U.S. Broadband Policy Guide (2026): Laws, Programs & Regulations

U.S. Broadband Policy Overview

The United States is in the midst of the largest broadband infrastructure investment in history. The Infrastructure Investment and Jobs Act (IIJA) of 2021 authorized over $65 billion for broadband, with the BEAD program ($42.45B) as its centerpiece. This investment aims to close the digital divide by connecting the estimated 8.5 million unserved locations and upgrading 3.5 million underserved locations.

Broadband policy involves multiple federal agencies, state governments, and regulatory frameworks:

Major Federal Broadband Programs

Combined, these programs represent over $50 billion in federal broadband investment, the most ambitious connectivity initiative since rural electrification in the 1930s.

FCC's Role in Broadband

The Federal Communications Commission (FCC) plays several key roles in broadband policy:

• Broadband mapping: Maintaining the national broadband availability map used to direct BEAD funding
• Spectrum management: Allocating radio spectrum for wireless broadband, including 5G and fixed wireless
• Consumer protection: Enforcing transparency rules requiring ISPs to disclose speeds, prices, and fees
• Universal Service Fund: Managing programs like Lifeline and E-Rate
• Net neutrality: Regulating (or deregulating) ISP traffic management practices
• Broadband labels: Requiring ISPs to display standardized "nutrition labels" showing plan details

The FCC's broadband nutrition labels, mandatory since 2024, require ISPs to clearly display speeds, monthly price, data caps, and fees in a standardized format similar to food nutrition labels. This helps consumers compare plans across providers.

Broadband Speed Definition

The FCC updated the official definition of broadband in 2024:

The updated 100/20 Mbps definition matters because it determines which locations are classified as "underserved" for BEAD funding purposes. Areas with only DSL service (often under 25 Mbps) now qualify for federal broadband investment.

Digital Equity Initiatives

The Digital Equity Act provides $2.75 billion to ensure all Americans can participate in the digital economy:

• State Digital Equity Plans: Every state develops a plan for digital inclusion
• Competitive grants: Funding for digital literacy programs, device access, and technical support
• Target populations: Low-income households, seniors, rural residents, people with disabilities, veterans, and non-English speakers
• Affordable options: BEAD requires funded ISPs to offer low-cost broadband plans

For current affordable internet options, see our guides to cheap internet, low-income internet programs, and the Lifeline program.

State Broadband Policies

States play an increasingly important role in broadband policy:

• State broadband offices: All 50 states now have dedicated broadband offices coordinating BEAD deployment
• Net neutrality laws: California, Washington, Oregon, and others have enacted state-level net neutrality protections
• Municipal broadband: Some states allow cities to build their own broadband networks (e.g., Chattanooga, TN; Wilson, NC)
• Right-of-way policies: State regulations on utility pole access and right-of-way permitting affect deployment speed

Frequently Asked Questions

Future Broadband Policy Directions

U.S. broadband policy is rapidly evolving as technology, consumer behavior, and political dynamics shift. Understanding likely future policy directions helps consumers and businesses plan for changes that may affect their internet options and costs.

Speed Standard Evolution

The FCC's 2024 update to 100/20 Mbps as the broadband standard was a significant step, but technology advocates are already pushing for higher standards. Some organizations recommend a future definition of 100/100 Mbps (symmetrical), which would classify most cable internet connections as "underserved" due to their asymmetric upload speeds. Such a change would redirect significant federal funding toward fiber and other symmetrical technologies, potentially accelerating the transition away from copper-based infrastructure.

Spectrum Policy

The allocation and management of radio spectrum is one of the most important but least understood broadband policy areas. Upcoming spectrum auctions and reallocations will determine the future capacity of 5G, fixed wireless, and Wi-Fi networks. The FCC is considering opening additional mid-band spectrum (3.1-3.45 GHz) for commercial use, which would significantly increase 5G capacity and make 5G home internet more competitive with wired broadband.

Digital Discrimination

The FCC adopted rules in 2023 prohibiting digital discrimination in broadband deployment, requiring ISPs to not disadvantage certain communities based on income, race, or geography. These rules mean that ISPs receiving BEAD or other federal funds must deploy service equitably across their service areas, not cherry-pick only the most profitable neighborhoods. Enforcement mechanisms are still being developed, but the rules represent a significant policy shift toward broadband equity.

Right to Repair

Emerging right-to-repair legislation may affect broadband equipment. Consumers could gain the right to repair or replace ISP-provided modems and routers without voiding service agreements, further reducing costs for internet subscribers. This aligns with the broader trend of consumers purchasing their own equipment rather than renting from providers.

Broadband Policy Resources

Staying informed about broadband policy helps you make better internet choices and participate in decisions that affect your community's connectivity. Here are the most useful resources for tracking broadband policy developments.

Government Resources

• FCC.gov: Official FCC website with broadband maps, consumer guides, and regulatory proceedings
• BroadbandUSA (NTIA): Tracks BEAD program progress, state broadband plans, and federal broadband investments
• USAspending.gov: Track how federal broadband dollars are being spent in your state and community
• Your state broadband office: Every state has a broadband office coordinating BEAD deployment and state-level broadband initiatives

Advocacy Organizations

• Free Press: Consumer advocacy organization focused on media and internet policy
• Electronic Frontier Foundation (EFF): Digital rights organization that covers net neutrality and broadband privacy
• National Digital Inclusion Alliance (NDIA): Focuses on digital equity and broadband affordability
• WISPA (Wireless Internet Service Providers Association): Represents fixed wireless providers and advocates for rural broadband policy
• Fiber Broadband Association: Industry group promoting fiber deployment and policy

How to Get Involved

You can influence broadband policy by filing public comments during FCC rulemaking proceedings, challenging inaccurate data on the FCC broadband availability map, attending state broadband planning meetings and public hearings, contacting your state and federal representatives about broadband issues, and participating in community broadband planning efforts through your local government. For most consumers, the most impactful action is ensuring the FCC broadband map accurately reflects service at your address. Inaccurate maps direct BEAD funding away from areas that genuinely need it, so taking five minutes to check and challenge your map entry can benefit your entire community.

Broadband Competition Policy

Competition is widely recognized as the most effective driver of lower prices, better service quality, and increased innovation in broadband markets. Federal and state policies aim to increase broadband competition through several mechanisms.

Local Competition Landscape

Broadband competition varies enormously by geography. Urban areas may have 4-6 broadband options (fiber, cable, DSL, 5G, fixed wireless) while rural areas may have only 1-2 (often just satellite and DSL). The FCC tracks competitive conditions and reports that areas with 3 or more broadband providers have prices approximately 20-30% lower than areas with only 1 provider.

Policies Promoting Competition

• One Touch Make Ready: Streamlines pole attachment rules so new providers can access utility poles faster, reducing fiber deployment costs and timelines
• Open Access Requirements: Some BEAD grants require funded networks to allow other ISPs to offer service over the same infrastructure
• Municipal Broadband: Over 20 states allow or encourage municipal broadband networks that compete with private ISPs. Studies show that areas with municipal broadband options have lower average prices and higher average speeds
• Spectrum Policy: Making more wireless spectrum available enables new 5G and fixed wireless competitors to enter local markets
• Broadband Nutrition Labels: FCC-mandated labels make it easier for consumers to compare providers, increasing competitive pressure on pricing and terms

Consumer Actions

You can help promote broadband competition by regularly comparing available providers at your address (use our ZIP code tool), switching providers when better options appear (your departure sends a market signal), supporting municipal broadband initiatives in your community, and providing accurate data to the FCC broadband map so that competitive conditions are properly documented.