New York Makes Full-Court Press for RDOF Inclusion Ahead of Vote
Receiving FCC funding previously is no reason to exclude New York state from the Rural Digital Opportunity Fund, state government and others from New York said in interviews. New York’s state broadband office, congressional delegation and telecom companies continue to sound the alarm before the FCC’s Thursday vote on the proposed $16 billion program. FCC Commissioner Jessica Rosenworcel echoed New York concerns, in Monday tweets.
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New York and Alaska "are not eligible for RDOF because of previously established programs to fund rural broadband in these states," the FCC said Jan. 14. Defending the FCC proposal last week, the commission noted that one of Chairman Ajit Pai’s first actions was to provide New York up to $170 million from the Connect America Fund (see 2001220017). The state combined that with state funding for its New NY Broadband Program. The New York State Broadband Program Office (NYS BPO) estimates about 98 percent of the state population has broadband access, up from 70 percent when the program started in 2015.
Some areas lack access despite the state program greatly expanding high-speed broadband, emailed a NYS BPO spokesperson. “We’re extremely grateful for past FCC support for the Program, but we strongly feel that support shouldn’t preclude further federal funding to expand broadband access for New Yorkers -- other RDOF-eligible states have also received past FCC support.” The commission didn’t comment Tuesday.
New York should be able to get federal dollars to "finish the job,” said New York Public Utility Law Project (PULP) Executive Director Richard Berkley in an interview. New York’s broadband office was “very measured” and understated concerns in its Jan. 21 filing at the FCC, said Berkley. “New York is being overlooked for this money and on purpose.” People in Washington and elsewhere in the country think of New York as the city “and a little sidewalk around it and not much else, but New York is an intensely rural state.”
The CAF $170 million “was in concert with New York providing $500 million,” Hudson Valley Wireless General Manager Jason Guzzo said. “That certainly connected a lot of homes that didn’t have access to adequate services but ... there’s still more work to be done and additional subsidies should be available for that.” It’s unfair to “categorically exclude” New York when the state provided so much money for broadband, said Guzzo, who wrote the FCC Jan. 21 about concerns but hasn’t heard back.
The WISP could use RDOF money to expand its footprint in rural New York beyond the 3,000 square miles it now serves around the New York capital region, Guzzo said. The fixed-wireless ISP sells 100 Mbps service through a mix of private equity and state funding. “What we wanted to do is edge out into certain regions.” RDOF “is a tremendous opportunity to get high-speed internet to some of the areas that lack access to affordable broadband services.”
The FCC “plans to exclude rural homes and businesses in one state entirely -- and that's New York,” Rosenworcel tweeted Monday. “This isn't right and it needs a fix.” She highlighted recent congressional letters to the FCC from the state’s two senators and from Rep. Antonio Delgado (D) and 21 House members. Sen. Kirsten Gillibrand (D) tweeted Monday that the FCC should “immediately abandon this proposal.” Delgado tweeted Tuesday that he’s “deeply disappointed” and will “continue to urge FCC leadership to reconsider before the final vote.” Verizon supports including New York (see 2001240066).
“New York’s Congressional delegation has been a critical advocate for RDOF funding,” said the NYS BPO spokesperson. If the delegation pushes hard and Gov. Andrew Cuomo (D) weighs in, “that might be enough to get this mistake corrected,” said PULP’s Berkley, though he noted that Senate Minority Leader Chuck Schumer (D) “is a little bit distracted right now” by the Senate’s impeachment trial of President Donald Trump.
Guzzo hopes the push by Congress and the state broadband office sways the FCC to find a compromise, but he wouldn’t predict the result. There may be another opportunity to participate in RDOF phase two, but “that’s going to be a while down the road,” he said. “We’re New Yorkers -- we’re not that patient.”