After a pro forma gain of about 4.86 million broadband subscribers on a COVID-19 “pandemic-related surge” in 2020, the top 96% of U.S. cable and wireline phone providers added 2.95 million net additional subscribers in 2021, reported Leichtman Research Group Monday. They added about 2.55 million in 2019. Of the total broadband providers at the end of 2021, cable had 75.7 million, led by Comcast’s 31.9 million, and wireline phone companies had 32.7 million, led by AT&T with 15.5 million. Charter added 1.2 million, ending the year with 30 million broadband subscribers; Cox added 150,000 for a total of 5.5 million. Verizon added about 236,000 subscribers for a total of 7.4 million. Altice, Century Link/Lumen, Frontier and Consolidated all shed broadband subscribers last year. Though the top broadband providers added “significantly fewer” subs last year vs. 2020, net adds in 2021 were higher than in each year from 2016-2019, Leichtman said.

New York’s affordable broadband law “regulates broadband rates” even though the state lacks authority, former FCC members Ajit Pai (R), Mike O’Rielly (R), Mignon Clyburn (D) and Jonathan Adelstein (D) told a federal court. The 2nd U.S. Circuit Court of Appeals received amicus briefs Wednesday supporting ISP associations that challenged the state law, enjoined by a lower court, that would require $15 monthly plans (see 2202230067). New York’s law “sets a price ceiling for two levels of broadband service … and price caps have been one of the main methods for regulating the rates charged for communications services in the United States,” the ex-commissioners wrote in case 21-1975. It may regulate rates only for New York households, but “this does not transform quintessential rate regulation into something else.” Broadband classification is irrelevant, the ex-commissioners said. “While much ink has been spilled debating whether broadband is an information service” regulated under Title I of the Communications Act or a telecom service under Title II, “that question does not determine the proper resolution of this case. Whatever the answer, broadband remains an interstate communications service, and broadband rates may not be regulated by state governments.” Lawful ways exist for states and the federal government to subsidize broadband for low-income households, the ex-commissioners added. One example is New York Gov. Kathy Hochul’s (D) $1 billion ConnectAll effort, which includes encouraging signups for the federal affordable connectivity program, they said. Others agreed. New York’s law “is not only preempted by federal law but unnecessary and counterproductive,” NCTA said. The Competitive Carriers Association said it “constitutes direct rate regulation of an interstate communications service.” The U.S. Chamber of Commerce, TechFreedom and Digital Progress Institute also urged the court to uphold the injunction by U.S. District Court in Central Islip, New York.

Maine Joint Energy, Utilities and Technology Committee members voted Thursday to table a bill to create a grant program to cover costs of signing up for satellite-based broadband. The vote came despite significant amendments introduced by a sponsor and a call during a committee hearing by its chairman, Sen. Mark Lawrence (D), that the legislature instead might want to give guidance to the Maine Connectivity Authority (MCA). SB-1107 as introduced, would establish a state grant program giving up to $500 to individual households in unserved and underserved areas of the state. After questions about lack of means testing and concerns about whether satellite service would meet the FCC's broadband definition, amendments introduced this week by Sen. Trey Stewart (R) strike language on use of satellite-based service and creates a definition for inadequately served areas. Stewart said the tech-neutral language recognizes that modes of broadband provision are changing rapidly. Rep. Seth Berry (D) said it's tough to envision a service aside from SpaceX's Starlink that would fit the grant even with the amendment. He also questioned the use of individualized grants rather than those targeting communities. ConnectMaine Authority Executive Director Peggy Schaeffer said the $500 amount "isn't that helpful" in covering last-mile costs. She urged the legislature to consider means testing for the grants. She also warned that the agency, with a small staff, has limited capacity to manage up to 2,000 grant applications. "This individual-type program would take a lot of work" to verify and track, she said. Rep. Steven Foster (R) said focusing on means testing is misguided since the state hasn't taken such an approach when subsidizing cable network extensions. "There has been a commitment made to get everyone connected ... at whatever cost," he said. Lawrence said with the state getting sizable federal money for connectivity efforts, now is the time to give state agencies legislative direction on what lawmakers' priorities are, such as a focus on the most un- or underserved and use of individualized grants. Stewart said he and MCA President Andrew Butcher will try to have proposed language ready for committee members by late next week.

The Utah legislature passed a broadband bill that would affect how the state will consider spending federal infrastructure dollars. The House voted 74-0 Wednesday for SB-214, which the Senate passed 27-9 last week. At a House Transportation Committee hearing Tuesday, Sen. Chris Wilson (R) said his bill would ensure coming federal dollars will be spent appropriately by setting up a commission of legislators, executive branch and other public sector officials to advise the Utah Broadband Center as it develops plans required by the federal infrastructure law. The committee cleared the bill unanimously by voice. In Virginia, the Senate voted 40-0 Tuesday for the House-passed HB-445 to direct the state housing department to study local and state policies and laws to spur broadband expansion in new residential and commercial development (see 2202280048). Also, the Senate voted 33-7 to concur with House changes to SB-716 to craft a broadband affordability plan.

