James Wyche is a law student in the HLS Food Law & Policy Clinic and a guest contributor to this blog.
America’s Digital Evolution
America’s development from an agrarian country to one of increasing technological sophistication has engendered fundamental economic and social changes. Since the dawn of the age of the internet near the end of the 20th century, society’s reliance on vast networks of computers has only increased. Given how the internet has the potential to connect distant parts of the globe, promote efficient exchanges of information, and support unprecedented economic productivity, one does not struggle to find compelling justifications for the internet’s ubiquity.
Intentional Disconnection vs. Systemic Disadvantage
Given the structure of the modern economy, it hardly seems like Americans have an active choice in the matter. When people do fail to participate in the digital economy, it is generally for one of two reasons: 1) because they are taking time to cleanse themselves by going “off the grid” or 2) they are “off the grid” because they never had reliable internet access to begin with. This can happen for any number of reasons, such as a lack of technological infrastructure in the relevant geographic area, or because monthly broadband bills are simply too expensive.
In this context, an inability to connect, as opposed to an active choice not to, is the situation facing millions of Americans living in rural areas. Unfortunately, the economy does not partition itself into a tech-dependent sector and an analogously thriving non-tech-dependent sector. To the contrary, the current American economy preferences technological utilization without accommodating those who lack access. The result is that the benefits of technological integration are not distributed equitably, and those who fail to integrate are put at a serious disadvantage.
Federal Initiative: Bridging the Connectivity Divide
One of the ways in which the federal government has tried to address this “digital divide” is through the affordable connectivity program (“ACP”). The ACP was launched near the beginning of the coronavirus pandemic as the Emergency Broadband Benefit (“EBB”) program. The program sought to increase internet access in communities where broadband prices were too high due to a lack of competition between Internet Service Providers. This dynamic is particularly acute in rural areas, where low population densities coupled with extensive geographic territories make providing broadband services very expensive. The result is a rural broadband market dominated by few players.
Under the EBB, qualifying households could claim a $50 discount off their monthly broadband bill while the discount was $75 for households on tribal lands. In 2021, the EBB was renewed and renamed through the Infrastructure, Investment and Jobs Act. Under the ACP, qualifying households could claim a $30 discount, while households on tribal lands could still claim a $75 discount. Eligible households could also receive a one-time discount of up to $100 to purchase a laptop, desktop computer, or tablet from participating providers if they contributed more than $10 and less than $50 toward the purchase price.
The most current statistics document that over 23 million American households are enrolled under the ACP. In 2021, Congress appropriated $14.2 billion towards funding the program. However, effective February 8, 2024, the ACP stopped accepting new applicants because the program will likely run out of money near the end of April. In the absence of funding renewal, millions of Americans will once again face significant barriers to integrating themselves within the digital economy.
Leveraging the Farm Bill to secure ACP funding
Given the gravity of the situation, securing funding for the program is a top priority. While congressional policy makers may introduce legislation, such as the Affordable Connectivity Program Extension Act, an alternative avenue for securing funding for the program is the farm bill. While the connection between legislation titled “the farm bill” and internet access may seem counter-intuitive, the farm bill is omnibus legislation that deals with several different policy aspects. One of the titles of the farm bill addresses rural development.
Additionally, an increasing percentage of farm equipment and agricultural techniques rely on broadband access, so the ACP’s lapse could undermine the ability of many small scale farmers to utilize equipment that could increase their productivity. On the other hand, many farmers worry that increased internet integration poses significant security and privacy risks. Therefore, any policy solutions that seek to optimize farm viability must do so in a way that is sensitive to data-privacy concerns.
By using the farm bill to allocate resources to the ACP, Congress can take advantage of political and social momentum without having to start from scratch on independent legislation. Additionally, Congress can ensure that Americans continue to get broadband access that is affordable. On the other hand, several aspects of the ACP, such as enrollment criteria, are controversial and would make passage of the farm bill less politically feasible. According to Senators John Dune (R-S.D.) and Ted Cruz’s (R-TX) interpretation of a government accountability office report, the ACP was a conduit for “waste, fraud, and abuse of taxpayer dollars.”
In addition, the ACP is administered by the FCC, as opposed to the USDA, so appropriating funds for the ACP under the farm bill would require overcoming significant jurisdictional hurdles. However, if Congress was serious about using the farm bill to fund the ACP, then Congress could orchestrate concurrent jurisdiction between the relevant committees. Regardless, however, the ACP has helped millions of Americans access opportunities in the modern economy and improve their quality of life. In that way, perhaps the farm bill can ensure the program’s vitalized continuation.
The views and opinions expressed on the FBLE Blog are those of the authors and do not necessarily reflect the official policy or position of FBLE. While we review posts for accuracy, we cannot guarantee the reliability and completeness of any legal analysis presented; posts on this Blog do not constitute legal advice. If you discover an error, please reach out to contact@farmbilllaw.org.
