PROVIDENCE – Cox Communications on Friday said it will not pursue any more legal actions against R.I. Commerce Corp. over the state's rollout of its $108 million broadband expansion plan funded through the Broadband Equity, Access, and Deployment Program.
In September, Cox filed a suit in Providence Superior Court claiming that R.I. Commerce used flawed data to “build a taxpayer-subsidized and duplicative high-speed broadband internet in affluent areas of Rhode Island,” arguing that some of the locations the state listed were Cox customers that already had high-speed internet access.
But an R.I. Superior Court judge later dismissed that suit, saying the matter is a federal issue.
On Friday, the National Telecommunications and Information Administration approved the state's
broadband infrastructure map, ending the "challenge process" that gives internet service providers, government entities and nonprofits the opportunity to challenge aspects of the BEAD plans that determine the locations where high-speed internet will be deployed.
The federal approval allows R.I. Commerce to begin the competitive process to secure a contractor to connect remaining unserved and underserved locations in Rhode Island.
In a joint statement Friday, Cox and R.I. Commerce said they were "pleased" that the litigation over the program "has been voluntarily dismissed."
“Both parties have worked together to reach this resolution and are eager to move forward positively with a commitment to a shared goal of ensuring all Rhode Islanders have access to fast, reliable and affordable internet," the organizations said.
Cox previously claimed that federal data showed that 99.3% of Rhode Island has access to high-speed internet, with only 0.7% of the state “unserved,” with less than 25 megabits per second for download speeds.
With the regulatory challenge over, a Cox spokesperson said the company will withdraw its pending appeal of the R.I. Superior Court decision and has vowed not to pursue any new lawsuits in federal court.
Stephanie Federico, vice president, public and government affairs for Cox Communications, said "the ongoing dialogue" with the quasi-public agency during the challenge process created "a better understanding of Cox’s infrastructure and investment in Rhode Island."
"Although we did not prevail on every front, the approved maps allay our concerns related to overbuilding and the creation of duplicative networks,” she said. “We appreciate the Commerce Corporation’s willingness to engage in meaningful conversations these past few months and look forward to working in the spirit of cooperation to ensure BEAD funds are expended in a manner that produces equity and access to high-quality broadband internet for all Rhode Islanders."
Christopher Allen is a PBN staff writer. You may contact him at Allen@PBN.com.
