Trade Law Daily is a Warren News publication.
Clyburn Urges PUC Role

Challenges to New FCC Maps Could Start in October, NARUC Told

SAN DIEGO -- The FCC could open its challenge process for new broadband maps in October, said Consumer and Governmental Affairs Chief Alejandro Roark on a Tuesday panel at NARUC’s summer meeting. Utility commissioners must weigh in on state broadband talks even if they’re led by other agencies, said former FCC Commissioner Mignon Clyburn on a Monday panel about NTIA’s broadband equity, access and deployment (BEAD) program.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

The FCC is "on track to launch the first version of the maps in fall 2022,” said Roark: In late fall -- possibly October -- the agency will begin to accept challenges. Expect ongoing and iterative updates, based on challenges, well into the future, the bureau chief said.

Digital equity is a priority for Chairwoman Jessica Rosenworcel and the FCC, said Roark. “Now that there's a real public investment,” the government is seeking through the BEAD program a low-cost program that supports access to "a high-quality product,” he said. It wants to avoid “unintentionally reinforcing” older “thinking that led us to disparate outcomes,” he said.

The FCC aims to release a notice of funding opportunity (NOFO) for affordable connectivity program (ACP) outreach grants this fall, Roark said. “We’re really being thoughtful and intentional to ensure that everybody has the resources that they need to be able to implement a … targeted, multilingual affordability program that really reaches deep into communities.” NARUC’s Telecom Committee was scheduled to vote later Tuesday on a resolution about increasing ACP awareness.

Unprecedented levels of funding opportunity do not automatically bring with them unprecedented successes,” warned Clyburn, who was also a South Carolina Public Service Commission member. State utility commissioners “have been around a lot longer than those agencies who will take the lead on spending this money,” she said. If commissioners don’t demand seats at the table, they will “have fallen short of [their] public service opportunities,” Clyburn said. “If you stand by, then we can have a trillion more dollars and we will not fix what’s broken.”

State commissions can help scrutinize grant recipients’ technical abilities and ensure nobody receives duplicate funding, said Nebraska Public Service Commissioner Tim Schram (R): With little time to complete the grant process and deploy large networks, there’s no time “for amateur hour.” Panelists said states can exercise oversight authority even without the eligible telecom carrier process, which has recently been used to check financial and technical capability of Rural Digital Opportunity Fund recipients.

Just leverage your own bureaucracy” if the ETC process is unavailable, suggested Massachusetts Technology Collaborative Executive Director Carolyn Kirk: That could include auditing awardees. Ensuring compliance with BEAD funding obligations would be a “perfect role” for state utility commissions, said Brian O’Hara, National Rural Electric Cooperative Association senior director-regulatory affairs.

To better direct broadband dollars for tribes, state commissioners should seek meetings with tribal leaders, NTIA Tribal Connectivity and Nation to Nation Coordination Division Chief Adam Geisler said on another panel Tuesday. Ask to work with them while recognizing tribal sovereignty, he said. NTIA was “six-times oversubscribed” to its first, $1 billion tribal broadband program, said Geisler, “and I think that in our second NOFO, we’ll see an even larger number,”