Ohio published a state broadband map based on Ookla speed tests over a 15-month period, Lt. Gov. Jon Husted (R) said Tuesday. “The new mapping resource launched today is driven by customer data and will help us better pinpoint where we need to focus our funding, attention and efforts,” said Husted.

European telcos and internet companies are acting to help Ukraine after the Russian invasion, they said this week. EU Internal Market Commissioner Thierry Breton discussed the need to counter Russian state-sponsored disinformation with Netflix CEO Reed Hastings, who confirmed the company won't comply with new Russian obligations to stream 20 federal TV stations, according to a European Commission readout of the Tuesday call. The European Telecommunications Network Operators Association said Monday its members "are rolling out measures to ease communications and support people in distress." Measures so far include free international calls to Ukraine; free Wi-Fi in refugee camps; and distribution of SIM cards to refugees arriving in neighboring countries. For the time being, the war isn't likely to have a significant impact on European telcos or ISPs, emailed telecom consultant Innocenzo Genna: COVID-19 has been much more disruptive because of the increased traffic and the disruption of maintenance/repair supply chains. But he told us some European telecom operators may now face uncertainties when dealing with Russian clients such as carriers, banks and corporations: Can they continue to trade with them? Will the payment system supporting contracts continue? Is there an embargo on the horizon? The most important concern now is cyberwarfare, Genna said. Attacks may become more frequent and Russia itself is under attack by Anonymous. Western companies are realizing they may have a digital sovereignty problem with Russian services and products: The most controversial are Telegram (messaging) and Kaspersky (anti-filter). The latter, commonly used by European companies and public bodies, now risks being banned, he said. An ICANN spokesperson confirmed it received a letter from Ukraine asking it to ban Russia from the domain name system. The letter wasn't available on the ICANN website.

NTIA awarded more than $277 million of its $288 million broadband infrastructure program funded through the 2021 Consolidated Appropriations Act (see 2108240067) to 12 states and Guam, said the agency Friday. Funding will support last mile and middle projects to serve more than 133,000 unserved households. An additional grant for the remaining funding is in progress. Friday's announcement is "an incredible opportunity for American businesses and will make our country more competitive globally," said Commerce Secretary Gina Raimondo. NTIA is "eager to work closely with the grant recipients," said Administrator Alan Davidson. Maine Gov. Janet Mills (D) said the ConnectMaine Authority's more than $28 million grant for last mile deployment will "help us make progress" on connecting all state residents to "reliable internet" by the end of 2024. Nevada Gov. Steve Sisolak (D) also applauded the state Commerce Department's $7.3 million grant.

A Hawaii digital equity bill cleared two Senate committees at a joint meeting Thursday. The Commerce Committee voted 6-0 and Ways and Means voted 11-0 for SB-2076, which would define broadband equity, clarify the state broadband office’s equity duties and provide funding for staff. Also that day, the House Finance Committee voted 14-0 to pass HB-1980 to permit but not require Medicaid, health insurers and others to cover telephonic behavioral health services.

The Wisconsin legislature passed a broadband bill that would narrow what areas may receive grants but not limit by speed what projects could get money. The Assembly voted 60-36 Wednesday after the Senate voted 20-12 last week for SB-365. It would direct the Public Service Commission to focus its broadband grant program on unserved areas where no provider has service with 100 Mbps download and 20 Mbps upload speeds, though a Senate amendment removed language to restrict grants to projects not capable of 100/20 Mbps, according to a summary. The Senate amendment also removed a prohibition of awarding grants to projects that don’t include at least 40% matching funds, and it deleted a proposed mechanism for the PSC to collect broadband data from ISP grantees to develop and maintain a state map. SB-365 still needs the governor’s signature. Also Wednesday, Arizona lawmakers supported making a state broadband office. The House voted 46-13 Wednesday to send HB-2678 to the Senate. The House Commerce Committee unanimously cleared the bill last week (see 2202160015). The Iowa House voted 93-4 for HB-2296 requiring municipalities to provide nondiscriminatory access to right of way and municipally owned conduit to install broadband infrastructure. It goes to the Senate.

Policymakers must consider four “key” principles as they implement the recent broadband programs funded through the Infrastructure Investment and Jobs Act, said former FCC Commissioner Mike O’Rielly during a Broadband Breakfast webinar Wednesday. “I ultimately believe you have to stay focused on the unserved Americans,” O’Rielly said, saying the “basic benchmark” should be 25/3 Mbps speeds. Another factor to consider is other barriers to deployment, he said, citing pole attachments, rights of way and other costs of building networks. Policymakers will need to address adoption beyond affordability, O’Rielly said: “It’s going to require partnerships with a lot of organizations … to really drive home the importance of the service.” Policymakers will also need to act “thoughtfully” and include transparency measures in any broadband program, he said.