Tag Archives: NDIA

Digital Equity Grants Inch Forward

You may read headlines that lead you to believe that the courts have restored the Digital Equity Act as a result of a lawsuit by the National Digital Inclusion Alliance (NDIA). The ruling from Judge John D. Bates of the U.S. District Court for the District of Columbia is a lot more complicated than that.

If you’re brave enough to venture into the court order, you’re going to quickly figure out that, unless you are a constitutional lawyer, you aren’t going to understand a lot of the background and discussion inside the order. If you want a plain English summary of the order, I direct you to the excellent summary from the Benton Institute – and even that is challenging to read in places for those not used to reading court orders. Rather than rehash everything in the order, which was done well by Benton, I’m going to cut to the conclusions of the case and talk about what this might mean for those still hoping to get digital inclusion grants.

What did the Court order? The Administration killed the $2.75 billion grant programs that were part of the Digital Equity Act. This suit specifically challenged the termination of the Digital Equity Competitive Grant program, where NTIA made direct grant awards for digital inclusion activities. This suit did not address the Digital Equity Capacity Grant program, where State Broadband Offices were slated to make digital inclusion grant awards.

The Court did not yet order the NTIA to continue with the Competitive Grant program. The order basically eliminated the government’s stated reason for canceling the grant program. The government argued that making grants based on race was unconstitutional. The court agreed with that argument, which is a big win for the Administration, since this is the first Court to so plainly agree with that assertion. But the Court further ruled that if grant requirements based on race are removed, the rest of the lawsuit can continue. The government said in a footnote of their pleading that they would be willing to immediately reinstate the Competitive Grant program if the race issue were removed. The two sides are now required to file a joint status report by August 1 that proposes a schedule for continuing the case.

So what’s next? One possibility is that the government will want to continue to dispute some of the other claims by NDIA, and if that happens, the court case would continue.

The possibility that digital inclusion advocates hope for is that the government will be good on its word and will agree to end the suit now that the race criteria are gone. If that happens, it’s likely that the Court would order NTIA to restart the Competitive Grant program.

Nobody knows what that would mean. NTIA could decide to get moving again with the grant program. However, NTIA might still be reluctant to award these grants if that’s the message they get from the Administration, and they could slow-roll the process, just like they are doing with the BEAD nondeployment funds. NTIA could decide to take a fresh look at the grant rules now that race has been removed and start the process over. Even if NTIA moves forward, I find it unlikely that NTIA would automatically honor the grants that were already awarded and would make everybody apply again. I wouldn’t make any bets that NDIA is going to get a grant award from this program.

The other half of this program is the Capacity Grant program, which was going to give money to states to make digital inclusion grant awards. There doesn’t seem to be any direct ties between this case and that grant program, so it likely stays in limbo, even if the Competitive Grant program restarts.

There is also a big concern that the Administration has recommended no funding for this program in next year’s budget, so the entire program could quietly die through lack of funding, even if NDIA prevails in this lawsuit.

There is a ray of hope here, and digital inclusion folks should continue to hope and should continue lobbying Congress to keep the funding alive and to press NTIA to make the awards. But I can’t foresee anything happening quickly, even if the Court clears this off its docket in August.

The Blueprint for Equitable Digital Participation

Today’s blog is about a report titled The Blueprint for Equitable Digital Participation that was sponsored by Public Knowledge, UnidosUS, and NDIA. It’s a lengthy report that takes a deep dive into issues related to digital inclusion and digital equity and looks at the problems experienced by homes that don’t have or can’t afford broadband.

The report is based on seven focus groups conducted in Colorado, Georgia, New Mexico, and Ohio. The focus groups included households with annual incomes no greater than $70,000, with many far below that. The focus groups were followed by a more detailed nationwide survey based on questions developed during the focus groups.

The report documents the same kind of findings that have come from many other sources. It’s worth reading the report just for the 60 footnotes that lead to a lot of other research in this area. The report documents the primary reasons why homes don’t have adequate broadband.

  • The issue for many unconnected homes is the ability to afford a monthly broadband subscription.
  • The focus groups included folks who settle for low-cost broadband alternatives that are too slow to meet household needs.
  • There were people in the focus groups who lived in places with no good broadband infrastructure.
  • There were focus group participants who have a hard time affording computers and devices to use the Internet.
  • A lot of folks admitted to not having the skills needed to use computers and navigate the Internet.

