Tuesday, June 16, 2026

PRESS RELEASE: The USF Doesn't Top 40%

The following may be attributed to Free State Foundation President Randolph May:

“On June 3, I issued a press release stating that the FCC was expected soon to announce that the USF contribution factor (aka the “USF tax”) would top 40% for Q3 2026. Well, I was wrong, and I’m always happy to correct the record. The good news is that on June 12, the FCC issued a Public Notice reporting that the USF contribution factor for Q3 2026 will be only 38.8%. The bad news is that USF tax, at 38.8%, will be near the highest it has ever been, if not the highest. As I said a week ago, the current USF regime is in desperate need of a meaningful market-oriented overhaul that fits today’s market and technological environment."  

Monday, June 15, 2026

The FCC Must Monitor State Regulation of Pole Attachments to Further Broadband Deployment

Pole attachments are attracting increased attention because of their importance to promoting the deployment of broadband facilities, including those financed by the Broadband Equity, Access, and Deployment (BEAD) program. As part of BEAD’s efforts to expand broadband coverage into all unserved and underserved areas, providers will have to obtain approval to work on millions of poles. The time and cost associated with this task will have a large effect on a project’s success in bringing Internet coverage to new households.

Last week the FCC’s Wireless Competition Bureau issued a Public Notice and Press Release regarding state regulation of pole attachments. The Notice informed states of their responsibilities for state regulation. These include:

  •     Issuing rules and regulations implementing the state’s regulatory authority.
  • Regulating rates, terms, and conditions of pole attachments.
  • Establishing procedures for resolving disputes.

The Notice also requested public comments on how the FCC should ensure that state regulation is effective. This includes whether the Commission has a duty to review state certifications to ensure the regulatory regime is adequate to meet the requirements of the Communications Act of 1934. The FCC also seeks comments on what else it can do to ensure that attachers in state-regulated states are not subject to unnecessary costs and delay.

As I wrote in a previous blog, ownership and regulation of poles is not always straightforward. According to one study and analysis, pole regulation is “scattershot” and “highly fragmented.” Poles are owned by a number of different entities including utilities, local exchange companies, and government entities. Poles in many states are regulated by states, not the federal government.

The FCC regulates most poles under Section 224 of the Communications Act of 1934. Its rules lay out processes and timelines for attachers and pole owners when the former seek to attach communications infrastructure to poles. However, the provision gives states the option of “reverse-preemption” by certifying that they will regulate pole attachments in their state. As of now, 23 states and the District of Columbia have taken this option.

The FCC’s Notice is important because pole attachments can have a large impact on project cost and completion. According to the above study, BEAD-funded projects will touch an estimated 3,954,030 utility-owned poles across 2,053 electric utility service territories. Current plans are for aerial fiber to cover 188,287 miles. Pole-related costs for BEAD projects could range from $534 million to $4.63 billion. The authors find that many of the poles involved are not regulated by the FCC. It is clear that the availability of pole attachments on reasonable terms is important to furthering broadband deployment.

The Commission also seeks information on how it can improve the regulation of pole attachments in the states that have chosen to regulate attachments themselves. One way is to ensure that any adjudications are timely and effective. Delays in obtaining permits can have a significant impact on the cost and even viability of broadband deployments, including BEAD projects. This request is timely given the history of the dispute between Comcast and Appalachian Power Company. Appalachian Power sought to charge Comcast for the full replacement cost of damaged poles even when a portion of the damage was caused by third parties. Comcast demurred. The FCC quickly issued a judgment favoring Comcast. However, several months later the dispute is still delaying work. Both parties have filed documents alleging that the other party is not abiding by the judgment. Rulings that come late or that cannot be enforced will do little to address the problem.

