Communities across the United States got an unexpected gift from the Biden Administration last week in the form of additional flexibility to use Rescue Plan funds for needed broadband investments, particularly those focused on low-income neighborhoods in urban areas. 

When Congress developed and passed the American Rescue Plan Act, it tasked the Treasury Department with writing the rules for some key programs, including the State & Local Fiscal Recovery Funds (SLFRF). That program is distributing $350 billion to local and state governments, which can use it for a variety of purposes that include broadband infrastructure and digital inclusion efforts.

Treasury released an Interim Final Rule in May, 2021, detailing how local governments would be allowed to invest in broadband. I promptly freaked out, at the restrictions and complications that I (and others) feared would result in local governments backing away from needed broadband investments due to fears of being out of compliance with the rule. 

After we worked with numerous local leaders and the National League of Cities to explain the problems we saw in the proposed rule, Treasury released updated guidance in the form of a Q&A document to explain how local governments would be able to build and partner for needed networks. 

Given the many challenges the Biden Administration has had to deal with, we did not expect significant new changes to the Rescue Plan rules around the SLFRF. But after many months of deliberations, the Treasury Department has resolved all of the concerns that we identified as areas of concern in May. 

As we explain below, local governments have wide latitude to use SLFRF funds for a variety of needed broadband infrastructure investments, especially to resolve affordability challenges.

Summary and TL;DR

Communities across the United States got an unexpected gift from the Biden Administration last week in the form of additional flexibility to use Rescue Plan funds for needed broadband investments, particularly those focused on low-income neighborhoods in urban areas. 

When Congress developed and passed the American Rescue Plan Act, it tasked the Treasury Department with writing the rules for some key programs, including the State & Local Fiscal Recovery Funds (SLFRF). That program is distributing $350 billion to local and state governments, which can use it for a variety of purposes that include broadband infrastructure and digital inclusion efforts.

Treasury released an Interim Final Rule in May, 2021, detailing how local governments would be allowed to invest in broadband. I promptly freaked out, at the restrictions and complications that I (and others) feared would result in local governments backing away from needed broadband investments due to fears of being out of compliance with the rule. 

After we worked with numerous local leaders and the National League of Cities to explain the problems we saw in the proposed rule, Treasury released updated guidance in the form of a Q&A document to explain how local governments would be able to build and partner for needed networks. 

Given the many challenges the Biden Administration has had to deal with, we did not expect significant new changes to the Rescue Plan rules around the SLFRF. But after many months of deliberations, the Treasury Department has resolved all of the concerns that we identified as areas of concern in May. 

As we explain below, local governments have wide latitude to use SLFRF funds for a variety of needed broadband infrastructure investments, especially to resolve affordability challenges.

Summary and TL;DR

Communities across the United States got an unexpected gift from the Biden Administration last week in the form of additional flexibility to use Rescue Plan funds for needed broadband investments, particularly those focused on low-income neighborhoods in urban areas. 

When Congress developed and passed the American Rescue Plan Act, it tasked the Treasury Department with writing the rules for some key programs, including the State & Local Fiscal Recovery Funds (SLFRF). That program is distributing $350 billion to local and state governments, which can use it for a variety of purposes that include broadband infrastructure and digital inclusion efforts.

Treasury released an Interim Final Rule in May, 2021, detailing how local governments would be allowed to invest in broadband. I promptly freaked out, at the restrictions and complications that I (and others) feared would result in local governments backing away from needed broadband investments due to fears of being out of compliance with the rule. 

After we worked with numerous local leaders and the National League of Cities to explain the problems we saw in the proposed rule, Treasury released updated guidance in the form of a Q&A document to explain how local governments would be able to build and partner for needed networks. 

Given the many challenges the Biden Administration has had to deal with, we did not expect significant new changes to the Rescue Plan rules around the SLFRF. But after many months of deliberations, the Treasury Department has resolved all of the concerns that we identified as areas of concern in May. 

As we explain below, local governments have wide latitude to use SLFRF funds for a variety of needed broadband infrastructure investments, especially to resolve affordability challenges.

Summary and TL;DR

Communities across the United States got an unexpected gift from the Biden Administration last week in the form of additional flexibility to use Rescue Plan funds for needed broadband investments, particularly those focused on low-income neighborhoods in urban areas. 

When Congress developed and passed the American Rescue Plan Act, it tasked the Treasury Department with writing the rules for some key programs, including the State & Local Fiscal Recovery Funds (SLFRF). That program is distributing $350 billion to local and state governments, which can use it for a variety of purposes that include broadband infrastructure and digital inclusion efforts.

Treasury released an Interim Final Rule in May, 2021, detailing how local governments would be allowed to invest in broadband. I promptly freaked out, at the restrictions and complications that I (and others) feared would result in local governments backing away from needed broadband investments due to fears of being out of compliance with the rule. 

