Communities looking to leverage American Rescue Plan Act (ARPA) funding for broadband or other local infrastructure need to act soon or risk losing access to a once-in-a-generation funding resource.

Most ARPA recipients seem well aware of the deadline, but data suggests more than a few communities could drop the ball.

As part of the 2021 American Rescue Plan Act (ARPA), $25 billion was specifically earmarked for broadband expansion.

But the law also created the State and Local Fiscal Recovery Funds (SLFRF) program, which doled out $350 billion for states, municipalities, and tribal governments to offset pandemic losses or flexibly invest in local infrastructure.

After two years enmeshed in the unglamorous work of coalition-building, speed test data collection, and pushing state leaders to invest in better telecommunication infrastructure across Oakland’s most disadvantaged neighborhoods, digital equity advocates in the East Bay city are finally seeing the fruits of their labor pay off.

The city was recently awarded a $15 million grant from the state’s $2 billion dollar Federal Funding Account, administered by the California Public Utilities Commission (CPUC).

The grant will fund the construction of a city-owned, open-access, hybrid middle mile/last mile fiber network – one of a half-dozen grant awards the CPUC approved in the first round of funding, most of which went to support community broadband initiatives.

Courtesy of federal Rescue Plan dollars, the infusion of cash will allow the city to deploy nearly 13 miles of new middle mile 144-count fiber, upgrade almost 12 miles of existing city-owned fiber, and add 9 miles of new last mile fiber connections. As the city’s network is built, it will be connected to the state’s new massive open access middle mile network now under construction.

The FFA grants are part of California’s larger Broadband For All initiative, a $6 billion effort aimed at seeding competition and expanding broadband access across the Golden State.

The Oakland project not only paves the way for the city to connect 14 community anchor institutions (CAIs) and nine public safety buildings, it will also expand high-speed Internet access to thousands of unserved and underserved addresses in West and East Oakland.

U.S. News & World Report recently ranked Brownsville, Texas as one of best places to live in the Lone Star State and as one of the most affordable places to retire.

Now – as the border city continues to make progress on an ambitious revitalization initiative – it is adding to its “best, most affordable” resume by transforming the digital landscape with a citywide fiber network to bring fast, reliable, and affordable Internet service to its nearly 200,000 residents.

The effort is being launched on the back of a city-owned middle mile fiber backbone and partnership with Lit Fiber to build out last mile service, operating as Lit Fiber BTX.

“We just lit up our first subscriber and will have 10,000 locations-passed by the end of the year,” Rene Gonzalez, Lit Fiber’s Senior Vice President of Policy and Regulatory Affairs, told ILSR this week.

“Brownsville was a place that had been neglected. But now, SpaceX is here. We are here. It’s exciting.”

The excitement was palpable last week at the BTX Demo Center in downtown Brownsville where city and Lit Fiber officials held a “special community social” to celebrate service getting turned on for the first LIT Fiber BTX subscriber and to showcase what the network will offer city residents and businesses moving forward.

EMPOWER Broadband, a subsidiary of Mecklenburg Electric Cooperative (MEC), is asking the Federal Communications Commission (FCC) to waive financing requirements attached to the provider’s takeover of thousands of subsidized broadband locations from RiverStreet Networks. It’s a move the cooperative says will save it millions of dollars in errant additional penalties.

It’s also highly representative of the ongoing challenges facing a program that has long been criticized for dysfunction and mismanagement.

The FCC program not only fell short of fulfilling its original promise, it now risks boxing numerous communities out from what could be a generational funding opportunity made possible by the 2021 infrastructure bill.  

During the 2018 Connect America Fund (CAF) Phase II auction, RiverStreet was awarded $32.1 million in financing to provide high-speed Internet to 13,518 locations in Virginia. RiverStreet is looking to divest 3,757 locations across three counties, poised to receive $8.1 million in annual CAF II broadband deployment support.

Image

According to a May RiverStreet filing with the FCC spotted by Broadband Breakfast, the divestment is necessary because the company “encountered certain obstacles that have prevented it from meeting its CAF II buildout milestones in the assigned CBGs.”

Central Virginia Electric Cooperative’s (CVEC) Firefly Broadband subsidiary has been awarded a new $12.2 million grant from the state of Virginia. The award will help fund a major update to an already massive effort to extend affordable broadband to vast swaths of rural Virginia.

According to a cooperative announcement, the $12.2 million in Virginia Telecommunication Initiative (VATI) grant funding will be used to help fund a broader $48.6 million partnership with Rappahannock Electric Cooperative, Dominion Energy, and county governments.

These current VATI funds were largely made possible by federal COVID relief legislation passed in 2021. Such ARPA (American Rescue Plan Act) funding saw fewer overall restrictions and greater flexibility than infrastructure bill funding (BEAD) authorized the same year, resulting in states more quickly doling out funding for emerging broadband deployments.

“The fiber construction project will span approximately two years, covering 603 miles and reaching nearly 6,000 additional eligible locations in the counties of Amherst, Appomattox, Buckingham, Campbell, Fluvanna, Goochland, Greene, Louisa, Madison, and Powhatan,” CVEC said of the plan.

Image

CVEC and Firefly’s expansion into unserved Virginia comes after the cooperative first finished an ambitious, $130 million plan to install over 4,500 miles of fiber-optic cable across 14 counties, providing broadband internet access to all of its 39,000 members.

A new report published today by the Institute for Local Self-Reliance (ILSR) reveals how the sovereignty of Tribal Nations and their own efforts to solve connectivity challenges on Tribal lands can be undermined by the poor design and maze of bureaucracy associated with some federal broadband programs.

