In recent days, major new proposals from the Trump Administration and the majority in Congress are damaging further mechanisms that would have provided low-cost broadband to households in need.
The Department of Commerce issued radically revised guidance for states implementing the $42 billion Broadband Equity Access and Deployment (BEAD) Program, and the Senate Commerce Committee released its part of the highly problematic reconciliation budget bill.
These two damaging actions come after the Trump Administration’s recent decision to cancel the Digital Equity Act, falsely claiming the law was unconstitutional. They also come after Congress’s failure last year to refund the Affordable Connectivity Program. Together, these decisions tragically discard efforts that would significantly improve internet adoption nationwide.
Over the last two years, all fifty states developed plans under the BEAD program to use their portion of the $42 billion to build internet infrastructure in areas lacking reliable connectivity. Additionally, BEAD funds could be used for training and digital inclusion programs that help people use the internet effectively and successfully, alongside separate funding via the Digital Equity Act for similar purposes.
States were required to include, in their BEAD plans, mandates for a low-cost broadband internet service plan from companies that receive the federal funds. These plans were created with public input, and UCC Media Justice had developed a state digital justice toolkit urging states to adopt meaningful affordability rules, fair employment practices and digital equity plans that rejected predatory pricing for incarcerated people to access the internet.
Through excellent research by the Pew Charitable Trusts, we know that almost all states and territories had adopted a price cap for low-cost broadband internet service plans, most of them at $30/month and in some cases up to $75. Many states had relied on the Affordable Connectivity Program’s price point and eligibility rules.
However, the Trump Commerce Department recently announced new rules for the BEAD program. The revised guidance prohibits states from setting a specific low-cost service price—states must now accept whatever providers propose. The rules also narrow household eligibility criteria for low-cost plans, meaning fewer people can benefit. The new rules eliminated previously required middle-class broadband affordability plans and public input processes. Additionally, funding for skills training, digital inclusion, and other “non-deployment” activities was immediately terminated.
The Commerce Department claimed it merely retracted guidance not required by law, but it also retracted its previous directive that states and grantees must comply with core civil rights laws. Though the Commerce Department cannot nullify civil rights protections through guidance, the new rules require states with inconsistent laws to seek waivers. This requirement could pose challenges for states with robust civil rights, affordability, or labor laws. Further changes in the new rules also threaten affordability. The guidelines now favor technologies like satellite broadband, which is typically suited only to remote areas, unlikely to meet our current needs at scale, and extremely expensive.
Writ large, this means that when the $42 billion is spent to build out broadband to unserved communities, nothing requires that internet service will be affordable to the households with the fewest resources to purchase it.
These affordability rollbacks follow Congress’s previous failure to fund the Affordable Connectivity Program, which offered $30 monthly subsidies to 23 million households. Last year, Congress cited funding shortages as justification.
During the budget reconciliation process this year, however, the congressional majority is proposing drastic cuts to essential services like food and Medicaid, redirecting savings to tax cuts benefiting the wealthiest. Further, they plan to allocate $80 billion from FCC spectrum auctions to help pay for the billionaire tax cuts rather than supporting the Affordable Connectivity Program. The proposed spectrum deal might also hinder access to unlicensed spectrum, which is crucial for the Wi-Fi we all use.
And this comes after the Trump Administration’s decision last month to arbitrarily cancel the $2.25 billion from the Digital Equity Act that was also due to all states and territories to implement digital state digital equity plans focused on bringing skills and access to underserved communities. Based on falsehoods that non-discrimination and equity programs are unconstitutional (without review by any court), the Administration is canceling funds that Congress lawfully appropriated.
The last few years have contained incredible strides forward in support of digital equity and inclusion, but the decisions the President and Congress are making now will stop that progress in its tracks and likely bring us back to the disconnected past. All people in the U.S. benefit when all people can learn, work, receive healthcare, participate in society and connect with each other online. To pull them back weakens families, individuals, our economy and our civic institutions.
UCC Media Justice will continue to speak out and find ways to bring all people online to fulfill the national church’s recent digital justice resolution.