*The following story by Broadband Breakfast Reporter Kelcie Lee was originally published here.

The lawsuit over the Trump administration’s suspension of grants from the $2.75 billion program to close the digital divide may come to a pause. 

The National Digital Inclusion Alliance (NDIA) filed a motion Wednesday to put its lawsuit suing President Donald Trump on hold, because there is a similar case further along that would control the outcome. 

NDIA was a key player in the Digital Equity Act (DEA), having been one of 65 recommended awardees that were blindsided after having spent two years building plans approved by the federal government. 

The DEA was a Biden-era program from the bipartisan Infrastructure Investment and Jobs Act of 2021 (IIJA) that worked to ensure Americans could access, afford and fully participate in the increasingly digital society. 

In May 2025, Trump halted $1.25 billion in DEA competitive grants, explaining that the act was unconstitutional, racist and illegal.

When Congress passed the Telecommunications Act of 1996, it sought to foster innovation and competition in telecommunications markets, expand the definition of universal service, and modernize regulatory structures for the digital age. Three decades later, architects of the ‘96 Act say it achieved many of those goals, but numerous legal challenges following its passage reshaped how key provisions were implemented.

“Litigation shaped so much of what the Act eventually became,” said Mignon Clyburn, a former commissioner of the Federal Communications Commission, speaking Thursday among a panel of former FCC regulators, legal counsel, and policy advisors who helped shape and defend the landmark telecom law.

Gathered for an event organized by the Benton Institute for Broadband & Society marking the law’s 30th anniversary, the event reflected on both the spirit and letter of the landmark legislation which has shaped much of the modern Internet in the United States. The first major overhaul of telecommunications law in more than 60 years, the ‘96 Act required the FCC to conduct more than 80 separate rulemakings addressing everything from appropriate pricing, to interconnection rules and the unbundling of incumbent telephone networks.

The Trump administration's illegal “termination” of the 2021 Digital Equity Act continues to have devastating real world impacts on everything from affordable broadband access to protecting Americans from skyrocketing online scams.

The $2.75 billion Digital Equity Act was passed by Congress as part of the 2021 infrastructure law. It mandated the creation of three different major grant programs intended to shore up equitable, widespread access to affordable Internet, while providing the tools and digital literacy education needed to help neglected U.S. communities get online.

But last May the Trump administration unceremoniously demolished the Act, froze all program funding, and left countless states, programs and organizations – many on the cusp of major new efforts – high and dry.

At the time, President Trump and GOP leaders like Sen. Ted Cruz disingenuously attacked the Act’s programs as “racist” and "unconstitutional,” – part of a broader effort to dismantle programs deemed as “DEI,” even in instances where the programs had little to nothing to do with race or gender. Many of the “covered populations” covered by the bill included rural residents, veterans, and elderly Americans from all walks of life.

Funding Freeze Puts Most Vulnerable Americans at Risk

The sudden "termination" of the popular law resulted in dozens of states having to abruptly cancel major broadband expansion plans. But the freeze has also been a massive problem for state programs that were taking aim at a U.S. online fraud epidemic proving particularly harmful to the U.S. elderly and marginalized communities.

UTOPIA Fiber continues to grow and is now exporting its expertise into Bozeman, Montana – one of the fastest-growing cities of its size and often listed among the best places to live in the country.

Referred to by some as “Boz Angeles” because of the influx of Californians to the area, this Rocky Mountain city of 53,000, nestled in Gallatin Valley, is about to become even more attractive as a rising tech hub for millennials. At the Broadband Communities 2021 Summit last month, it was announced that Bozeman Fiber, a non-profit organization created by the city to expand high-speed Internet connectivity across the region, has partnered with Utah-based UTOPIA Fiber to build an open access fiber-to-the-home (FTTH) network.

Bozeman Fiber has already built an open access fiber ring, serving city, county, and school facilities. It has also connected 200 commercial customers. The partnership with UTOPIA will allow Bozeman Fiber to extend the network across the city, passing 22,000 homes and businesses, with plans to extend further out into the more rural parts of Gallatin County down the road.

Network construction, which is estimated to cost $65 million, is slated to begin in the spring of 2022 and is expected to take three years to be completed.

“This is the first phase of a project that will cover the city and some areas of the county, and the intention is we’ll have future phases that reach further out into the county to hit more rural areas,” UTOPIA Fiber executive director Roger Timmerman said during the press conference announcing the partnership.

Bozeman Fiber CEO Greg Metzger added: “with this project, we’ll be able to attract and retain more businesses, and create jobs.”

County Provides Access to Bond Market

As Mayors must concern themselves with everything from public safety and health to the development of the local economy and the provision of essential municipal services, they tend to have a particular focus on the infrastructure necessary to support it all, amid a cacophony of competing interests.

Over the summer, having reached consensus on the fundamental importance of “the digital infrastructure of tomorrow,” a particular focus of the United States Conference of Mayors 88th National Annual Meeting was to issue a resolution declaring the necessity of “Preserving Local Public Rights-of-Way and Regulatory Authority to Most Effectively Deploy 5G Broadband Access and Bridge the Digital Divide during the COVID-19 Pandemic.”

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The Mayors’ resolution comes in response to the Federal Communications Commission’s (FCC's) 2018 preemption of local governments’ authority to regulate 5G infrastructure in their cities. 

At the heart of the regulatory debate: local governments’ ability to determine the amount of fees to charge mobile carriers that want to place 5G equipment in Rights-of-Way. In addition to putting limits on those fees, the FCC Order also sets strict timelines by which cities and towns must respond to carrier applications. The FCC decision, issued over the objections of industry observers and policy experts, essentially eliminates local communities’ ability to negotiate in order to protect their own Rights-of-Way and the poles, traffic lights, and other potential structures within those Rights-of-Way.

Preempting Local Authority