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Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4419
<br /> restrictive because some urban households with low broadband affordable access to broadband service,
<br /> jurisdictions are already mostly or adoption rates. or lack of reliable broadband service.
<br /> entirely covered by a network with at Commenters suggested additional Recipients are encouraged to prioritize
<br /> least 25/3 Mbps speeds yet lack factors to be incorporated in the projects that are designed to provide
<br /> widespread broadband adoption for consideration of locations that are service to locations not currently served
<br /> various reasons. Commenters suggested eligible to be served.Many commenters by a wireline connection that reliably
<br /> that recipients would benefit from suggested that affordability should be delivers at least 100 Mbps of download
<br /> greater flexibility to provide necessary considered a key factor when speed and 20 Mbps of upload speed,as
<br /> investments in broadband access in determining whether a community has many commenters indicated that those
<br /> areas that are nominally covered by access to broadband, as the presence of without such service constitute hard-to-
<br /> speeds of at least 25/3 Mbps,such as to 25/3 Mbps service does not necessarily reach areas in need of subsidized
<br /> provide affordable broadband access in mean the service is financially broadband deployment.
<br /> low-income areas or to address service accessible to the areas residents. Households and businesses with an
<br /> quality and reliability issues. Further, Commenters noted that surveys indicate identified need for additional
<br /> commenters argued that Treasury's that affordability,not lack of coverage, broadband infrastructure investment do
<br /> requirement that new projects meet is the most significant barrier for most not have to be the only ones in the
<br /> minimum reliable speeds of 100 Mbps Americans who do not have robust service area served by an eligible
<br /> symmetrical was inconsistent with the broadband service in their households. broadband infrastructure project.
<br /> requirement that broadband Some advocated that the final rule allow Indeed, serving these households and
<br /> infrastructure projects focus on those for investments in areas with existing businesses may require a holistic
<br /> with access to significantly lower reliable wireline access at or above approach that provides service to a
<br /> speeds, and further noted that several 25/3 Mbps as long as existing broadband wider area,for example,in order to
<br /> states have already expanded the focus service has been unaffordable for a make ongoing service of certain
<br /> certain segment of the population; households or businesses within the
<br /> of their broadband programs beyond those without reliable access to speeds others advocated that Treasury presume service area economical.
<br /> eligibility when investments are made Consistent with further guidance
<br /> of 25/3 Mbps. Commenters argued that in certain areas, such as Qualified issued by Treasury,338 in determining
<br /> if the limitation to unserved and Census Tracts or neighborhoods with areas for investment,recipients may
<br /> underserved households and businesses persistent poverty, or are made by Tribal choose to consider any available data,
<br /> were maintained,the definition of governments. Separately, some including but not limited to
<br /> unserved and underserved households commenters noted that Treasury should documentation of existing broadband
<br /> and businesses should be revised to provide more clarification on what internet service performance,federal
<br /> include households and businesses constitutes a"reliabl[e]" connection, and/or state collected broadband data,
<br /> currently served by higher standards. including providing details as to user speed test results,interviews with
<br /> Commenters proposed a number of latency,jitter,and other technical community members and business
<br /> alternative cutoff speeds,including 25/ specifications that would meet that owners,reports from community
<br /> 25 Mbps, 50/10 Mbps, and 100 Mbps symmetrical. Others expressed support standard,and what it means for certain organizations, and any other
<br /> technologies,such as copper and other information they deem relevant.
<br /> for providing flexibility for recipients to outdated technologies,to be deemed In evaluating such data,recipients
<br /> make their own determination on presumptively unreliable. may take into account a variety of
<br /> eligible areas for investment. These Other commenters supported the factors,including whether users
<br /> commenters referenced studies interim final rule's approach on eligible actually receive internet service at or
<br /> indicating that 25/3 Mbps is inadequate areas for investment or suggested above the speed thresholds at all hours
<br /> for today's modern household or tightening eligibility even further. They of the day,whether factors other than
<br /> business needs. argued that higher speed thresholds speed such as latency,jitter, or
<br /> Some commenters advocated for beyond 25/3 Mbps would likely lead to deterioration of the existing connections
<br /> unserved and underserved areas to be investments in or building of new make their user experience unreliable,
<br /> prioritized while providing flexibility broadband infrastructure in areas and whether the existing service is
<br /> for recipients to serve areas beyond already served by broadband at speeds being delivered by legacy technologies,
<br /> those designated as unserved or these commenters considered sufficient; such as copper telephone lines
<br /> underserved.Reflecting the perceived these areas,commenters suggested,are (typically using Digital Subscriber Line
<br /> restrictiveness of the interim final rule less in need of federal assistance and technology) or early versions of cable
<br /> approach, some commenters asked for permitting investments here could system technology(DOCSIS 2.0 or
<br /> assurance that projects conducted under divert funding away from rural areas to earlier),339 and other factors related to
<br /> other categories of SURF eligible uses, more densely populated areas.
<br /> specifically to respond to the public Treasury Response:The final rule 338 See FAQ 6.11.Coronavirus State and Local
<br /> health and negative economic impacts expands eligible areas for investment by Fiscal Recovery Funds,Frequently Asked
<br /> of the pandemic under sections p requiring recipients to invest in projects Questions,
<br /> me.treasur�f July ov/s s9em/�les/1 s/SLFRPFA d.
<br /> p _ _ designed to provide service to 339 Legacy technologies�ch as co copper telephoneQ
<br /> 602(c)(1)(A) (C) and 603(c)(1)(A) (C), g ypp
<br /> were not barred by the presence of 25/ households and businesses with an lines(typically using Digital Subscriber Line
<br /> identified need for additional technology)and early versions of cable system
<br /> 3 Mbps service,including"gap broadband infrastructure investment. technology(DOCSIS 2.0 or earlier)typically la on
<br /> networks,"which are networks yp y g
<br /> Recipients have flexibility to identify a speeds,latency,and other factors,as compared to
<br /> designed to offer low-cost or no-cost more modern technologies like fiber-optic.See,e.g.,
<br /> internet access for lower-income need for additional broadband https://www.fcc.govlsitesldefaultlfilesltech—
<br /> infrastructure investment:Examples of transitions network upgrades_that_may_affect
<br /> need include lack of access to a your service.pdf(comparing copper to fiber and
<br /> Mbps upload speeds."100 Mbps"symmetrical connection that reliably meets or noting that copper wire networks have"limited
<br /> refers to broadband infrastructure that is designed speeds,"are"susceptible to signal interference/
<br /> to reliably meet or exceed at least 100 Mbps exceeds symmetrical 100 Mbps loss,"and have a"relatively short life");https://
<br /> download speeds and 100 Mbps upload speeds. download and upload speeds, lack of Continued
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