The Broadband Bill Passes the House

On Wednesday, March 3^rd, the West Virginia House of Delegates passed HB 2002, the Broadband Bill – which aims to speed the deployment of broadband, reduce the overall cost to West Virginians, and increase consumer protections for subscribers of broadband service.  Delegate Daniel Linville (R – Cabell, 16), the Lead Sponsor of HB 2002 stated that “it is the single most important thing that we can do this year… given the COVID-19 pandemic.” 

It is no secret that West Virginia lags behind other states in deployment of high-speed internet; these services are critical and essential to nearly every aspect of the lives of West Virginians. Online education for students, successful tele-health appointments, the success of small businesses and the safety and enjoyment of life for older West Virginians. It is also a vital requirement for West Virginia's economic development.  Expanding access, affordability and reliability of high-speed internet is one of AARP West Virginia’s 2021 Legislative Priorities, and over 89% of our readers identified increasing access to high-speed internet as the number one issue for this Legislative Session.

AARP West Virginia made five important recommendations for language, standards and protections that should be included in the legislation to strengthen it, and each of these were incorporated into the bill.

1) Updated Broadband Speed and Unserved Area Standards
Setting broadband speed targets and standards is very important to ensure that West Virginia keeps up with national and international technology. It also helps position West Virginia with forward-looking goals that are achievable. Broadband speed definitions can guide policy-makers in determining when and where to allocate broadband deployment loans and grants and in assessing whether there is reasonably comparable broadband service throughout the State. Speeds and data capacity should be sufficient to accommodate everyday applications such as video conferencing and tele-health applications.

With these facts in mind, AARP recommended that the Legislature modify the definition of "broadband service" to mean “broadband service at rates of at least 100 megabits per second download and at least 50 megabits per second upload. AARP also endorsed the definition of "unserved area" as an area, which has no fixed wireless service or wired service with speeds of 25 Mbps download/3 Mbps or more available and “underserved area” as an area, which has no fixed wireless service or wired service with speeds of 100 Mbps download/50 Mbps or more available.

2) Powers and Duties of the Broadband Enhancement Council
AARP supports the policy goals and objectives set forth by the West Virginia Broadband Enhancement Council. AARP recommended that a sixth duty be added which requires the Broadband Enhancement Council to “explore ways to achieve digital equity throughout the state.”

3) Definition of Digital Equity and Inclusion
AARP recommended that the Legislature should consider adopting a definition of "digital equity" such as one from the National Digital Inclusion Alliance.  In a partnership with the Alliance, AARP believes that digital equity is necessary for civic and cultural participation, employment, lifelong learning, and access to essential services. For example, the Alliance defines digital equity as "a condition in which all individuals and communities have the information technology capacity needed for full participation in our society, democracy and economy."

4) Office of Broadband
The original broadband legislation set forth three mandates for the newly codified Office of Broadband:
(1) Explore any and all ways to expand access to broadband services, including, but not limited to, middle mile, last mile, and wireless applications;
(2) Gather data regarding the various speeds provided to consumers in comparison to what is advertised. The council may request the assistance of the Legislative Auditor in gathering this data; and
(3) Cooperate and assist in the expansion of electronic instruction and distance education services.

AARP recommended that three additional responsibilities be set forth for the Office Broadband:
(4) Gather and report data regarding the adoption by broadband services, by speed, and by community, separately for residential and non-residential consumers;
(5) Gather and report data regarding prices charged for broadband services to residential and non-residential consumers (including, but not limited to one-time fees, monthly fees, termination fees, equipment fees, and other fees); and
(6) Incorporate the goal of digital equity in its fulfillment of responsibilities.

5) Mapping of areas within the state
AARP believes that that the State must continue to seek ways to improve the utilization of data and mapping to support and promote broadband development in West Virginia. As such, AARP proposed modification of the mapping section of HB 2002 to include the establishment of a broadband adoption map. This is important because, simply because broadband may be available does not mean that households and businesses actually subscribe to it. By mapping adoption in addition to deployment, the Council and Office of Broadband can collectively assess progress in achieving digital equity (such as, the presence and impact of barriers to adoption).

Finally, original language in HB 2002 required that any entity that has received or later receives state or federal moneys, and which has used those moneys to install infrastructure used for broadband services, "shall furnish detailed information concerning the location, type, and extent of such infrastructure to the Office of Broadband for use in mapping." AARP recommended that the Legislature should also require entities to also submit information on the “location, type, and prices of any broadband services subscribed to by residential (and separately non-residential) consumers as a result of the installed infrastructure.”

AARP West Virginia applauds the West Virginia House of Delegates for passage of HB 2002.  This legislation now heads to the Senate Government Organization Committee.