The report – Native Nations and Federal Telecom Policy Failures: Lessons from the Rural Digital Opportunity Fund [pdf] – begins with a startling example of how one Tribe learned about the plans of a major fiber Internet provider to serve “a handful of locations in the heart of the Tribal Reservation.”

Authored by Dr. Jessica Auer, Tribal Broadband Policy Analyst with ILSR’s Community Broadband Networks initiative, the report captures the pernicious consequences of a program that was supposed to help bring high-speed Internet service to rural communities who lacked access:

A non-Tribal telecommunications company had received federal funding to build broadband infrastructure on Tribal lands without consent, had appeared to shirk required federal Tribal engagement requirements, had ignored the Tribe’s attempt to raise concerns about it, and now seemed to be expecting to dictate what would happen next.

While the report begins with a real-life example of how Tribal nations now working to build their own broadband networks can be blindsided by bureaucratic neglect and non-Tribal ISPs, it goes on to detail why the FCC’s approach to broadband funding has fostered tension between providers and Tribal ISPs, and why RDOF has earned a particularly bad reputation among many Tribes.

“Some recent federal broadband programs do actually require ISPs to secure Tribal consent prior to receiving funds,” Auer says. “But, the FCC still has not adopted this approach. The problems outlined in this report reinforce the need for such a requirement.”

Imperial, Lassen, and Plumas Counties are among the first recipients of California’s $2 billion Last Mile Federal Funding Account Grant Program (FFA). The cities of Oakland, Fremont, and San Francisco have also been awarded significant state awards.

The FAA grants are part of California’s ambitious Broadband For All initiative, a $6 billion effort aimed at dramatically boosting broadband competition and access across the Golden State.

All told, the California Public Utilities Commission (CPUC) awarded 11 FFA grants totaling over $86.6 million. Prominent awardees from this first round include publicly-owned broadband projects: the Golden State Connect Authority (GSCA) – a joint-powers broadband authority comprising 40 rural California counties – and Plumas Sierra Telecommunications for projects across Imperial, Lassen, and Plumas Counties.

“These projects will build community-based, future-proof, and equity-focused broadband infrastructure across California,” said CPUC President Alice Reynolds. “The Federal Funding Account – and these projects – are a shining example of our state’s Broadband For All values and objectives.”

As states gear up to administer federal BEAD funds from the bipartisan infrastructure law, a handful of states are already making significant investments in municipal broadband using federal Rescue Plan dollars.

California, Maine, Vermont, and New York have each established grant programs that center municipal broadband projects (mostly fiber builds) – with New York being the most recent state to announce more than $70 million in grant awards through its ConnectALL Municipal Infrastructure Grant Program (MIP).

Courtesy of the U.S. Treasury’s Capital Projects Fund, the awards are part of a $228 million initiative to bring high-quality Internet connectivity and consumer-friendly choice to New York communities long-stranded on the wrong side of the digital divide.

What began as a three-day intensive learning experience focused on building and running Tribal Internet networks has become a can’t-miss gathering of broadband-minded Tribal leaders coming together to “shore up historic disparities in connectivity in Indian Country,” as the Associated Press recently reported.

Followers of this site have likely read or heard about ILSR’s deep involvement in the on-going series of Tribal Broadband Bootcamps (TBB) hosted in different Tribal regions several times a year since the initiative began in 2021. Now, word is spreading far beyond Indian Country.

Last week, the Associated Press shined a spotlight on the most recent bootcamp, which last month was once again convened at the southern California ranch of TBB co-founder Matthew Rantanen.

Image

The article, authored by AP reporter Kavish Harjai, provides an inside look at the most recent bootcamp, highlighting an aspect of the digital divide often overlooked in a nation that historically has been either hostile towards Indigenous communities or has treated Native Nations with benign neglect:

“More than 1 in 5 homes on tribal lands lack access to adequate broadband, compared to fewer than one in 10 on non-tribal land in 2024.”

“Tribal nations have struggled to connect to the web for a variety of reasons ranging from living in remote locations to lack of investment by [I]nternet service providers. The lack of service has hampered every aspect of 21st century life, from health care and education access to the ability to start a business and stay in touch with friends and family.”

The AP story captures the vision behind the initiative led by Rantanen and ILSR’s Community Broadband Networks program director and TBB co-founder Christopher Mitchell:

The Federal Communications Commission (FCC) says it won’t be providing broader relief for broadband operators that have defaulted on grant awards via the agency’s messy and controversial Rural Digital Opportunity Fund (RDOF) broadband subsidy program.

According to an FCC public notice, the FCC stated it found "no demonstrated need for broad relief" from provider penalties connected to either the RDOF or Connect America Fund II (CAF II) programs. It also shot down calls for a broader amnesty program for defaulters.

“Given the flexibility available under the existing default processes…we decline to provide a blanket amnesty,” the agency’s Wireline Competition Bureau said.

In a letter to the agency last February, a broad coalition of providers and consumer organizations suggested that either reduced penalties – or some sort of amnesty program – might speed up defaults, freeing areas for upcoming broadband infrastructure bill (Broadband Equity Access And Deployment, or BEAD) subsidies.

Image

The group was quick to point out that areas where RDOF and CAF II money has been committed are considered “served” for purposes of BEAD deployments, potentially boxing out many desperate U.S. communities from billions in potential funding.

“Many of the RDOF and CAF II awardees who cannot or will not deploy their networks are located in states with the greatest connectivity needs, like Missouri and Mississippi,” the authors wrote. “The Commission should not permit these unserved rural communities to face this type of double whammy and be left behind once again.”

But in its statement, the FCC insisted that changes to its approach aren’t necessary because, it claims, its existing processes are working.