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Critics Cite Sohn Opposition

White House Gets Mixed Reaction to ISPs' Affordable Broadband Plans Commitment

The Biden administration’s Monday announcement (see 2205060046) that 20 ISPs committed to offer low-income households broadband plans with download speeds of at least 100 Mbps at no more than $30 per month got a mixed reception among communications policy stakeholders. All of the participating ISPs -- which include Altice, AT&T, Charter, Comcast, Cox, Frontier, Mediacom and Verizon -- were already part of the FCC’s affordable connectivity program that subsidizes qualifying households’ broadband up to $30 per month. The White House said the participating ISPs cover more than 80% of the U.S. population.

This is a case where big business stepped up,” President Joe Biden said at an event to announce the ISP commitments. “My top priority is fighting inflation” and “today’s announcement is gonna give millions of families … a little more breathing room to pay their” bills. “We made sure there would be no hidden fees, no tricks” in the broadband plans and “it’s going to change people’s lives from rural Appalachia to Brooklyn to the Black Belt,” Biden said. “This is a great example of what we can achieve when the federal government and the private sector work together to solve serious problems.”

Vice President Kamala Harris connected the ISPs’ commitments with ACP’s progress thus far. “Through this program, if a member of your household receives [Supplemental Nutrition Assistance Program] benefits, Medicaid, free or reduced-price school lunch, or a number of other programs, or if your household makes below a certain income, then you are eligible to receive a discount on your monthly Internet bill of $30 a month or $75 a month if you live on tribal lands,” she said. “Altogether, nearly 40% of American households are eligible for this important program." The total number of enrolled households neared 11.72 million Monday, the Universal Service Administrative Co. said.

The Biden administration launched GetInternet.gov in conjunction with the announcement to provide information on signing up for ACP. The administration also said it will use the Social Security Administration and other federal agencies to communicate with the public about ACP and $65 billion in broadband money from the Infrastructure Investment and Jobs Act.

Verizon committed to making its Fios plan available at $30 for speeds of at least 200 Mbps. Charter doubled its speed for its $30 monthly plan with download speeds of 100 Mbps. AT&T CEO John Stankey said the ISP's up to 100 Mbps plan will be fully subsidized. Mediacom Chairman-CEO Rocco Commisso said the ISP is also making its 100 Mbps download plan available for the full subsidy. Comcast is "committed to making ACP available to all our eligible internet customers," said CEO David Watson. He said the ISP’s Internet Essentials Plus plan is "free to all who qualify."

The ISPs’ plans are “certainly a step in the right direction,” though “there’s no one-shot solution to the digital divide,” said Schools, Health & Libraries Broadband Coalition Executive Director John Windhausen in an interview. “There have to be an array of different efforts to make broadband affordable, to get the word out, to help people understand the importance of broadband and how to use it. Schools and libraries need more resources through” the FCC’s emergency connectivity fund “in order to continue their efforts.”

Several groups praised Monday's announcement, including Benton Institute for Broadband & Society, Connect Americans Now, ACA Connects and NCTA. “Small competitive” ISPs “have been at the forefront of helping Americans get better, faster internet service at prices they can afford,” said former FCC acting Chairwoman and Incompas BroadLand co-Chair Mignon Clyburn: “We are thrilled the White House has partnered with two Incompas members.”

The Electronic Frontier Foundation and others criticized the ISPs' plans. “Promises that are nonbinding are relatively meaningless,” said EFF Senior Legislative Counsel Ernesto Falcon in an interview. “There’s nothing really enforcing this. It’s just a promise at the end of the day by companies who have been found to have misled people many times,” as evidenced by the FTC’s proposed $8.5 million fine against Frontier on a complaint in the U.S. District Court for the Central District of California claiming the ISP misled customers about internet speeds (see 2205050054). “The infrastructure that limits the speeds offered in poor peoples’ neighborhoods hasn’t changed at all,” he said. “Until you require these companies to upgrade equally their infrastructure … no amount of subsidies are going to mean anything.”

Several groups faulted the White House for seeking the participation of ISPs that have been hostile to FCC nominee Gigi Sohn, whose confirmation process remains stalled in the Senate (see 2205050050). At least three Democratic senators -- Catherine Cortez Masto of Nevada, Mark Kelly of Arizona and Joe Manchin of West Virginia -- remain undecided on the nominee. All 50 Democratic caucus members will likely need to back Sohn to counter what’s expected to be uniform GOP opposition.

Free Press is "grateful that the White House continues to prioritize internet affordability,” but some of the ISPs in attendance "are sabotaging President Biden's FCC even as they pose for today's photo op,” said Vice President-Policy and General Counsel Matt Wood. “Instead of applauding corporations that continue to fail families needing to stay connected,” Biden “should be applying pressure to Senate leadership to confirm” Sohn, said MediaJustice Executive Director Steven Renderos.

Windhausen and National Digital Inclusion Alliance Executive Director Angela Siefer asked Biden Monday to more actively urge the Senate to support Sohn. “While the vote to confirm her nomination must be made in” the Senate, “many” senators “look to the White House for leadership on Ms. Sohn’s nomination,” Siefer and Windhausen wrote Biden. “The FCC cannot move forward on several significant public interest issues until” the Senate confirms Sohn, including a USF revamp, “the success of” ACP and “impactful rulemaking on digital discrimination. In short, the Biden Administration’s stated goal of ensuring affordable broadband for all and solving the digital divide is in jeopardy unless Ms. Sohn is confirmed in the near future.”