Cox Communications has petitioned a Rhode Island court to halt the state’s plan for allocating $108.7 million in federal broadband funding. Should the lawsuit succeed, it may prevent other internet service providers (ISPs) from securing grants aimed at expanding services in areas that Cox asserts are already covered by its high-speed network.
The cable company argues that Rhode Island utilized “flawed Internet speed data” to designate which regions are underserved, claiming the plan would benefit wealthy areas already endowed with high-speed internet, contrary to the program’s intent.
Cox filed the lawsuit on Monday in Superior Court in Providence, seeking an injunction to prohibit the state from using the disputed speed data to guide broadband grant allocations.
The Rhode Island Commerce Corporation, which oversees the state’s broadband funding strategy, quickly rebutted, labeling the lawsuit as “misleading and unsupported by facts.” Read their full response here.
Cox’s Previous Engagement Disputed
The Commerce Corporation, a quasi-public entity, is distributing Rhode Island’s $108.7 million share of the $42 billion federal Broadband Equity, Access, and Deployment (BEAD) program. It criticized Cox for not participating in previous public planning sessions and failing to share its network maps.
Cox countered, stating it has consistently presented data to the Commerce Corporation, which has been allegedly ignored. The company insists it has a data-sharing agreement and met repeatedly with officials to address concerns.
Rhode Island is one of 44 states and territories that have received the National Telecommunications and Information Administration (NTIA) approval for initial BEAD funding plans. The approval granted in July permits Rhode Island to access funds and commence the program.
Controversial Use of Speed Test Data
Central to Cox’s grievance is Rhode Island’s application of Ookla speed test data. Commerce Corporation used these tests to classify areas as “underserved” if speeds were below 100 Mbps, sometimes aggregating data at the census block level, which Cox contends is imprecise.
Despite ongoing improvements, the FCC’s broadband map, based on ISP submissions, has faced accusations of inaccuracy. Rhode Island’s Commerce Corporation maintains that its plan is built on fairness and transparency, addressing real needs that Cox claims do not exist.
For more information, read the full article on Ars Technica.