After we worked with numerous local leaders and the National League of Cities to explain the problems we saw in the proposed rule, Treasury released updated guidance in the form of a Q&A document to explain how local governments would be able to build and partner for needed networks. 

Given the many challenges the Biden Administration has had to deal with, we did not expect significant new changes to the Rescue Plan rules around the SLFRF. But after many months of deliberations, the Treasury Department has resolved all of the concerns that we identified as areas of concern in May. 

As we explain below, local governments have wide latitude to use SLFRF funds for a variety of needed broadband infrastructure investments, especially to resolve affordability challenges.

Summary and TL;DR

Communities across the United States got an unexpected gift from the Biden Administration last week in the form of additional flexibility to use Rescue Plan funds for needed broadband investments, particularly those focused on low-income neighborhoods in urban areas. 

When Congress developed and passed the American Rescue Plan Act, it tasked the Treasury Department with writing the rules for some key programs, including the State & Local Fiscal Recovery Funds (SLFRF). That program is distributing $350 billion to local and state governments, which can use it for a variety of purposes that include broadband infrastructure and digital inclusion efforts.

Treasury released an Interim Final Rule in May, 2021, detailing how local governments would be allowed to invest in broadband. I promptly freaked out, at the restrictions and complications that I (and others) feared would result in local governments backing away from needed broadband investments due to fears of being out of compliance with the rule. 

After we worked with numerous local leaders and the National League of Cities to explain the problems we saw in the proposed rule, Treasury released updated guidance in the form of a Q&A document to explain how local governments would be able to build and partner for needed networks. 

Given the many challenges the Biden Administration has had to deal with, we did not expect significant new changes to the Rescue Plan rules around the SLFRF. But after many months of deliberations, the Treasury Department has resolved all of the concerns that we identified as areas of concern in May. 

As we explain below, local governments have wide latitude to use SLFRF funds for a variety of needed broadband infrastructure investments, especially to resolve affordability challenges.

Summary and TL;DR

A new report by the Electronic Frontier Foundation argues that the general lack of fiber network coverage across the United States - with barely a third of homes able to choose a fiber option -  comes in large part from the domination of the broadband marketplace by incumbent providers who both own and operate the infrastructure that provides Internet access to the vast majority of Americans. It’s a classic market failure, authors Benoît Felten and Thomas Langer argue, where there’s a clear profitable business case for the existence of more fiber access that continues to go unaddressed. At its core, the failure is driven by the attitudes of monopoly Internet Service Providers (ISP) which prefer to reap the profits from existing legacy copper and cable infrastructure rather than invest in new build outs. As a result, a larger proportion of Americans than many other nations remain stuck on slower, more expensive connections.

The solution, the report shows, is relatively straightforward and economically viable for as many as 78 percent of all households across the country: the construction of a series of local or regional fiber networks operated on a wholesale basis, whereby any ISP that wants to can join an open, transparent marketplace, creating much more competition than exists in the current arena. 

“Wholesale Fiber is the Key to Broad US FTTP Coverage” offers an economic case for open access fiber in improving access, affordability, and driving competition. Comparing the potential of what it calls a Vertically Integrated Operators deployment (i.e. traditional incumbent broadband providers that build, own, and operate networks for end users) and Wholesale Network Operators deployment (an open access arrangement where the physical infrastructure is owned by one entity that invites providers to operate on the network and connect end users for a fee), the report finds that the Wholesale Network Operator model reduces the risk of capital investment, drives infrastructure expansion, and would lead to future-proof connectivity for hundreds of millions of Americans. 

A new report by the Electronic Frontier Foundation argues that the general lack of fiber network coverage across the United States - with barely a third of homes able to choose a fiber option -  comes in large part from the domination of the broadband marketplace by incumbent providers who both own and operate the infrastructure that provides Internet access to the vast majority of Americans. It’s a classic market failure, authors Benoît Felten and Thomas Langer argue, where there’s a clear profitable business case for the existence of more fiber access that continues to go unaddressed. At its core, the failure is driven by the attitudes of monopoly Internet Service Providers (ISP) which prefer to reap the profits from existing legacy copper and cable infrastructure rather than invest in new build outs. As a result, a larger proportion of Americans than many other nations remain stuck on slower, more expensive connections.

The solution, the report shows, is relatively straightforward and economically viable for as many as 78 percent of all households across the country: the construction of a series of local or regional fiber networks operated on a wholesale basis, whereby any ISP that wants to can join an open, transparent marketplace, creating much more competition than exists in the current arena. 

“Wholesale Fiber is the Key to Broad US FTTP Coverage” offers an economic case for open access fiber in improving access, affordability, and driving competition. Comparing the potential of what it calls a Vertically Integrated Operators deployment (i.e. traditional incumbent broadband providers that build, own, and operate networks for end users) and Wholesale Network Operators deployment (an open access arrangement where the physical infrastructure is owned by one entity that invites providers to operate on the network and connect end users for a fee), the report finds that the Wholesale Network Operator model reduces the risk of capital investment, drives infrastructure expansion, and would lead to future-proof connectivity for hundreds of millions of Americans. 

