A Brief Overview of Various Legal Solutions to Resolve Technology Deserts (with an Emphasis on Virginia)

Written by A. Wachsmuth, L’26

      The digital divide is defined as, “a significant technological gap between rural and urban Americans … [t]his lack of access to technology was soon found to affect not just rural Americans, but BIPOC communities, women, and the elderly because of systemic differences in wealth, infrastructure and cultural attitudes.”[1] While some could argue that access to tech is solely a poverty-driven issue, the data cited below shows that race is an outstanding factor.[2] That said, this blog post recognizes that finances play a crucial role in technology deserts too.[3] This post surveys the current resolutions to resolve tech deserts generally. This post reviews various forms of technology when analyzing technology deserts, including computers and broadband. However, there is more data pertaining to broadband access, so that is what will be analyzed in depth here.

      At the national level, race and rural status play a role in whether individuals have steady access to technology.[4]For example, the National Urban League (NUL) reported that “36 percent of Americans living in rural areas of the United States lack high-speed home internet and 14 percent don’t have a computer” as of 2018.[5] Additionally, the NUL provided data showing that “nearly 31 percent of Black households are without high-speed home internet and 17 percent have no computer.”[6] The National Urban League argues that the federal government should provide financial support to cure such tech deserts.[7] Funding concerns for technology deserts exist at every level of government; while funding is generally taken care of at the state level, many school districts still cannot keep schools up to par.[8] Technology is just one of the many infrastructural issues; for example, persistent water damage and severe pest infestations in schools are additional stressors.[9] In practice, college preparedness and at-home learning (i.e., homework, studying) falter through tech deserts.[10]

      In Virginia, data showing access to technology seems to mirror that of the federal government: race and rural statuses continue to play a role in technology disparities.[11] For example, the American Immigration Council (AIC) stated that “nearly one in four people, or 23.1 percent, of racial and ethnic minorities did not have high-speed internet at home.”[12] As for Virginia’s school-aged students specifically, twelve percent overall had no computer devices, and fourteen percent overall had no broadband connectivity.[13] Of all these students, Latinx and African-American students were hit the hardest; the State Council of Higher Education of Virginia reported that “Black and Latino student households each are more than two times likely to lack a computer or laptop in the home than white students.”[14] As stated above, it can be hard to handle a myriad of issues all at once, all with poor budgets.[15] Technological advances are, as usual, moving far too fast, and both Virginia and the federal government are working on resolving broadband deserts; however, broadband has been around for over twenty years since the 2000s, and we just now are seeing some major state and federal efforts to resolve these inequities.[16]

      The federal government is attuned to the various issues and impacts that stem from these widespread technology deserts, as seen through grants and federally designated programs.[17] Specifically, the federal government has acknowledged the significant role of race as it pertains to these technology deserts.[18] The federal government spent $268+ million through their “Connecting Minority Communities Pilot Program” to help patch up broadband deserts.[19]While this program did not directly target K-12 schools, it did serve racialized minority students who are in higher-education.[20] More specifically, Historically Black Colleges and Universities (HBCUs), as well as Tribal Colleges and Universities (TCUs), are beneficiaries of this federal financial support.[21] To track the efficacy of this initiative, the Connecting Minority Communities Program’s website displays a map that shows the various schools that have begun to reap these benefits.[22] The Program delineates categories to sort and label where funds were expended.[23] Nearly tied, the two most popular “awards” (or categories) were “Workforce Training/Economic Growth” with sixty-eight  “awards” and “Institutional Broadband and IT Capacity” with sixty-seven  “awards.”[24] The density of awards concentrated on the northeast, south, and southwest.[25]

