### Cox Communications Takes Legal Action Against Rhode Island Over $108.7 Million Broadband Funding Initiative
Cox Communications has initiated a legal challenge to prevent Rhode Island’s strategy for allocating $108.7 million in federal funds earmarked for enhancing broadband access throughout the state. The lawsuit, lodged in Providence’s Superior Court, contends that Rhode Island’s broadband expansion strategy relies on inaccurate data and could unduly favor other Internet service providers (ISPs) in regions where Cox already delivers high-speed internet. This case has ignited a vigorous discussion regarding the distribution of federal broadband funds and whether Cox is attempting to suppress competition.
#### Overview: Federal Broadband Funding and Rhode Island’s Initiative
Rhode Island is poised to receive $108.7 million as part of the federal Broadband Equity, Access, and Deployment (BEAD) program, a $42 billion effort aimed at enhancing broadband access nationwide. The program seeks to remedy underserved and unserved areas, guaranteeing that every American has access to high-speed internet.
The Rhode Island Commerce Corporation, a quasi-public entity, is tasked with executing the state’s broadband strategy. The agency has been formulating a plan to allocate the federal funds, which includes pinpointing areas lacking adequate high-speed internet service. According to the Commerce Corporation, the strategy was crafted through a transparent and inclusive process, involving input from multiple stakeholders.
Nonetheless, Cox, the foremost ISP in the state, asserts that the data utilized to identify underserved areas is faulty. Specifically, Cox claims that Rhode Island depended on imprecise speed test data to categorize specific regions as underserved, despite the fact that Cox already offers high-speed internet in those areas.
#### The Legal Challenge: Cox’s Arguments
Cox’s lawsuit focuses on the state’s employment of Ookla speed test data to ascertain which areas qualify for federal broadband assistance. The Commerce Corporation relied on Ookla’s speed test outcomes to identify locations where internet speeds dip below the federal minimum of 100 Mbps for downloads and 20 Mbps for uploads. Cox argues that this approach is unreliable, as speed test outcomes can be influenced by aspects such as the user’s home network, device age, and the quantity of devices connected at once.
Cox also contends that the state redefined several areas as underserved based on speed test data that did not correspond to particular locales. The company claims that around 30,000 locations it services were improperly labeled as underserved, making them candidates for federal funding that could instead benefit competing ISPs.
Within its lawsuit, Cox contends that the process established by the Commerce Corporation for contesting these classifications is excessively onerous. The company claims that it would have to perform hundreds of thousands of speed tests across its service areas to dispute the state’s conclusions, a task it describes as logistically unfeasible.
Cox is petitioning the court for an order to prevent the state from utilizing the existing broadband map and to permit the company to submit data concerning a smaller portion of its customers to contest the state’s classifications.
#### Rhode Island’s Stance: Defending Its Approach
The Rhode Island Commerce Corporation has robustly defended its broadband strategy, labeling Cox’s lawsuit as “misleading and unsupported by facts.” The agency maintains that Cox had significant opportunities to engage in the public planning process but opted not to participate meaningfully.
As per the Commerce Corporation, Cox failed to provide public feedback on the BEAD program’s design and did not voice any concerns during Broadband Advisory Council meetings. The agency also asserts that Cox chose not to disclose its network map details throughout the state’s 90-day Broadband Map Challenge Process.
“Let’s be clear about what’s behind Cox’s lawsuit: It is an attempt to prevent the investment of $108.7 million in broadband infrastructure in Rhode Island, likely because it realizes that some, or even all, of that money may be awarded through a competitive process to other Internet service providers,” the Commerce Corporation stated.
The agency further contests Cox’s assertion that the state is employing erroneous data. It claims that the strategy combines Federal Communications Commission (FCC) data with local speed test results, painting a more precise picture of broadband availability within the state.
#### The Influence of Ookla Speed Tests: A Disputed Issue
A major source of disagreement in the lawsuit is the use of Ookla speed test data. Ookla is a leading platform for measuring internet speeds, but Cox argues that its data cannot be deemed reliable enough to determine if an area is underserved. The company points out that various factors, including the user’s home network configuration and the number of devices connected, can distort the results.
Despite these concerns, Ookla’s publicly accessible data indicates that Cox’s network in Rhode Island surpasses the federal speed benchmark. According to Cox, Ookla’s Speedtest Global Index for April 2024 revealed that Cox recorded the highest median download speeds in the state, at 264.94 Mbps—more than double the threshold set by the Commerce Corporation.
Cox also asserts that the Commerce Corporation