The report reached some key findings and recommendations.

  • The research found that many people without broadband have a sophisticated understanding of what they need to use broadband, but face systematic barriers to having a monthly broadband subscription.
  • Being on the wrong side of the digital divide compounds other challenges facing struggling households. Lack of broadband contributes to problems with housing stability, healthcare, employment, and education.
  • Programs to tackle the digital divide have to meet people where they live instead of being done at a statewide or county level.
  • The report concludes that the size of the monthly subsidy needed to get broadband into homes has to be around $40 per month. This could come from the Universal Service Fund or some other mechanism. The report concludes that this is enough to get broadband into most homes.
  • Federal broadband projects in the future should concentrate on network resiliency and ISP operational support, and not just on building infrastructure.
  • There needs to be federal or state support for broadband adoption programs for digital skills training, digital access, and culturally responsive digital training and digital navigation.

The conclusion of the report is worth thinking about: The digital divide is fundamentally about power and resource distribution. Closing it requires not just building infrastructure but ensuring people can actually benefit from networks through comprehensive adoption support, community ownership models, and policy frameworks that prioritize human dignity over corporate profits. The communities most affected by digital exclusion possess the wisdom to drive solutions—they just need the resources and power to implement them.

 

Broadband Shorts March 2026

The following are a few topics I found interesting but which are two short to need a full blog.

Acquisitions Changing the Broadband Landscape. We’ve recently seen the closing of a number of major mergers and sales that are changing the broadband landscape.

  • On January 20, the sale of Frontier to Verizon closed. This $20 billion blockbuster sale brought 2.2 million fiber subscribers and eight million passings. Long-time followers of the industry are somewhat amused to see Verizon buy back millions of passings it sold to Frontier in the past.
  • On February 2, AT&T closed the sale of over 1 million fiber customers from Lumen, which brought four million fiber passings. This included customers in major markets like Denver, Seattle, Salt Lake City, Las Vegas, Minneapolis-St. Paul, Orlando, and Phoenix.
  • On March 10, the sale of Starry to Verizon closed. While bringing only 100,000 customers, the acquisition also brings Starry’s proprietary technology that uses 28/39 GHz millimeter wave spectrum to deliver wireless broadband, mostly to MDUs. The speculation is that Verizon will use the technology to expand to MDUs outside of its fiber footprint.
  • The huge merger between Charter and Cox Communications is still pending. The merger recently got approved by the FCC and still needs approval from several states. Cox would bring around 6 million broadband customers and 12 million passing to Charter, making the combined company the largest ISP in the country.
  • GFiber just announced a merger with Astound Broadband that would spin GFiber from Google Alphabet.

Action in the NDIA Suit. The U.S. Department of Justice sought to dismiss the lawsuit filed by the National Digital Inclusion Alliance (NDIA) that challenged the administration’s refusal to disperse the grant funding approved by Congress from the Digital Equity Act. These grants were aimed at tackling digital inclusion efforts that included bringing broadband devices to those that need them, training people how to use computers and broadband, and training for broadband-related jobs. The NDIA suit was first filed in early October 2025. I note the DOJ motion since the agency has had a low success rate in defending executive actions that killed various other federal grants. I think there is still a chance that this funding will eventually be awarded as intended.

AI Fueling Surge in Deepfake Spam. Hiya, a service that provides apps to block spam calls, released its State of the Call 2026 report, which says that AI is fueling an increase in spam calls. A survey of over 12,000 consumers across the  U.S., UK, Canada, France, Germany, and Spain showed a rise of deepfake calls, which use AI to mimic voices that are familiar to those being called. One in four Americans said they received a deepfake voice call in the last year. Americans said by nearly 2-to-1 that spammers are winning the battle over the FCC, which is trying to squelch spam calls.

AT&T Partnership with Amazon. AT&T, Amazon Web Services (AWS), and Amazon Leo announced a broadband collaboration this week that integrates AT&T into the AI and cloud capabilities of AWS. AT&T will become the preferred vendor to provide connectivity to AWS data centers. Amazon LEO has an existing arrangement with Verizon to bring fiber to ground stations, and it will be interesting over time to see if that business shifts to AT&T.

AT&T will partner with Amazon Leo to provide satellite broadband connectivity to some AT&T broadband customers. This is an interesting solution that could help AT&T more easily walk away from rural copper networks. AT&T also wants to bring satellite backup broadband to AT&T business customers.

