In recent weeks NTCA has continued to advocate for changes to the FCC’s EA-CAM Process. As discussed here in the past (see ICORE Blog dated 10/19/23), NTCA filed a Petition for Reconsideration (PFR) with the Commission proposing changes to several aspects of the EA-CAM Rules. One area discussed in the PFR was the broadband deployment milestones established in the EA-CAM Order (Order). The Order, purported to align with the BEAD Program, requires the delivery of 100/20 broadband service to 50% of required locations by the end of 2026, 75% by the end of 2027, and 100% by the end of 2028. In the PFR NTCA asserted that the BEAD Program Timeline is not expected to require 100% deployment of 100/20 broadband service to required locations until 2030 and requested that Commission modify the EA-CAM Rules accordingly. The PFR proposed a change in the deployment schedule to better align with the Bead Program. NTCA’s proposal recommends 25% deployment by the end 2026, 50% by the end of 2027, 75% by the end of 2028, and 100% by the end of 2029 with a one-year extension where required.
In the ensuing months, NTCA has continued its advocacy for changes to the broadband service deployment schedule. In that regard, on July 8, 2024, NTCA had ex-parte discussions with the Commission regarding the deployment milestones. Again, citing the Commission’s stated objective of aligning the EA-CAM deployment milestones with the BEAD Program, NTCA asserts that the passage of time since the adoption of the Order has only reaffirmed that the BEAD Program will take longer to bring 100/20 broadband service to many Americans than the 2028 deadline established in the Order. NTCA points out that given the long-term nature of capital planning and the monumental effort required to deploy broadband service to 100% of unserved locations in rural areas, it is critical that the Commission revisit and establish more reasonable deployment milestones as soon as possible.
In addition to the comments described above regarding the deployment schedule, NTCA also addressed the concerns expressed in the PFR regarding the determination of the presence of unsubsidized competition. NTCA reiterated its concerns regarding the use of BDC data as dispositive regarding unsubsidized competitors and urged the Commission to improve the challenge process and to implement a mechanism that considers the realistic capacity of unsubsidized competitors to provide required services universally.