      More notably, the federal government was responsible for instituting the Broadband Equity, Access, and Deployment (BEAD) Program, in which it expended over $42 billion.[26] The National Telecommunications and Information Administration (NTIA) is further responsible for setting about the details and seeing it through in practice, all falling under the Bipartisan Infrastructure Law.[27] Specifically, this federal initiative serves to “fund[] projects that help expand high-speed Internet access and use.”[28] Financial support from the BEAD Program is eventually pumped into “approved” states.[29] Companies, including large companies like Verizon, seek “bids” to set up internet/broadband in technology deserts as part of the BEAD Program.[30] Then, after securing a contract, fiber optic cables or other equipment must be employed which demands physical labor.[31] These cables may extend underground, which can pose a myriad of risks.[32] As one can expect, the BEAD program has not been executed without flaws, and there seems to be some disconnect within the program.[33]

      Larger corporations make contracts to set up internet in places that have been disconnected for years, so when it comes to actually setting up internet access via fiber optic cables there can be severe logistical issues.[34] News reports showed that, at one point, “Verizon submitted a bid in one area where it knew it would need to run buried cable but had assumed it would be digging in soil … [i]nstead, it hit ‘ledge,’ which is also known as bedrock.”[35] Further, Del. Terry Austin of Virginia noted setbacks with broadband installation, pointing to the COVID-19 pandemic and various economic concerns.[36] Del. Austin stated, in discussing state and federal level efforts: “I think the federal dollars are great, but we have to have cooperation among everyone to make it happen.”[37]

      Under Governor Glenn Youngkin, Virginia has expended resources in the Virginia Telecommunications Initiative (VATI), which mirrors BEAD in many ways.[38] The Department of Housing and Community Development even released a “VATI and BEAD Comparison Cheat Sheet.”[39]

      The “Connecting Minority Communities Program” has been successful at the state level.[40] In Virginia alone, three historically Black higher education institutions now enjoy the benefits of this program.[41] Two of these institutions are in Central Virginia: Virginia State University and Virginia Union University.[42] The third is located in the east: Norfolk State University.[43]

      Hanover County has made waves in resolving the local technology desert issue.[44] The county instituted “Hanover Connect,” which serves as the local broadband effort, with VATI support.[45] Hanover Connect released a map that depicts the various “zones” where broadband is lacking and where broadband is forthcoming in the county.[46] The eastern portion of the county is set to obtain internet this February, while the western portion of the county will receive such access at some point in 2025.[47]

      Research discussing technology deserts have reviewed the “Expansion of E-Rate.”[48] E-rate is a broadband-specific program; while the program helps cure technology deserts and their pervasiveness in Black and rural communities in the short term, it may not be as helpful in the long-term. For example, program-specific plans do not account for oncoming technology, such as AI training and the like, but rather they have one specific goal.[49] Further, the “Universal Service Fund (USF)” faced backlash from the 5th Circuit in Consumers’ Research v. FCC.[50] In this case, the majority concluded that “this misbegotten tax violates Article I, § 1 of the Constitution.”[51] The “tax” in question references the USF, which serves as the financial plinth for E-Rate.[52] The Supreme Court of the United States will hear an appeal of this case.[53] Striking the USF could cease the E-RATE program, but it would also stop “unelected bureaucrats [from] setting a universal service tax on telecom consumers.”[54] Limiting the power of “unelected bureaucrats” is a strong argument that sounds promising for those opposing the USF or larger government intervention in curing tech deserts; if the U.S. does not have E-RATE, however, communities will continue to be underserved.[55]

      Broadband has been available in the United States since the early 2000s, but the U.S. is just now implementing national, state, and local efforts, such as the Connecting Minority Communities Program.[56] Shouldn’t this issue have been tackled decades ago? This delay raises the question of whether we will be twenty years behind on the next technological breakthrough/advancement.

      Finally, just because someone can access broadband (let’s say, through Verizon or Comcast), that does not mean they will be able to pay for it in the long term. “The average phone bill is now $141 per month” and Verizon’s starting internet plans float around $50 per month; together, that is $191 in additional costs per month (and $2,292 per year) that people may not be willing—or  able—to dish out.[57] Although varying internet plans and other circumstances will certainly fluctuate these monthly and annual expenses, these additional costs just might not be feasible for some. The United for ALICE program stated that there is a “Federal Poverty Level of $13,590 for a single adult;” $2,292 is a lot of money to spend when one is making less than $15,000 each year, especially when taking into account the cost of food and other resources.[58] Further, the United for ALICE’s website creates ideal “survival budgets” (similar to a budget calculator) for folks at the poverty line in Virginia.[59] When looking at one municipality, to maintain the ideal budget, single persons should only spend $86 a month on technology.[60] This is far below the $191 that it may cost people for phone and internet plans.[61] In sum, the U.S., and Virginia need quicker and more widespread efforts to cure technology deserts.