NDIA Sues Over Digital Equity Act

The National Digital Inclusion Alliance (NDIA) is suing the Trump administration for cancelling the funding for the Digital Equity Act. The Digital Equity Act was created by the same IIJA legislation that created the BEAD grants. The Digital Equity Act included programs to help States expand digital literacy and address barriers to accessing the internet.

The lawsuit alleges that President Trump violated the separation of powers by killing a program that had explicitly been approved and funded by Congress. The lawsuit claims that shutting down the federal program “far exceeds the constitutional authority of the Executive Branch.” NDIA is asking the court for a declaratory judgment that would reinstitute the program. NDIA was one of the many organizations that had been awarded funding from the first round of grants from the program in late 2024.

There were huge delays in deploying the funding from the Digital Equity Act, which must be laid at the feet of NTIA. The State Digital Equity Capacity Grant Program was established to give money to States to distribute through grants. The stated goal of this grant program was to promote the achievement of digital equity, support digital inclusion activities, and build capacity for efforts by States relating to the adoption of broadband. The Act allocated $1.44 billion to the States for this program, with awards to be made each year from 2022 through 2026. The NTIA was extremely slow in getting this program running and in 2024 announced $840 million in funding to States to cover grants that were intended to cover the funding from 2022 through 2024.

The other major grant program was the Digital Equity Competitive Grant Program, which was administered directly by NTIA. The budget for this grant program from IIJA was $1.25 billion, with $250 million per year to be awarded from 2022 until 2026. Congress liked the program so much that they added an additional $250 million in 2024. NTIA was also slow in launching this program and finally announced the first Notice of Funding Opportunity for grants in 2024.

If NTIA had followed the requirements and timeline specified by Congress, over half of the funding would have been spent by 2024. Instead, because of the inexplicable delays, the White House killed all of the grants announced in 2024, and none of this funding has ever been used.

This is not the first lawsuit that asks that the federal government fulfill funding for programs approved by Congress but killed by the current administration. For example, twenty States filed a lawsuit in June asking the courts to reinstate a wide range of grant programs. The NDIA suit is unique in that it’s the first suit that directly names President Trump as one of the defendants.

There was a lot of speculation when the Digital Equity Act was killed that it was part of an effort by DOGE to kill any federal program related to diversity and equity (DEI). While the title of the program includes the word equity, digital equity has never had any goal of addressing issues related to age, sex, or gender. Digital equity has been used in the context that the U.S. economy will be improved if more people know how to take advantage of computers and broadband. The only slight nod to any social goal in the Act was that 5% of the funding was carved out for Tribes.

The future of the funding is now in the hands of the courts. It is also seeming more likely that there will be similar suits if NTIA decides not to award the non-deployment funds from the BEAD program to States. That funding was intended for States to tackle non-infrastructure programs related to broadband.

Will Congress Fund the ACP?

The clock is ticking on the Affordable Connectivity Program (ACP). Current estimates show the program may run out of funding as soon as the end of the first quarter in 2024, ten months from now. The ACP provides a $30 monthly discount to eligible households and up to a $75 monthly discount to households residing on Indian reservations. The program started with a little over 9 million households at the start of 2022, and in March 2023 was up to over 18 million enrollees. You can see the enrollment statistics on this website.

The only solution for keeping ACP operating is for Congress to refill the ACP funding bucket somehow. This topic was discussed at the recent House oversight hearings on broadband. Angela Siefer of NDIA (National Digital Inclusion Alliance) testified at that hearing and said that reauthorizing ACP was one of the biggest broadband issues on the plate for Congress. She talked about the many gains that have been made in getting broadband to low-income homes.

ACP was not created through a normal budget appropriations bill but was funded by $14.2 billion from the Infrastructure Investment and Jobs Act (IIJA). There was also rollover funding of $2.2 billion added from the previous Emergency Broadband Benefit program that had been funded by the CARES Act. That was a one-time funding event, and that means specific legislation is needed to keep the program running.

There has been talk of moving the responsibility of the ACP to the FCC’s Universal Service Fund. But that would mean the agency would have to find a new way to pay for it. The current fees levied on Internet telecommunications are not nearly large enough to absorb the ACP obligations. Congress has already been considering ways to eliminate the FCC’s Lifeline fund, so the FCC might not be a politically viable solution.

