The Election’s Impact on Broadband and Digital Equity

The Trump administration does not officially begin until January 20th, but its allies are already proposing changes to major broadband programs. In this blog, we explore two of those proposals — both from Senator Ted Cruz of Texas, the current ranking member and (likely) soon-to-be chair of the U.S. Senate Commerce Committee. Given the committee’s jurisdiction over broadband, these proposals should be taken very seriously.

TL;DR: Sen. Cruz is threatening key broadband programs. Sign up here to help protect them.

Halt Digital Equity Act Programs

On November 21, Sen. Cruz sent a letter to the NTIA asking the agency to halt the $1.25 billion Digital Equity Competitive Grant Program. As a reminder, this grant program is designed to support organizations that promote digital skills, cybersecurity know-how, and technology access so that people can thrive in our increasingly digital world.

In his letter, Sen. Cruz argues that the Competitive Grant Program is unconstitutional because it “considers the race of the Program’s beneficiaries when issuing grant awards.” Sen. Cruz is referring to the fact that, by law, the NTIA is required to evaluate grant applications based, in part, on how well they will serve certain “covered populations,” i.e. rural residents, veterans, aging individuals, low-income individuals, incarcerated individuals, individuals with disabilities, individuals with language barriers, and, indeed, racial and ethnic minorities. Because these populations are disproportionately affected by the digital divide, Congress directed the NTIA to help the organizations that serve them through the Competitive Grant Program. That is why NTIA is implementing the program this way — it’s the law!

Why it matters to you:

  • Many organizations in Pennsylvania have applied to this grant program. If successful, their applications will fund initiatives that improve the digital skills of people in Pennsylvania, improving lives and benefiting the larger economy. Sen. Cruz’s effort would halt that progress and, potentially, end the program.
  • Currently, Pennsylvania has its own $25 million state-run digital equity capacity grant program. Ripple effects from Sen. Cruz’s efforts could also undermine this program since it targets the same covered populations.
  • In Pennsylvania, 79.4 percent of the population are part of at least one “covered population”. These are the people who stand to benefit from the program Sen. Cruz seeks to halt.

Halt BEAD Infrastructure Deployment

On November 21, Sen. Cruz sent an additional letter to NTIA asking it to pause the $42.45 billion BEAD infrastructure program. As a reminder, BEAD is designed to build affordable, reliable, high-speed broadband in areas with little to no internet service today.

In his letter, Sen. Cruz argues that BEAD contains “unlawful and extraneous” requirements, such as a preference for fiber-optic technology, affordable internet service, a unionized workforce, and resilient infrastructure. Bipartisan members of Congress had many reasons to create these requirements, but setting those reasons aside, the fact is these requirements are rooted in law. As such, NTIA is legally required to implement them. (For more on these requirements, see this analysis.)

Notably, the FCC’s Brendan Carr agrees with Sen. Cruz (while the FCC has no direct control over BEAD, it is the primary agency for the telecommunications sector). Commissioner Carr is President-elect Trump’s nominee to lead the FCC, and he is close to Elon Musk, whose company, Starlink, could benefit from a relaxation of BEAD’s rules.

Why it matters to you:

  • Millions of people across the country live without adequate internet service. BEAD was designed to connect all of them. Pennsylvania is receiving over $1 billion to fund infrastructure for the thousands of Pennsylvanians without adequate broadband access. An opportunity like this will probably never occur again in our lifetimes.
  • Pennsylvania has been preparing for BEAD for years, and the rubber is just now meeting the road. If Sen. Cruz changes BEAD rules now, those years of work could be undone, delaying internet service for millions.
  • While BEAD funds are considered “obligated” and potentially protected from programmatic rule changes or funding clawbacks, Pennsylvania will still rely on the NTIA for final approval of its spending plan, and such approvals could be delayed or withheld.

What Can You Do?

To be clear, Sen. Cruz’s proposals are only that — proposals. The current Administration has shown no signs of changing course, and the next Administration has not committed to any particular actions. All we can do at this point is be prepared. To that end, here is what we suggest:

  • Participate in Advocacy: If you’re interested in learning more and coordinating with a larger group, please indicate so here and we will follow up. We plan to draft a letter to Congress and coordinate outreach to key Members. Don’t worry if you’re not an expert on these issues. If anything, it’s an asset to have a broad range of stakeholders represented!
  • Call and Write Congress: If you’d like to lead your own advocacy, consider calling or writing your Congressional delegation and telling them why Digital Equity and BEAD are important. If you can, get others to join you. If you’d like assistance, please let us know.
  • Join Coalitions: Attend coalition meetings to stay up-to-date and discuss action plans. You can sign up for our coalition here, and you can find others through the National Digital Inclusion Alliance.

I’d like to close with a quote from my friend and colleague, Janie Dunning, leader of Missouri’s Show Me Broadband coalition:

“As a federal employee of 49 years, I have experienced more than a dozen presidential transitions. Some were to the same party, others to a different party, but one thing remained consistent — there were always policy changes. It is our job as broadband advocates to evaluate these changes and speak up in support or opposition, depending on how they would impact our mission. Expect to hear all types of proposals, and prepare to voice your opinion on them.”

Let’s make ourselves heard!