 

Photograph of Cellular Communication Tower, in, Verizon – Cellular Communication Tower Sites, Langan, https://www.langan.com/portfolio/verizon-cellular-communication-tower-sites (last visited January 20, 2025).

[1] A Look Back: Telework and the Digital Divide, Univ. of mich. Ctr. for Soc. Sols., https://lsa.umich.edu/social-solutions/news-events/news/digests/a-look-back/a-look-back–telework-and-the-digital-divide.html (last visited Dec. 12, 2024).

[2] New Analysis Shows Students of Color More Likely to Be Cut from Online Learning, Nat’l Urb. League (Nov. 17, 2024), https://nul.org/news/new-analysis-shows-students-color-more-likely-be-cut-online-learning.

[3] Id.

[4] Id.

[5] Id.

[6] Id.

[7] Id.

[8]  See e.g., Cardell Patillo, Jr., Many Communities in Virginia Struggle with Funding Their Schools, Cardinal News (Sept. 12, 2024), https://cardinalnews.org/2024/09/12/many-communities-in-virginia-struggle-with-funding-their-schools/; Christina Zdanowicz & Holly Yan, US Public Schools Get a D+ for Poor Conditions, and Experts Say Problems Are Getting Worse. Here’s What Kids Are Facing, CNN (Sept. 18, 2022), https://www.cnn.com/2022/09/18/us/school-conditions-2022/index.html

[9] Zdanowicz & Yan, supra note 9.

[10] Interview with Patricia Hunter-Jordan, President of the Hanover Branch NAACP (Nov. 15, 2024).

[11] Examining Gaps in Digital Inclusion in Virginia, Am. Imm. Council (Dec. 2022), https://www.americanimmigrationcouncil.org/sites/default/files/examining_gaps_in_digital_inclusion_in_virginia.pdf; Michael “Troy” Hatcher, Race, Education, and Technology: How the Expansion of ‘E-Rate’ Could Alleviate Educational Inequalities from Online Education Exacerbated by COVID-19, Am. U. Wash. Col. of L. (2020), https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1046&context=stu_upperlevel_papers.

[12] Examining Gaps in Digital Inclusion in Virginia, supra note 12.

[13] Tom Allison, A Closer Look At Virginia’s Digital Divide in Education, State Council of Higher Educ. Va. (Sept. 10, 2020), https://www.schev.edu/Home/Components/News/News/60/200?arch=1 (this data references at-home access).

[14] Id.

[15] See e.g., Patillo Jr., supra note 9; Zdanowicz & Yan, supra note 9; see also Katelyn Harlow, School Canceled for Hopewell High School Students After AC Issues, ABC8 (Aug. 6, 2024), https://www.wric.com/news/local-news/the-tri-cities/school-canceled-for-hopewell-high-school-students-after-ac-issues/ (in Hopewell, VA, reports show that children had to miss school days in due to faulty AC units).

[16] See e.g., Connecting Minority Communities Program, Broadband USA, https://broadbandusa.ntia.doc.gov/funding-programs/connecting-minority-communities (last visited Dec. 20, 2024).

[17] Id.

[18] Id.

[19] Id.

[20] Id.

[21] Id.

[22] CMC Awards, Connecting Minority Cmtys. Program, https://nbam.maps.arcgis.com/apps/dashboards/1bbcd97a1e8a4320b5aaf61add10a5d6 (last visited January 20, 2025).

[23] Id.

[24] Id.

[25] Id.

[26] Overview: Broadband Equity, Access, and Deployment (BEAD) Program, Internet for All, https://www.internetforall.gov/program/broadband-equity-access-and-deployment-bead-program (last visited Dec. 20, 2024).