Big ISPs are in favor of the ACP. The largest recipient of the funding is Charter, and Comcast is the fourth largest. One of the things that makes it harder to continue the funding for ACP is that eleven of the top fifteen recipients of ACP are wireless carriers. There is some concern that there is fraud embedded in the claims of some of these companies, which gives ammunition to those who don’t want to see the subsidy continue.

For ISPs, one of the biggest issues that will arise from the end of the ACP is that the upcoming BEAD grants require ISPs to have a low-income plan. Most ISPS have been pointing to the ACP as their low-income solution. But if the ACP expires, ISPs will have to develop a self-funded discount plan in order to win grant funding.

Anybody who has been watching Congress this year understands the challenge of getting a divided Congress to agree to continue funding a subsidy program. Many DC pundits are convinced that there will be very little bipartisan legislation passed in 2023 and 2024. There has been a lot of recent effort aimed at getting more folks enrolled in ACP – but that effort will mean very little in the long run if the program runs out of money.

Broadband Redlining

The National Digital Inclusion Alliance (NDIA) recently asked the FCC to investigate the practice of digital redlining, where big ISPs only bring the best technology to more affluent neighborhoods while ignoring poor ones.

The NDIA has statistics to back up it’s claims. They used the FCC’s data in 2017 to look in detail at how AT&T had deployed DSL in Cleveland. Years ago, AT&T deployed the first generation of DSL almost everywhere in the market. However, the company became far more selective in where they upgraded to faster DSL.

NDIA mapped where AT&T had deployed VDSL and later DSL technologies in Cleveland and found that the company had deployed faster DSL mostly in affluent neighborhoods and in the suburbs while leaving older downtown neighborhoods with the older DSL. VDSL offers speeds of at least 18 Mbps, up to nearly 50 Mbps when deployed using two copper pairs. NDIA found that the 55% of the census blocks in downtown Cleveland still had DSL speeds of 6 Mbps or less while 22% had speeds below 3 Mbps, with some as slow as 768 Kbps. It’s likely that AT&T marketed all versions of DSL the same, advertising ‘up-to’ speeds that described the fastest product in the market.

The AT&T deployment in Cleveland is not an isolated incident and the same is true in communities across the country. It’s not just AT&T that’s done this and Verizon deployed its fiber FiOS product in a similar manner and largely ignored northeast downtowns in favor of serving suburbs. We also tend to think of cable company networks being deployed ubiquitously in cities, but there are pockets in every major city that don’t have cable broadband.

In the industry this practice is generally referred as cherry-picking. It means deploying a new network in the places where the costs are lower or the expected penetration rates are higher – and ignoring the parts of a market that don’t fit a desired financial profile.

Historically the big telcos weren’t allowed to cherry-pick or redline. AT&T was still largely a regulated company when the first DSL was deployed. But the trend over time to deregulate telephone providers has led to laxer regulation, and obviously in Ohio and many other states the telcos were not required to build later generations of DSL everywhere.

One of the reasons we see so much cherry-picking is that many states have adopted statewide cable franchising. Cable franchises were historically negotiated in each community, and cities insisted that a cable provider build to the whole community as a condition for getting a franchise. However, AT&T and other broadband companies lobbied hard for statewide franchising rules, using the storyline that they wanted to deploy fast DSL to bring cable service. The statewide franchises generally give a cable provide the ability to build anywhere in a state. The telcos argued that the cost of negotiating with every community was killing innovation and deployment of faster broadband. What these companies really wanted was the ability to cherry-pick with no obligation to serve whole communities.

The practice of cherry-picking is still common today and most commercial fiber overbuilders engage in it to some degree. Most overbuilders have limited financial resources and they deploy fiber or other broadband technologies in those places where they get the best return for their investment. Many communities have seen fiber built to businesses and to new subdivisions while ignoring the rest of the town.

It’s hard to fault s smaller fiber overbuilder for maximizing the return on their fiber investment. On the flip side, there are few communities that don’t want fiber everywhere. However, most communities are realistic and know that if they always insist on getting fiber everywhere they might not get it anywhere.

Communities that really care about good broadband everywhere are the ones that are building fiber themselves or trying to attract a partner that will build the whole community. However, there are numerous states that hinder or prohibit communities from building broadband networks, and many other cities find the costs to build new networks to be prohibitive. The majority of communities must rely on the good behavior of the incumbents, and unfortunately they don’t always do the right thing.