Agenda - Council Work Session - 03/08/2022

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4420 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations the services to be provided by the usage needs and that such high complete,340 while providing flexibility project. In addition,recipients may standards may have the potential to for certain locations to meet lower speed consider the actual experience of slow down expansion to unserved or standards where 100 Mbps symmetrical current broadband customers when underserved rural areas. Some argued speeds are impracticable. making their determinations;whether that setting this symmetrical threshold To illustrate the accelerating need for there is a provider serving the area that may limit the type of technologies that higher upload speeds,by one measure, advertises or otherwise claims to offer can be used,thereby decreasing mean upload speeds as of October 2021 broadband at a given speed is not competition and limiting flexibility to increased to 75.21 Mbps as compared to dispositive. recipients whose communities might be 62.11 Mbps a year earlier.341 Build-To Speed Standards better served by technologies such as Jurisdictions are increasingly p wireless solutions or inexpensive gap responding to the growing demands of The interim final rule provided that a networks. Commenters suggested their communities for high speeds; for recipient may use funds to make alternate minimum speeds,ranging from example,Illinois requires 100 Mbps investments in broadband infrastructure 25/3 Mbps (which some argued best symmetrical service as the construction that is designed to,upon completion, balances reaching all communities and standard for their state broadband grant reliably meet or exceed symmetrical 100 maximizing the impact of federal funds) programs. The 100 Mbps symmetrical Mbps download and upload speeds. In to 100/20 Mbps (which some argued standard accounts for increased cases where it is not practicable, best serves the typical broadband usage pandemic internet usage and provides because of the excessive cost of the patterns of households and businesses, adequate upload speeds for individuals project or the geography or topography including new pandemic-driven needs). and businesses to accommodate of the area to be served by the project, A few commenters suggested a higher interactive applications such as virtual eligible projects may be designed to minimum speed, such as gigabit speeds, learning and videoconferencing,while reliably meet or exceed 100 Mbps advocating that such speeds were also helping ensure that funding is download speed and between at least 20 necessary for a network to last at least responsibly used to provide a true and Mbps and 100 Mbps upload speed, so a decade. lasting benefit for years to come. long as it is scalable to a minimum of Many commenters supported the Treasury continues to encourage 100 Mbps download speed and 100 interim final rule's lower speed recipients to prioritize investments in Mbps upload speed.Relatedly,Treasury standards for projects where it is fiber-optic infrastructure wherever in the SUPPLEMENTARY INFORMATION to impracticable to meet minimum reliable feasible, as such advanced technology the interim final rule encouraged speeds of 100 Mbps symmetrical,as it enables the next generation of recipients to prioritize investments in provides flexibility for recipients to application solutions for all fiber-optic infrastructure wherever invest in hard-to-reach areas, such as communities and is capable of feasible and to prioritize projects that those in mountainous regions. A few delivering superior,reliable achieve last-mile connections. commenters indicated that Treasury performance and is generally most Public Comment:Many commenters should more clearly define the efficiently scalable to meet future discussed the advantages of setting characteristics of a location eligible for needs.342 In designing these projects, minimum symmetrical download and this exception. Some indicated that the recipients should ensure that the upload speeds of reliable 100 Mbps as minimum standard for all new projects broadband infrastructure provides the speed threshold for new projects. should be 100 Mbps symmetrical.In "reliable" service at required speeds Some commenters indicated support for contrast,others argued that scalability to and are not required to rely on the interim final rule's standard as it 100 Mbps symmetrical should not be a providers' advertised speeds in their takes into account growing demands on requirement to meet today's demands, assessments. internet use resulting from pandemic particularly in hard-to-reach areas. Consistent with further guidance broadband usage and suggested that Some commenters requested that issued by Treasury,343 while recipients such a standard will help to ensure that Treasury clarify eligibility for middle- are permitted to make investments in networks built with SURF funds mile projects as these projects "middle-mile" connections that remain valuable for years to come,even potentially provide connectivity to far- otherwise satisfy the requirements of the as demands continue to accelerate, reaching areas,while other commenters final rule,Treasury continues to particularly on upload speeds. Some suggested that last-mile projects encourage recipients to focus on also indicated that the interim final rule generally require more capital standard has the effect of prioritizing investment and are therefore most in 340 Using the Federal Communications need of government support. Commission(FCC)Broadband Speed Guide,a the use of fiber-optic infrastructure to Treasury Response:The final rule household with two telecommuters and two to deliver such speeds,which some noted , three remote learners today is estimated to need 100 was a"gold standard"future-proof maintains the interim final rules Mbps download to work simultaneously.See technology, although some commenters requirement that eligible projects be Federal Communications Commission,Broadband designed to,upon completion,reliably Speed Guide,available at https://www.fcc.govl noted that other technologies like fixed meet or exceed symmetrical 100 Mbps consumers/guides/broadband-speed-guide(last wireless have been shown to deliver download and upload speeds,with the visited October 28,2021). such speeds in certain circumstances. United States Mobile and Broadband Internet Other commenters suggested that 100 interim final rule s exception for Speeds—Speedtest Global Index,available at Mbps symmetrical speeds were projects where it is impracticable to https://www.speedtest.net/global-index/united- unnecessar given current broadband build to such speeds due to excessive states#fixed. y g cost,geography,or topography of the 342 Bennett Cyphers,The Case for Fiber to the Home,Today:Why Fiber is a Superior Medium for area to be served by the project. Given 21st Century Broadband,Electronic Frontier data.fcc.gov/download/measuring-broadband- y americal202Ol2O2O-Fixed-Measuring-Broadband- the build time associated with Foundation(October 16,2019),https://www.eff.orgl America-Report.pdf(comparing fiber with DSL and broadband infrastructure projects,these wp/case fiber-home-today-why fiber-superior- cable technologies on a number of dimensions); standards will enable SURF funds to medium-21st-century-broadband. https://www.eff.o.rglwplcase-fiber-home-today-why- 343 See FAQ 6.10,Coronavirus State and Local fiber-superior-medium-21st-century-broadband fund lasting infrastructure that will be Fiscal Recovery Funds,Frequently Asked (providing a technical background comparing fiber able to accommodate increased network Questions,as of July 19,2021;https:// technology to other legacy technologies). demand once the network is home.treasury.gov/system/files/136/SLFRPFAQ.pdf.