House Likely to Pass Revised Bill With E-rate, CPB Money

The House appears poised to agree later this week to Senate-passed changes to the American Rescue Plan Act COVID-19 budget reconciliation package, which includes emergency broadband and CPB funding. The Senate passed its amended version of HR-1319 Saturday 50-49 after a protracted floor battle in which Republicans proposed but ultimately didn’t seek votes on almost two dozen telecom amendments, as expected (see 2103030063). Telecom-focused Capitol Hill Republicans, meanwhile, pressed the FCC to explain why it now believes improved broadband coverage data maps won’t be available until at least late 2022 (see 2102170052).

Senate Commerce Committee ranking member Roger Wicker of Mississippi, House Commerce ranking member Cathy McMorris Rodgers of Washington and other GOP leaders wrote acting FCC Chairwoman Jessica Rosenworcel Monday. “Almost a year has passed since Congress enacted” the Broadband Deployment Accuracy and Technological Availability Act, they said. The lawmakers noted Rosenworcel’s past testimony “that the FCC could quickly produce new broadband maps” and their “surprise and disappointment” with the commission’s February announcement that maps probably won’t be available until 2022 or 2023. Senate Communications Subcommittee ranking member John Thune of South Dakota and House Communications Subcommittee ranking member Bob Latta of Ohio also signed.

“The delay in developing new maps will affect other federal programs,” including those created via COVID-19 aid bills “that rely on these maps to ensure the federal government does not overbuild or duplicate other public funding or private investments,” the Republicans said. “Congress specifically directed the FCC to share its data with” NTIA “as that agency implements its new broadband grant program. We urge you to provide this information in a timely manner.”

The commission is “reviewing the letter,” a spokesperson emailed. “Improving the FCC’s broadband maps is a priority for” Rosenworcel. “At her very first meeting, she took action by convening the Broadband Data Task Force to expedite the design of new systems for collecting and verifying data so we can more accurately measure broadband availability.”

Bill Prospects

House Democratic aides now expect a Wednesday floor vote on the amended HR-1319, though an initial vote to set up debate on the measure was planned Monday night. The chamber is likely to pass HR-1319 along party lines, as it did when it initially cleared the bill (see 2103010050).

The amended HR-1319 reduced the amount of E-rate funding for remote learning to $7.17 billion. Sens. Kevin Cramer, R-N.D., and Mike Lee, R-Utah, tried for further changes. Cramer proposed reducing it to $5.17 billion and using the extra $2 billion for an FCC fund to compensate ISPs with fewer than 250,000 customers for free or discounted broadband services for low-income households. The amendment drew on a proposal in the Keeping Critical Connections Act proposed last year (see 2006240069).

Cramer also wanted to require schools and libraries receiving E-rate funding to be open five days a week, which House Commerce Committee Republicans previously proposed (see 2102120066). Lee wanted to allow the E-rate funding to be available to all schools and libraries only through July, rather than the end of FY 2030. He proposed barring institutions that received money under the Coronavirus Aid, Relief and Economic Security Act from using the E-rate funding after July 31. Sen. Joni Ernst, R-Iowa, wanted to reallocate $50 million from EPA “for rural broadband expansion in school districts that offer 100 percent in-person learning by not later than March 1.”

HR-1319 now allocates $10 billion of its $350 billion in state and local government funding specifically for broadband and other infrastructure projects. Other Senate Republicans proposed drawing money from elsewhere in the bill for connectivity. Tommy Tuberville of Alabama wanted to remove the same amount from emergency school funding and repurpose it for “rural broadband development.” Mike Braun of Indiana wanted to provide $1 billion for Agriculture Department broadband programs. Roy Blunt of Missouri proposed barring use of the measure’s broadband funding on areas that have “access to fixed broadband service that qualifies as advanced telecommunications capability” based on forthcoming FCC broadband maps. Blunt separately said he won't run for re-election in 2022.

Sen. Roger Marshall, R-Kan., wanted to allocate $750 million in funding via the Economic Development Administration “to assist high-speed broadband projects in rural communities.” Sen. John Kennedy, R-La., wanted to set aside 25% of the EDA funding for “assistance to rural communities for projects to construct and deploy broadband service-related infrastructure.” Lee filed amendments to require the FCC auction at least 100 MHz or 150 MHz of spectrum and allocate at least $10 billion for broadband in unserved areas.

Sen. Ed Markey of Massachusetts, Senate Commerce Chair Maria Cantwell of Washington and other Democrats praised the chamber for retaining the broadband funding. It “will help ensure that the ‘homework gap’ does not grow into a damaging learning and opportunity gap for our children,” Markey said. The Consortium for School Networking, Incompas, Information Technology Industry Council and Public Knowledge also praised the funding.

HR-1319 includes $175 million for CPB. Sens. John Barrasso, R-Wyo., and Ron Johnson, R-Wis., proposed cutting that money. America’s Public Television Stations and Protect My Public Media praised the Senate for including it.