Americans than ever before.… Since the
granular broadband data for use in creating broadband maps
Commission’s last Broadband Deployment Report,
and processes for challenges to the data and for accepting
the number of Americans living in areas without
crowdsourced information. The FCC is also to create a
access to at least 25/3 Mbps (the Commission’s
comprehensive database of broadband serviceable
current benchmark) has dropped from more than
locations, which would include precise coordinates of all
18.1 million Americans at the end of 2018 to fewer
structures that have broadband. The FCC is in the process
than 14.5 million Americans at the end of 2019, a
of standing up the new broadband data collection systems
decrease of more than 20%.
and processes pursuant to the Broadband DATA Act.
As part of oversight, Congress could investigate how well
Congress may assess whether current FCC data collection
existing federal broadband programs are meeting the goals
efforts under the Broadband DATA Act are sufficient to
of the FCC’s National Broadband Plan. Congress may also
address current mapping issues. Congress may also
contemplate an update to the National Broadband Plan,
consider whether to take additional legislative action to
which could assess potential alternative methods or models
incorporate other variables into the FCC’s collection efforts
(i.e., other than federal funding) to address the digital divide
(e.g., data on broadband subscribership) or whether the
and measure progress toward closing it. Legislation in the
maps should be updated more frequently (e.g., data could
117th Congress has proposed an updated plan in the
be collected monthly) to reflect continuing network
National Broadband Plan for the Future Act of 2021 (S.
changes.
279/H.R. 870).
Additional Funding for Broadband
Additional CRS Resources
Congress may consider whether to provide additional
CRS Report R46613, The Digital Divide: What Is It, Where
funding for existing broadband programs. Proponents for
Is It, and Federal Assistance Programs
more funding may note that demand for federal funds
exceeds availability. For example, in the Broadband
CRS Report R46780, Overview of the Universal Service
Infrastructure Program—created in the CAA, 2021—$288
Fund and Selected Federal Broadband Programs
million was made available for grants and NTIA received
applications with requests totaling more than $2.5 billion.
CRS Report R46967, The Infrastructure Investment and
Critics may counter that spending more money for the same
Jobs Act (P.L. 117-58): Summary of the Broadband
purpose (e.g., multiple programs at different agencies
Provisions in Division F
focused on rural, unserved areas) could result in duplicative
and wasteful spending.
CRS Report R45962, Broadband Data and Mapping:
Back ground and Issues for the 117th Congress
Congress may consider providing additional resources in
the near-term to meet applicant demand or waiting for
Colby Leigh Rachfal, Analyst in Telecommunications
current funds to be allocated and projects initiated before
Policy
contemplating new funding. The former carries the risk of
potential duplication, while the latter may risk not meeting
IF12030
current demand. Congress may also contemplate the

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The Broadband Digital Divide: What Comes Next for Congress?

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