[27] Id.

[28]Overview: Broadband Equity, Access, and Deployment (BEAD) Program, supra note 27; see e.g., Diana Goovaerts, Verizon’s Kevin Smith Talks the Kind of Mettle ISPs Need for BEAD, Fierce Network (Nov. 16, 2023), https://www.fierce-network.com/broadband/verizons-kevin-smith-talks-kind-mettle-isps-need-bead.

[29] This is not a comprehensive explanation as to how BEAD funding works; the focus of this section is to highlight BEAD implementation and what the funding goes towards. See Tad Dickens, Virginia Is Trying to Get Broadband to 162,000 Locations. Old Utility Poles May Get in the Way, Coop. Living (Jan. 2024), https://www.co-opliving.com/10150/virginia-is-trying-to-get-broadband-to-162000-locations-without-it-old-utility-poles-may-get-in-the-way/;.

[30] Goovaerts, supra note 29.

[31] Dickens, supra note 30; Goovaerts, supra note 29.

[32] Goovaerts, supra note 29.

[33] See e.g., Dickens, supra note 30; Goovaerts, supra note 29.

[34] Goovaerts, supra note 29.

[35] Id.(emphasis added).

[36] Dickens, supra note 30; Goovaerts, supra note 29.

[37] Id.

[38] Governor Glenn Youngkin Announces More Than $41 Million in Virginia Telecommunication Initiative Grants, Governor of Va. (July 24, 2024), https://www.governor.virginia.gov/newsroom/news-releases/2024/july/name-1031164-en.html.

[39] VATI and BEAD Comparison Cheat Sheet, Va. DHCD, https://www.dhcd.virginia.gov/sites/default/files/DocX/bead/vati-bead-comparison-cheat-sheet.pdf (last visited Dec. 20, 2024).

[40] CMC Awards, supra note 23.

[41] Id.

[42] Id.

[43] Id.

[44] Connect Hanover, https://www.connecthanover.com/ (last visited Dec. 20, 2024).

[45] About Us, Connect Hanover, https://www.connecthanover.com/27/About-Us (last visited Dec. 20, 2024).

[46] Connect Hanover, https://www.connecthanover.com/ (last visited Dec. 20, 2024).

[47] Id.

[48] Hatcher, supra note 12.

[49] Id.

[50] Consumers’ Rts. v. Fed. Commc’n Comm’n, No. 22-60008, 1 (2024).

[51] Id. at 2.

[52] Id.

[53] Federal Communications Commission v. Consumers’ Research, SCOTUS Blog, https://www.scotusblog.com/case-files/cases/federal-communications-commission-v-consumers-research/ (last visited Jan. 25, 2025); Ufonobong Umanah, FCC Broadband Subsidy Scheme Unconstitutional, Court Says (1), Bloomberg (July 24, 2024), https://news.bloomberglaw.com/litigation/fcc-broadband-subsidy-scheme-unconstitutional-5th-circuit-says.

[54] Umanah, supra note 54.

[55] Hatcher, supra note 12.

[56] Connecting Minority Communities Program, supra note 17.

[57] What Is The Average Phone Bill Per Month In 2024?, T-Mobile, https://www.t-mobile.com/dialed-in/wireless/average-phone-bill-per-month (last visited Nov. 20, 2024); Verizon Internet Plans, Pricing, and Deals, HIghSpeedInternet, https://www.highspeedinternet.com/providers/verizon (last visited Nov. 26, 2024) (presently, Verizon advertises a $49.99 plan; this is what is referenced.).

[58] ALICE Household Survival Budget, Hanover County, Virginia, 2022, United for Alice, https://www.unitedforalice.org/household-budgets/virginia (last visited Dec. 20, 2024).

[59] Id.

[60] Id.

[61] ALICE Household Survival Budget, Hanover County, Virginia, 2022, supra note 59; What Is The Average Phone Bill Per Month In 2024?, supra note 58; Verizon Internet Plans, Pricing, and Deals, supra note 58.

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