Another possibility is to allow non-deployment BEAD funds to be used to give states the resources they need to provide effective permitting. BEAD funding represents a huge increase in the effort to extend Internet coverage. As the FCC notes, increased investment has led to extensive new deployments in recent years, resulting in a significant increase in pole attachment applications for large numbers of utility poles. Many states and localities may lack the personnel and experience needed to deal with this sudden increase in volume.

In conclusion, the FCC is wise to focus on the issue of state regulation. State rules should be essentially equivalent to FCC regulations to ensure that attachers in reverse-preemption states do not experience prolonged delays and unreasonable costs. As the Notice says: “[S]tate pole attachment regulation can either advance [ubiquitous deployment of next-generation broadband] through clear and effective rules or become a roadblock to such deployment if a state adopts a pole attachment regime that is incomplete or unclear or fails to adopt pole attachment regulations in the first instance.”

Broadband availability is closely linked to economic growth in a particular area. It benefits everyone when the regulatory reviews needed to effect deployment speed this benefit rather than delay it.

Monday, June 08, 2026

Adminstrator Roth Discusses NTIA's Plans for the 2.7 GHz Spectrum Band

During the June 4 celebration of the Free State Foundation’s 20th anniversary, Arielle Roth, currently the Administrator for the National Telecommunications and Information Administration (NTIA), participated in a keynote conversation with former FCC Commissioner and Free State Foundation Adjunct Senior Fellow Michael O’Rielly. Administrator Roth used the occasion to discuss the Administration’s plans for auctioning the 2.7 GHz band of spectrum.

 

NTIA is under a congressional directive to release 500 Megahertz of federal spectrum to be reallocated for commercial licensed use. “The work is on us to get it done in a timely manner and we hope to meet or hopefully exceed our deadlines and targets,” said Administrator Roth.

The Administration is working on the 2.7 GHz band. NTIA “fully agrees” that this band should be devoted to commercial licensed use. A tech panel consisting of the Office of Management and Budget, the Federal Communications Commission, and NTIA recently signed off on spectrum relocation funds so that the incumbent leadership can perform the engineering studies needed to transfer control.

These efforts are currently in the middle of a statutory waiting period of 60 days for notifying Congress of the recommended transfer. This period ends June 30th after which NTIA can use spectrum relocation funds to conduct the engineering work so that the spectrum can be identified and hopefully auctioned as soon as possible.

Administrator Roth's remarks regarding the progress in getting spectrum in the 2.7 GHz band transferred for private sector commercial use are encouraging.

 

Wednesday, June 03, 2026

PRESS RELEASE: The USF Tax Breaks the 40% Barrier

The following statement should be attributed to Free State Foundation President Randolph May regarding the anticipated increase in the USF contribution factor:

“According to a report in Communications Daily, the USF contribution factor, a tax really, is expected to hit 42.3% in Q3, the highest ever, based on numbers released. That would be an increase of 5%, up from 37% in Q2. Boom! Breaking 40% is akin to breaking the sound barrier.

It’s crystal clear that the current USF regime is unsustainable because at some point — and the point could come suddenly — the USF tax on telecom services will be too much for consumers, and then policymakers, to bear. Reforming the regime should be a near-term priority for Congress. The focus should be on making available subsidies only upon a clear and convincing showing of need, and a reliance on market forces wherever possible to maximize efficiency and reduce waste and fraud."

Monday, June 01, 2026

Computing the Cost of Intelligence: The Consumer Price Index and Information Products

Every month the U.S. Bureau of Labor Statistics (BLS) announces its latest estimate of the cost of all consumer goods and services. These initial estimates are then revised as additional data come in. One of the key drivers of the American economy over the last few years has been the declining cost of information in relation not only to other goods and services but occasionally also in nominal prices. This blog reviews the current procedures for measuring information costs, hopefully giving readers more context about the long-term trends.

We examine seven discrete categories of goods and services that have the primary purpose of collecting and processing information. Four of these goods are members of the broader category of Information technology, hardware and services. Two lie within the category of Telephone services. The final one lies within the category of Video and audio.