A new report by the Electronic Frontier Foundation argues that the general lack of fiber network coverage across the United States - with barely a third of homes able to choose a fiber option -  comes in large part from the domination of the broadband marketplace by incumbent providers who both own and operate the infrastructure that provides Internet access to the vast majority of Americans. It’s a classic market failure, authors Benoît Felten and Thomas Langer argue, where there’s a clear profitable business case for the existence of more fiber access that continues to go unaddressed. At its core, the failure is driven by the attitudes of monopoly Internet Service Providers (ISP) which prefer to reap the profits from existing legacy copper and cable infrastructure rather than invest in new build outs. As a result, a larger proportion of Americans than many other nations remain stuck on slower, more expensive connections.

The solution, the report shows, is relatively straightforward and economically viable for as many as 78 percent of all households across the country: the construction of a series of local or regional fiber networks operated on a wholesale basis, whereby any ISP that wants to can join an open, transparent marketplace, creating much more competition than exists in the current arena. 

“Wholesale Fiber is the Key to Broad US FTTP Coverage” offers an economic case for open access fiber in improving access, affordability, and driving competition. Comparing the potential of what it calls a Vertically Integrated Operators deployment (i.e. traditional incumbent broadband providers that build, own, and operate networks for end users) and Wholesale Network Operators deployment (an open access arrangement where the physical infrastructure is owned by one entity that invites providers to operate on the network and connect end users for a fee), the report finds that the Wholesale Network Operator model reduces the risk of capital investment, drives infrastructure expansion, and would lead to future-proof connectivity for hundreds of millions of Americans. 

A new report by the Electronic Frontier Foundation argues that the general lack of fiber network coverage across the United States - with barely a third of homes able to choose a fiber option -  comes in large part from the domination of the broadband marketplace by incumbent providers who both own and operate the infrastructure that provides Internet access to the vast majority of Americans. It’s a classic market failure, authors Benoît Felten and Thomas Langer argue, where there’s a clear profitable business case for the existence of more fiber access that continues to go unaddressed. At its core, the failure is driven by the attitudes of monopoly Internet Service Providers (ISP) which prefer to reap the profits from existing legacy copper and cable infrastructure rather than invest in new build outs. As a result, a larger proportion of Americans than many other nations remain stuck on slower, more expensive connections.

The solution, the report shows, is relatively straightforward and economically viable for as many as 78 percent of all households across the country: the construction of a series of local or regional fiber networks operated on a wholesale basis, whereby any ISP that wants to can join an open, transparent marketplace, creating much more competition than exists in the current arena. 

“Wholesale Fiber is the Key to Broad US FTTP Coverage” offers an economic case for open access fiber in improving access, affordability, and driving competition. Comparing the potential of what it calls a Vertically Integrated Operators deployment (i.e. traditional incumbent broadband providers that build, own, and operate networks for end users) and Wholesale Network Operators deployment (an open access arrangement where the physical infrastructure is owned by one entity that invites providers to operate on the network and connect end users for a fee), the report finds that the Wholesale Network Operator model reduces the risk of capital investment, drives infrastructure expansion, and would lead to future-proof connectivity for hundreds of millions of Americans. 

A new report by the Electronic Frontier Foundation argues that the general lack of fiber network coverage across the United States - with barely a third of homes able to choose a fiber option -  comes in large part from the domination of the broadband marketplace by incumbent providers who both own and operate the infrastructure that provides Internet access to the vast majority of Americans. It’s a classic market failure, authors Benoît Felten and Thomas Langer argue, where there’s a clear profitable business case for the existence of more fiber access that continues to go unaddressed. At its core, the failure is driven by the attitudes of monopoly Internet Service Providers (ISP) which prefer to reap the profits from existing legacy copper and cable infrastructure rather than invest in new build outs. As a result, a larger proportion of Americans than many other nations remain stuck on slower, more expensive connections.

The solution, the report shows, is relatively straightforward and economically viable for as many as 78 percent of all households across the country: the construction of a series of local or regional fiber networks operated on a wholesale basis, whereby any ISP that wants to can join an open, transparent marketplace, creating much more competition than exists in the current arena. 

“Wholesale Fiber is the Key to Broad US FTTP Coverage” offers an economic case for open access fiber in improving access, affordability, and driving competition. Comparing the potential of what it calls a Vertically Integrated Operators deployment (i.e. traditional incumbent broadband providers that build, own, and operate networks for end users) and Wholesale Network Operators deployment (an open access arrangement where the physical infrastructure is owned by one entity that invites providers to operate on the network and connect end users for a fee), the report finds that the Wholesale Network Operator model reduces the risk of capital investment, drives infrastructure expansion, and would lead to future-proof connectivity for hundreds of millions of Americans.