Agenda - Council Work Session - 03/08/2022

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4418 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations few others argued that the interim final Federal Communications Commission's 200.471 and clarifies that modernization rule should remain technology-neutral (FCC)Affordable Connectivity Program of cybersecurity for existing and new and that lower speed standards would (ACP), or otherwise provide access to a broadband networks are eligible uses of be more appropriate for today's usage broad-based affordability program to funds under sections 602(c)(1)(D) and needs. low-income consumers in the proposed 603(c)(1)(D). Summary of Treasury Response:In service area of the broadband Finally,this Supplementary response to the comments,the final rule infrastructure that provides benefits to Information to the final rule expands eligible areas for investment by households commensurate with those incorporates and confirms guidance requiring recipients to invest in projects provided under the ACP. issued by Treasury following the designed to provide service to Treasury also recognizes the interim final rule regarding middle-mile households and businesses with an importance of affordable broadband projects,333 pre-project development identified need for additional access for all consumers beyond those costs,334 broadband connections to broadband infrastructure investment, that are low-income.As part of their schools or libraries,335 and applicability which would include but not be limited project selection process,recipients are of the National Environmental Policy to a lack of broadband service reliably encouraged to consult with the Act(NEPA)and Davis-Bacon Act.336 delivering certain speeds. In addition,as community on the general affordability The remainder of this section discussed further below,the final rule needs of the target markets in the provides additional details on the final further supports the expansion of proposed service area.Additionally, rule. Specifically,these sections affordable access to broadband service recipients are encouraged to require that address: (1)Eligible areas for for households by requiring that services provided by a broadband investment; (2)build-to speed recipients use a provider that infrastructure project include at least standards; (3) affordability; (4)public participates in a qualifying affordability one low-cost option offered without networks; (5) duplication of efforts and plan. Treasury encourages recipients to data usage caps and at speeds that are resources; (6) cybersecurity;and(7)use prioritize projects that are designed to sufficient for a household with multiple of funds to meet non-federal match provide service to locations not users to simultaneously telework and under the Infrastructure Investment and currently served by a wireline engage in remote learning.Recipients jobs Act. connection that reliably delivers at least will be required to report speed,pricing, 100 Mbps of download speed and 20 and any data allowance information as Eligible Areas for Investment Mbps of upload speed. part of mandatory reporting to Treasury. The interim final rule limited eligible The final rule maintains the interim The final rule also clarifies that broadband investments to projects final rule's requirement that eligible subsidies to households and focused on delivering service to projects be designed to,upon communities impacted by the pandemic unserved or underserved locations, completion,reliably meet or exceed to access the internet,broadband defined as households or businesses symmetrical 100 Mbps download and adoption programs, digital literacy that lack access to a wireline connection upload speeds.As was the case under programs,and device programs are capable of reliably delivering at least the interim final rule,in cases where it eligible programs to respond to the minimum speeds of 25 Mbps download is not practicable,because of the public health and negative economic and 3 Mbps upload. This targeted excessive cost of the project or impacts of the pandemic under sections approach was generally consistent with geography or topography of the area to 602(c)(1)(A) and 603(c)(1)(A). See certain speed thresholds used in other be served by the project, eligible section Assistance to Households in federal programs to identify eligible projects may be designed to reliably Negative Economic Impacts. areas for federal investment in meet or exceed 100 Mbps download Treasury continues to encourage broadband infrastructure,such as the speed and between at least 20 Mbps and recipients to prioritize support for FCC's Rural Digital Opportunity Fund 100 Mbps upload speed and be scalable broadband networks owned, operated (RDOF)program and the National to a minimum of 100 Mbps download by, or affiliated with local governments, Telecommunication and Information speed and 100 Mbps upload speed. nonprofits,and cooperatives. In Administration's (NTIA's)Broadband Treasury continues to encourage addition,to the extent recipients are Infrastructure Program,and generally recipients to prioritize investments in considering deploying broadband to aligns with the FCC's benchmark for an fiber-optic infrastructure wherever locations where there are existing feasible and to focus on projects that enforceable federal or state funding "advanced telecommunications capability" for wireline broadband will achieve last-mile connections, commitments for reliable service at whether by focusing directly on funding speeds of at least 100 Mbps download services. last-mile projects or by ensuring that speed and 20 Mbps upload speed, Public Comment.Many commenters discussed the disadvantages of such an funded middle-mile projects have recipients must ensure that SURF approach. Some commenters,including commitments in place to support new funds are designed to address an and/or improved last-mile service. identified need for additional several local government recipients, argued that limiting investments to The final rule requires recipients to broadband investment that is not met by address the affordability needs of low- existing federal or state funding locations without access to reliable income consumers in accessing commitments. Recipients must also wireline 25/3 Mbps 337 was too broadband networks funded by SURF, ensure that SURF funds will not be given that such a project cannot be used for costs that will be reimbursed by 333 See FAQ 6.10.Coronavirus State and Local Fiscal Recovery Funds,Frequently Asked considered a necessary investment in the other federal or state funding Questions,as of July 19,2021;https:// broadband infrastructure if it is not streams. Further,Treasury highlights home.treasury.gov/system/files/136/SLFRPFAQ.pdf. affordable to the population the project that recipients are subject to the 334 See FAQ 6.12.Id. would serve.Recipients must require prohibition on use of grant funds to 335 See FAQ 6.16.Id. the service provider for a completed procure or obtain certain 336 See FAQ 6.4,6.17.Id. broadband infrastructure investment telecommunications and video 337In the remainder of this Supplementary Information,"25/3 Mbps"refers to broadband project that provides service to surveillance services or equipment as infrastructure that is designed to reliably meet or households to either participate in the outlined in 2 CFR 200.216 and 2 CFR exceed at least 25 Mbps download speeds and 3