Approximately half of the index for telephone hardware, calculators, and other consumer information items consists of cellphones (about 95 percent of which are smartphones) with home-based phones, phone accessories and smartwatches making up the rest. The Consumer Price Index (CPI) records the actual price of a smartphone, with promotions deducted from the advertised price. The BLS also separates out the price of hardware from accompanying services such as Internet access and television subscriptions. These services are collected in a separate category of spending.

One of the most important information products is smart phones. These goods are the only item in their broader category that are quality adjusted due to the rapid rate of technological advancements and improved quality for consumers. For the vast majority of products, BLS simply records the price without any adjustment for quality. However, for smartphones BLS economists have developed a hedonic regression model that allows them to identify how much of a price rise is due to specific improvements in quality. Assuming some of a price increase was due to product improvements such as better screen resolution, BLS would add the value of those improvements to the previous price of the smartphone and compare it to the new price. If both prices were the same, consumers would be paying more but also getting more, as opposed to paying more for the same benefit due to general inflation. Wireless telephone services and television services undergo similar adjustments.

CPI also uses the concept of directed substitution for both smartphones and computers because of the rapid quality improvements in each good. Basically, twice a year BLS assumes that consumers are purchasing the newer version of a product even if the older one is still available. The resulting data recognizes that manufacturers are improving the cost and/or quality of the product even if consumers are not purchasing it yet.

Another key fact is that information services make up a growing share of consumers’ total spending. This multiplies the impact of cost restraint. A 50 percent price reduction in housing, which currently accounts for more than 44 percent of spending, has a much larger effect on living standards than a 50 percent cut in furniture and bedding, which makes up less than 1 percent. Table 1 shows the relative weights for selected categories of information spending for 2017-18 compared to 2024. Some items have increased their share of the consumer’s budget while others have contracted.

Table 1: Relative Importance of Components in the CPI, 2017-18 and 2024

Spending Category

2017-18

2024

Computers, peripherals, and smart home assistants

0.285

0.293

Computer software and accessories

0.016

0.027

Internet services and electronic information providers

0.856

0.923

Telephone hardware, calculators, and other consumer information services

0.066

0.461

Wireless telephone services

1.824

1.340

Residential telephone services

0.405

0.126

Cable, satellite and live streaming television service*

1.145

0.606

*Was Cable and satellite television service in 2017-18

It is important to note that the CPI only collects data on consumer items. Price and quality improvements on products purchased by businesses are not recorded. This excludes a major source of innovation and productivity in the economy. However, many of these changes are eventually captured as competition eventually forces companies to pass most of the benefit on to consumers. Also excluded from this table are subscriptions to on-line magazines, games, and music and video downloads, which are treated just as if the consumer purchased them offline. Non-business subscriber fees for residential television are included, but pre-recorded video-on-demand subscription streaming services are not.

BLS faces a constant problem separating out changes in general inflation from changes in the quality and capacity of specific goods and services. Products that seldom change from one period to another present little problem. However, the true prices of products that change rapidly are more difficult to measure. A current example is the rise in pay-per-view streaming which charges viewers fees for a greater choice of programming content. If a replacement product is better than its predecessors and BLS can measure the value of the difference in quality, it will raise the price from the previous month to reflect that there has been no change in the real price. In cases like this, nominal price increases may simply reflect the fact that consumers are getting more for their money. In this case the market is doing exactly what it should.

The relationship between prices and growth is complex. Some experts argue that much of the U.S. productivity boom in the 1990s and 2000s was due to statistical agencies using hedonic measures to overestimate productivity gains. However, others point to the large unincluded value of free services such as ChatGPT, Facebook, Gmail, Google Maps, and YouTube. Although these services deliver tremendous value to consumers, they are not counted in GDP. This debate will not end soon. In the meantime, the important point is that technology does increase our living standards even if the inherent level of data uncertainty makes this hard to see.