After years of efforts, the telecom industry and a range of independent broadband experts are making progress in a quest to make broadband grants tax exempt, a move industry players large and small say is necessary if the federal government wants the historic round of new federal broadband funding to benefit as many un- and under-served Americans as possible. 

During previous broadband grant programs, such as the (Broadband Technology Opportunities Program) BTOP and (Broadband Initiatives Program) BIP grants in 2010, the Internal Revenue Service had the authority to unilaterally exempt some grants from taxation. 

The Tax Cuts and Jobs Act (TCJA) required that broadband grants be treated as taxable income. As a result, telecom industry watchers have been warning since March that upwards of 21 percent of new grant awards would need to be paid back to the United States government in the form of taxation, complicating project financing and scale. 

“Entities expecting to receive grant funds would need to budget for the tax bill, potentially requiring a reduction in the scope of their project,” Casey Lide of the law firm Keller & Heckman wrote in a post detailing the implications. “Entities might also consider structuring a project so that grant funds are received by tax-exempt entities.”

With more than $50 billion in Infrastructure Investment and Jobs Act (IIJA) and American Rescue Plan Act (ARPA) funding waiting in the wings, industry players large and small are working to reverse the changes imposed in 2017 before the tax man comes knocking.

The U.S. Treasury Department announced another six states have been approved to receive nearly $1 billion in Capital Projects Funds from the American Rescue Plan to bring new broadband infrastructure to more than 180,000 homes and businesses.

The latest tranche of CPF funds is heading to Florida, Georgia, Iowa, Minnesota, Missouri, and Utah, bringing the total number of states to have been approved for their share of the $10 billion fund to 22 states.

Previous awards were announced in June, July, August, early October and late October. According to a Treasury Department press release, the remaining funds for additional states and Tribal territories will be released on a rolling basis.

U.S. Treasury Deputy Secretary Wally Adeyemo said the announcement further underscored the Biden-Harris administration’s commitment to invest in the expansion of reliable, affordable broadband infrastructure as the Covid pandemic “exposed the stark inequity in access to affordable and reliable high-speed Internet in communities across the country.”

This funding will lay the foundation for the Biden-Harris Administration’s historic investments to increase access to high-speed Internet and reduce Internet bills for American households and businesses.

Florida

The Sunshine State is set to receive $248 million to fund new broadband infrastructure that will connect an estimated 48,400 households and businesses, or about 10 percent of locations in Florida that do not have access to high-speed Internet. That amount accounts for 68 percent of the CPF funds Florida will receive as plans for how the state will spend the remainder of funds is still under Treasury review.

Allegan County, Michigan is moving forward with an ambitious new plan to bring affordable fiber broadband to 12,000 unserved addresses across the county. The project will be in partnership with Southfield, Michigan based 123NET, made possible in large part due to more than $17.7 million in county American Rescue Plan Act funds.

“123NET has proposed a fiber to the home proposal to approximately 12,000 addresses of residents who don’t have access to 100 Mbps (Megabit per second) download fixed service,” Allegan County Broadband Project Manager Jill Dunham told ISLR. 

According to the county’s website, the Allegan County broadband Internet access project first began when the county commission approved a resolution to form a Broadband Action Workgroup, which started meeting back on August 8, 2021.

The county has since constructed a four-part broadband expansion plan that promises to deliver 12,000 unserved addresses affordable fiber connectivity providing at least 100 Mbps downstream and 25 Mbps upstream, now effectively the standard in federally subsidized new broadband deployments.

According to the county, the path toward breaking ground involves ensuring Rescue Plan fund eligibility, hiring a project lead, bringing in additional project partners and other outside advisors, gathering data to ensure project goals will be met, and then putting it all together to implement plans for increased accessibility.

While cooperatives, utilities, and municipalities are seeing a welcome portion of Covid relief and infrastructure bill funding, the nation’s two biggest cable broadband monopolies continue to hoover up the lion’s share of most new broadband infrastructure grants. 

All told, the American Rescue Plan Act and Infrastructure Investment and Jobs Act will deliver more than $50 billion in new funding for broadband infrastructure. And while cooperatives and utilities have been big winners in states like Tennessee, a recent breakdown by Fierce Telecom of money awarded so far shows that cable monopolies have been the biggest winners by far. 

Harnessing its American Rescue Plan funds, the city of Syracuse is seeking a partner to launch a pilot project as a precursor to creating a citywide municipal broadband network and to support the city’s broader digital inclusion efforts.

In his 2022 State of the City address, Syracuse Mayor Ben Walsh laid out the vision, recognizing that now is a time of opportunity.

"At no time in the past half century have conditions aligned so favorably for the City of Syracuse," Walsh said. "Population is growing. Graduation rates are rising. Private investment and job creation are again on the upswing. Our city fund balance has grown. The American Rescue Plan provides an unprecedented injection of federal aid — $123 million – to address challenges created and made worse by the pandemic. The Bipartisan Infrastructure Framework will pour tens of millions into the infrastructure challenges that always seemed just out of reach – roads, water, and broadband."

Syracuse wants to seize the opportunity by investing in both improved telecommunication infrastructure and digital literacy programs.

It has led the mayor’s office to issue a Request-for-Proposals (RFP) for the design, implementation and maintenance of a municipal network that would target households in Syracuse not currently served by the city’s incumbent providers (AT&T, Spectrum, and T-Mobile Home Internet). 

The deadline for submitting proposals is 2:30 pm ET October 11.

Seeking Open Ended Innovative Proposals

While cooperatives, utilities, and municipalities are seeing a welcome portion of Covid relief and infrastructure bill funding, the nation’s two biggest cable broadband monopolies continue to hoover up the lion’s share of most new broadband infrastructure grants. 

