Rhode Island Court Dismisses Cox Communications Broadband Lawsuit

News Summary

On November 7, 2024, a Rhode Island Superior Court judge dismissed a lawsuit from Cox Communications regarding the state’s $108 million broadband plan, asserting jurisdictional grounds. Cox challenged the plan’s reliance on what it called outdated broadband maps. Judge Brian Stern indicated that the matter should be resolved in federal court. As the legal battle unfolds, it raises questions about the distribution of federal funds aimed at improving internet access in underserved areas.

Rhode Island – A legal battle surrounding the state’s $108 million broadband access plan took a significant turn on November 7, 2024, when a Rhode Island Superior Court judge dismissed a lawsuit filed by Cox Communications. The company contested the Rhode Island Commerce Corporation’s broadband initiative, claiming that it relied on outdated and inaccurate broadband maps.

Judge Brian Stern ruled that the dispute over the broadband access plan is more suitably addressed in a federal court rather than at the state level, citing jurisdiction as the primary reason for the dismissal of Cox’s case. The lawsuit, which was filed on September 23, 2024, aimed to challenge the distribution of federal funds intended for improving internet service in underserved areas. These funds are part of the Broadband Equity, Access, and Deployment (BEAD) program.

The broadband plan in question has received preliminary approval from federal regulators and is linked to funding and regulatory requirements established by the National Telecommunications and Information Administration (NTIA). Judge Stern pointed out that because the allegations made by Cox have not been litigated, the company is free to pursue its claims in the federal district court located in Washington, D.C.

Cox Communications maintains that it did not have sufficient time to contest the accuracy of the broadband data used in the state’s mapping process. The company claims the information misrepresents the broadband landscape in Rhode Island. In response to Cox’s allegations, the state commerce agency has accused the company of attempting to disrupt the rollout of broadband services to benefit competing internet service providers.

Bill Fischer, a spokesperson for Cox, emphasized that the judge’s ruling does not dismiss their claims or assertions outright. Instead, it provides a pathway for the company to escalate its appeal. The claims raised by Cox, if substantiated, suggest that funds earmarked for improving broadband infrastructure may be misallocated to regions already adequately served by internet providers.

As the fifth-largest broadband provider in the United States, Cox Communications serves approximately 7 million homes and businesses across 18 states. The company’s challenge comes at a time when Rhode Island is pushing forward with a broadband strategy that aims to enhance internet accessibility in communities deemed underserved or unserved. This initiative is part of a broader national effort backed by a $42.5 billion BEAD program that seeks to expand broadband access throughout the country.

The $108 million in federal funds allocated to Rhode Island is designated specifically for enhancing broadband infrastructure in areas identified as lacking sufficient internet service. As the legal proceedings unfold, it is clear that the outcome could influence how federal investments are distributed among internet service providers across the state.

The initial steps taken by Cox indicate that the company is considering all avenues available to contest the Rhode Island broadband plan. With Judge Stern’s decision, the legal struggle over how broadband funds are deployed in the state and the accuracy of the associated data appears far from over. The situation continues to develop, and stakeholders in the broadband community will be watching closely as Cox evaluates its options moving forward.

Deeper Dive: News & Info About This Topic

• Rhode Island Current: Cox Communications Can’t Connect on Broadband Access Map
• Fierce Telecom: What’s Happening with Cox in Rhode Island?
• CNET: Best Internet Providers in Rhode Island
• Verizon News: Expanding High-Speed Fios in Rhode Island
• Wikipedia: Broadband Access in the United States