COVID-19 and Broadband Internet: Historic Government Funding in the Wake of a Global Pandemic Poised to Bridge the Digital Divide

Authors

Kaitlin M. Kroll

Abstract

The COVID-19 pandemic impacted how Americans live, work, and learn. As the country returns to normalcy, reliable, fast internet connection is critical for Americans it is no longer a luxury, it is a necessity. While many Americans do not think twice about having internet connectivity, there are still many Americans who are unable to access or afford the internet, especially in rural communities and low-income households. In the wake of the pandemic, Congress allocated historic amounts of funding for broadband initiatives. The most substantial of which are the broadband allocations under the Infrastructure Investment and Jobs Act ("IIJA'). While the government charged the National Telecommunications and Information Administration ("NTIA") with administering the funding to the states, the Federal Communications Commission ("FCC') is the agency traditionally tasked with this job. Between the two agencies, there are different frameworks on how to administer the funds. The FCC has championed a reverse auction framework, while the NTIA uses a bidding application and grant process to distribute the funds directly to state and local governments.

Through review of two previous initiatives for broadband development, this Article argues that the implementation of the auction framework traditionally employed by the FCC is more effective than the NTIA's grant process for the IIJA funding. The Article also reviews shortcomings of the auction framework but proposes potential solutions to those challenges in order to deploy broadband initiatives while still generating excess revenue. While the NTIA does employ the grant process, it may still be possible to implement a powerful tool the auction moving forward. IIJA provides throughout that the NTIA should act in consultation with the FCC. The FCC has experience in deployment of government funding of this magnitude and can provide invaluable guidance not only to the NTIA but even to the states as they begin to spend the government dollars. As the agencies move forward with their various broadband projects, learning from past successes and mistakes is crucial for future success.

First Page

283

Recommended Citation

Kaitlin M. Kroll, COVID-19 and Broadband Internet: Historic Government Funding in the Wake of a Global Pandemic Poised to Bridge the Digital Divide, 61 Duq. L. Rev. 283 (2023).
Available at: https://dsc.duq.edu/dlr/vol61/iss2/7