Providence, RI — Cox Communications has encountered a legal setback in its attempt to block Rhode Island’s $108 million broadband expansion plan. Rhode Island Superior Court Judge Brian Stern dismissed the company’s lawsuit on November 7, stating that the case is more appropriately addressed in federal court. The dismissal marks a critical moment in the state’s efforts to expand high-speed internet access, but legal battles may continue as the program unfolds.
The broadband expansion plan, led by the Rhode Island Commerce Corporation, is part of the federal Broadband Equity, Access, and Deployment (BEAD) program, which allocates $42.5 billion nationwide to close the digital divide. Rhode Island’s $108 million share is contingent on successfully implementing a detailed plan that prioritizes underserved communities.
Judge Stern’s ruling emphasized that the dispute centers on federal funding and regulations established by the National Telecommunications and Information Administration (NTIA). “Given the nature of the claims, which revolve around federal statutes and guidelines, it is clear that the appropriate venue for this case is federal court,” Stern said in his decision. The BEAD program, a cornerstone of the Biden administration’s infrastructure agenda, aims to provide high-speed internet to millions of Americans without access. Rhode Island’s plan, developed by the Commerce Corporation, outlines how the state will use its allocated funds to build infrastructure and ensure affordable broadband service for residents.
“The BEAD program is a transformative opportunity for our state,” said Liz Tanner, Rhode Island’s Secretary of Commerce. “It will enable us to connect every resident to high-speed internet, fostering economic growth, improving access to education, and enhancing healthcare delivery.” Cox Communications, the state’s primary broadband provider, has raised concerns about the plan’s potential impact on competition and private investment. The company argued that Rhode Island’s broadband initiative could unfairly disadvantage existing providers by directing federal funds toward areas where private infrastructure exists.
In response to the lawsuit’s dismissal, Cox said, “We remain committed to working with state and federal officials to ensure that broadband expansion is achieved in a way that benefits all Rhode Islanders while maintaining a level playing field for private providers.” The stakes for Rhode Island are high. The state’s plan aims to connect thousands of homes and businesses in underserved areas, ensuring every resident can access reliable and affordable high-speed internet. The funding also includes provisions for digital equity programs, such as training and resources to help residents maximize their online access.
Governor Dan McKee underscored the importance of the initiative: “This is a once-in-a-generation investment in our state’s future. High-speed internet is no longer a luxury; it’s a necessity for education, healthcare, and economic opportunity. We are committed to ensuring that every Rhode Islander can benefit from this critical infrastructure.” While Judge Stern’s decision allows the Commerce Corporation to proceed with its broadband plan, the legal challenges may not be over. Cox Communications has indicated that it is exploring its options, including pursuing the case in federal court. Meanwhile, Rhode Island Commerce continues to move forward with its broadband rollout, working to meet the NTIA’s requirements and timelines. The agency plans to begin infrastructure projects in early 2025 and achieve full broadband coverage across the state by 2028.
