Texas has billions pledged to expand broadband. Spending it is taking a while.

They argue that continued reliance on the federal maps would be a failure by the state to fulfill the requirements under the infrastructure law to support areas with high poverty rates, said Jordana Barton-Garcia, director of the broadband coalition.

“Congress directs the (government) to target persistent poverty of regions with the funding,” Barton-Garcia said. “And so if they use a faulty map, that means they will not cover this region, because it falsely shows that there is not a problem of the digital divide.”

In their requests that the state not rely on federal maps, the county judges of Hidalgo and Cameron counties noted that U.S. Census data shows only 55% of Hidalgo County residents and 43% of Cameron County residents were connected to broadband. Earlier versions of maps suggested the Valley was 100% covered.

In coordination with the RGV Broadband Coalition, the counties have moved forward with their own plans to expand broadband. They each conducted feasibility studies to determine the need for the areas and formed public-private partnerships with a local internet service provider. But these efforts were done in hopes of applying for the next round of federal funds and other equity-focused grant programs that will not rely on the maps.

In Alpine, Rusty Moore similarly spent years challenging federal maps and preparing to apply for money. Moore, the general manager of Big Bend Telephone, serves customers within 18,000 square miles of the Big Bend region.

He said the company had spent four years and more than $400,000 to ensure that the federal maps are correct. Over the same period, the company filed tens of thousands of challenges. He applied for 12 of the grants and received 5, which will amount to $5.5 million.

“That’s just been a huge frustration for the industry as a whole. We’re making huge decisions with public money based on flawed data,” Moore said.

Charles Meisch, director for the National Telecommunications and Information Administration’s Office of Public Affairs, said the federal map is updated every six months with feedback from those challenges. He said the data will be the most accurate and up-to-date when the challenge process begins in Texas.

“What we’ve seen nationwide is there are local and national nonprofits who are working with individuals to submit batches of challenges for locations,” Meisch said. “To make sure everyone’s voices are heard.”

Conte, the Texas broadband director, said money from federal programs has to be distributed to eligible locations that are underserved or unserved according to the federal data, not the state’s broadband map.

“No matter how great we made our state map, it didn’t matter in the eyes of the federal government,” Conte said at a July state Senate hearing. “Because we had to tie all the federal dollars back to their map.”

Rural local governments unprepared for expansion

Local governments play a critical role in advocating for major infrastructure projects such as broadband expansion. And yet, the private sector is ultimately responsible for the projects.

For two decades, Jim O’Bryan has presided over a county that employs just over 100 people. He was a commissioner for 25 years before becoming county judge in 2019. Most of his job entails steering the frenzy of the oil fields surrounding every boundary of Reagan County and its roughly 3,100 residents.

Oil and gas, he gets. Broadband remains a mystery to him. And yet, his county is one of the 24 counties chosen for broadband funding.

“It’s just way too great of an expense of responsibility and expense for each county to handle it individually,” O’Bryan said.

O’Bryan is working with Nexlink, a Texas-based internet service provider, to provide the infrastructure his constituents desperately need.

He and the Concho Valley Council of Governments say the counties are woefully unprepared to handle that kind of money. They are not the only local government that feels overwhelmed by the firehose of broadband dollars.

“Everyone’s very interested and very eager to receive these programs, but are also very under prepared to receive them,” said Connor Sadro, regional broadband director for the Deep East Texas Council of Governments.

Building broadband on their own would be an expensive lift for most local governments to oversee, requiring projects and a workforce the counties could not afford.

It opens the door to soliciting from big companies. Hunt, with the Deep East Texas Council of Governments, said local officials are being inundated with advice from commercial internet providers, and it’s a problem. Hunt credits these companies for the broadband infrastructure that’s standing today but says national providers may not be what is needed for rural Texas.

“Our local officials are trying to wade through all these opportunities and determine what’s best for their communities,” Hunt said. “It’s a challenge for them to figure out, not just the best provider, but how to ensure the maximum coverage and most affordable rates.”

Rural counties may spend an inordinate amount of time and resources preparing just to apply for broadband money. It can be a complex process for local leaders who may not have experience in managing such a large amount of funding.

In Reagan and Irion, four internet service providers are set to receive money to build infrastructure under the Council of Governments’ jurisdiction. They had spent years preparing for the opportunity, said John Austin Stokes, executive director of the Council of Governments. Had they not, the counties would not have been prepared to spend the money.

The state broadband office created the Technical Assistance Program, which provides resources to communities that need help with broadband planning. Thirty-two counties are enrolled in the program.

Amid presidential transition, fresh criticism and questions

Any hope that Texas could move forward with spending its $3 billion in federal money uninterrupted after winning final federal approval was dashed — quickly.

Cruz, the U.S. senator who easily won reelection in November, is expected to lead the Senate Commerce, Science and Transportation Committee, which has oversight of the telecommunications agency, has promised to review the federal broadband program. Cruz voted against the law that created the funds.

“As President-elect Trump has already signaled, substantial changes are on the horizon for this program,” Cruz said.

In his letter, Cruz blamed the Biden administration for the delay by imposing “extraneous” requirements on states and said he will review the program next year. He points to mandates such as “DEI labor requirements” and climate change assessments. However, an earlier letter from Bennett Butler, director of congressional affairs for the NTIA, said many of the requirements are in line with Congress’ directions in the Infrastructure Investment and Jobs Act passed in 2021. This includes enforcing “Build America, Buy America,” which requires all materials used in infrastructure projects must be produced in the U.S.

Butler’s letter also says that states and territories must have programs that will promote equitable training, development and deployment of a qualified workforce. He says the funding announcement lists certain criteria that the federal government urges states to think through, but is not a list of requirements. There is a requirement that states demonstrate they have sufficiently accounted for current and future climate-related risks. Butler said this was to “ensure taxpayers get long-lasting value for their investment and to strengthen the longevity of broadband projects.”

The state is now preparing for the challenge process, where nonprofit organizations, tribal and local governments, and service providers can dispute the accuracy of the map. The challenge process starts Dec. 3, and the state has several resources available for people including online webinars, hosting weekly office hours, and opening a helpline.

Source: Jayme Lozano Carver, Carlos Nogueras Ramos and Berenice Garcia, The Texas Tribune

Photo: The Texas broadband office selected two counties in 12 different regions of the state to be awarded grant funding to build internet infrastructure. Credit: Texas Comptroller website