All told, the American Rescue Plan Act and Infrastructure Investment and Jobs Act will deliver more than $50 billion in new funding for broadband infrastructure. And while cooperatives and utilities have been big winners in states like Tennessee, a recent breakdown by Fierce Telecom of money awarded so far shows that cable monopolies have been the biggest winners by far. 

As of September, Charter (which sells service under the Spectrum brand) had won more than $170.8 million in grants across Ohio ($51 million), Kentucky ($49.9 million) Indiana ($27 million), Georgia ($12.2 million), Maryland ($8.5 million), Louisiana ($7.88 million), Alabama ($7.26 million), Wisconsin ($5.9 million) and Pennsylvania ($1.2 million).

Alabama and New Mexico voters will soon be given the midterm option of changing their state constitutions to help boost broadband funding and deployment, albeit in notably different ways. 

In Alabama, voters will head to the polls on November 8th to vote on a Broadband Internet Infrastructure Funding Amendment that would amend the state's constitution "to allow local governments to use funding provided for broadband internet infrastructure under the American Rescue Plan Act (ARPA) and award such funds to public or private entities."

County leaders have spent much of this year warning that Section 94 of the Alabama Constitution bans the state from granting public money or “things of value” to local governments for public and private use. That’s a significant problem when it comes to the $276 million in ARPA funds Alabama Governor Kay Ivey earmarked for broadband expansion last March.

Programs such as the USDA’s ReConnect and the FCC’s Rural Digital Opportunity Fund (RDOF) haven’t run afoul of the Alabama Constitution because they both involve the federal government directly doling out funds for broadband expansion. But ARPA funding allows local municipalities to distribute a portion of state-allocated funds.

Lexington, Tennessee is the latest U.S. city that will soon see the expansion of more affordable fiber thanks to the city-owned utility, Lexington Electric System (LES). LES’ recent $27.49 million state grant award will be the backbone of a new initiative that will both improve the utility’s electrical services, and deliver a long overdue dose of broadband competition to the area. 

Cooperatives and utilities were huge winners in the latest round of awards from the Tennessee Emergency Broadband Fund, itself made possible by the American Rescue Plan. Of the $446.8 million in awards doled out by the state, utilities and cooperatives walked away with $204.4 million — or nearly half of all funds.

LES Lands Major Grant Funding

The second biggest grant recipient was LES, whose $27.49 million award will be used to deliver future-proof fiber to the 22,000 residents across Henderson, Decatur, Benton, Carroll and Hardin counties that already receive electricity service from the utility. 

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The utility’s original business plan estimated that it will take five years and roughly $42 million to deploy 2,101 miles of new fiber to about 88 percent (18,183) of its current electric customer base. It then proposed taking another five years — and an additional $1.2 million — to reach the remainder of the utility’s harder to reach service users.

The U.S. Treasury Department announced this week the latest cohort of states approved to receive money for broadband infrastructure from the American Rescue Plan’s $10 billion Coronavirus Capital Projects Fund: Massachusetts, Michigan and Wisconsin.

“Together, these states will use their funding to connect more than 91,000 homes and businesses to affordable, high-speed Internet,” according to the Treasury’s press release.

Louisiana, New Hampshire, Virginia, and West Virginia were the first states approved to receive CPF funds in June; followed by Kansas, Maine, Maryland, and Minnesota in July; and Connecticut, Indiana, Nebraska, North Dakota, and Arkansas in August.

The latest tranche of CPF funds totals a little over $435 Million with Massachusetts approved for $145 million to fund new broadband infrastructure; $250.6 million for Michigan; and $40 million for Wisconsin.

A virtual press event was held on Thursday announcing the awards, led by Gene Sperling, Senior Advisor to the President and American Rescue Plan Coordinator; Jacob Leibenluft, U.S. Treasury Chief Recovery Officer; U.S. Sens. Ed Markey of Massachusetts and Debbie Stabenow of Michigan; Congressman Dan Kildee of Michigan; and Chairwoman of Wisconsin’s Public Service Commission Rebecca Cameron Valcq.

Massachusetts

In Massachusetts, the funds will be used for the Commonwealth’s Broadband Infrastructure Gap Networks Grant Program. The state estimates that will be enough to connect 16,000 households and businesses, which represents 27 percent of locations in the state that lack high-speed Internet access.

Sen. Markey spoke to the importance of high-speed Internet connectivity and how it touches nearly every aspect of day-to-day life:

Tennessee cooperatives and utilities came out at the top of the heap in the latest round of awards from the Tennessee Emergency Broadband Fund, netting nearly half of all money awarded for the expansion of more affordable broadband statewide.

The Tennessee Department of Economic and Community Development (TNECD) awarded $446.8 million to 36 applicants, who are now tasked with deploying improved broadband service to 150,000 unserved homes and businesses across 58 Tennessee counties. All told, TNECD said that 218 applicants applied for a total of $1.2 billion in broadband funding.

Of the $446.8 million in awards, utilities and cooperatives walked away with $204.4 million.

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Major awards to utilities included Lexington Electric System ($27.5 million), Bledsoe Telephone Cooperative ($17.7 million), Greeneville Energy Authority ($8.2 million), Knoxville Utilities Board (KUB) ($15.2 million), Board of Public Utilities of the City of Fayetteville ($23.9 million), and Cumberland Electric Membership Corporation ($17.5 million). 

“This is great news for our community,” Gabriel J. Bolas, President & CEO of KUB, said in a statement provided to ILSR. “We have known for some time that there is a need for reliable internet in Union, Grainger, Sevier, and Jefferson Counties, and this announcement proves there is a broad and concerted commitment to address their needs soon.”

Grants for Regional Telecom Giants Part of the Mix

Regional telecom giants and local monopolies were also well represented by the state’s latest broadband funding round.