Infrastructure Talk Troubles Worry Broadband Backers

Broadband-focused lawmakers and industry supporters are wary about the trajectory of a bipartisan infrastructure package, amid widespread perceptions that talks are falling apart. A framework that President Joe Biden backed in June allocates $65 billion for broadband (see 2106240070). The House Rules Committee was, meanwhile, considering broadband-focused amendments to an FY 2022 appropriations “minibus” (HR-4502) Monday, before a likely floor vote later this week. The committee was eyeing a proposal to zero out CPB. The underlying HR-4502 includes $388 million for the FCC, almost $390 million for the FTC (see 2106300028), more than $907 million for Department of Agriculture rural broadband programs and $565 million for CPB in FY 2024.

Members of the bipartisan Senate group working on the infrastructure measure were further apart in negotiations Monday than late last week, aides told us. Republicans rejected a “global offer” from the White House and Senate Democrats Sunday that aimed to resolve hurdles, including some on broadband, aides said. “I’m always optimistic” even amid reported acrimony, Biden told journalists. “Don't do the infrastructure deal” with Democrats now, former President Donald Trump urged Senate Republicans in a statement. “Wait until after we get proper election results in 2022 or otherwise, and regain a strong negotiating stance.”

The bipartisan group "has had nearly five weeks of negotiations" since they announced their agreement with Biden, Senate Majority Leader Chuck Schumer, D-N.Y., said on the floor. "It's time for everyone to get to yes" on a legislative deal. Senators "should be on notice" that the chamber "may stay in session through the weekend in order to finish the bill" and could stay in past the scheduled start of the August recess, he said.

Major parts of the broadband title are in flux, but the amount slated for NTIA-administered state-level grants remains at $40 billion (see 2107210063), telecom lobbyists said. Language on digital equity and literacy programs also remains intact, they said. The amount allocated to address broadband affordability isn’t finalized, amid a push from Sen. Susan Collins, R-Maine, to reduce it from $11.75 billion, lobbyists said

Collins and others are pondering whether to reduce the amount of money recipients of the FCC-administered emergency broadband benefit would get per connection to $30 once the program’s existing $3.2 billion allocation runs out, lobbyists said. Lawmakers are considering whether to pare back some of the broadband title’s consumer protection language, including provisions directing the FCC to do a proceeding and collect data on prices, plus a push for commission action on billing transparency, lobbyists said.

Bipartisanship Woes

Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., said last week he’s continuing to urge the bipartisan group to enact broadband language that ensures “100% connectivity” and “future-proof” networks. “It’s important for the administration to make it abundantly clear that they also want to see 100% connectivity” with service that's reliable and affordable, he told us. “Affordability has to be as much a part of this” as reliability and speed. “Various technologies may be needed” to achieve universal connectivity, but the goal should still be to “future-proof this and have the fastest speeds” possible, Lujan said.

NTCA CEO Shirley Bloomfield is surprised the broadband title remains under contention. “Last week, I had a chance to talk to some of the Republican senators” involved and Collins then said there was widespread agreement that they needed to address connectivity in the package, Bloomfield told us Monday. She cited recent increased opposition from some major ISPs as one reason the broadband language is in dispute. “It would be a real shame if an industry food fight is what slows down our progress” on the digital divide, Bloomfield said.

“Nobody’s going to be completely happy” with how the broadband title turns out because there’s “no perfect solution,” Bloomfield said. “I’d like to see a move toward higher speeds” for projects that get money from the package, but “we can work with” the 100 Mbps download/20 Mbps upload threshold included in drafts. She would prefer “the affordability piece is easy for carriers to implement” and is aware some entities “don’t want a low-income piece at all.”

The bipartisan group has made “a huge amount of progress” and “it seems to me that they are very close to an agreement,” said Schools, Health & Libraries Broadband Coalition Executive Director John Windhausen. “There’s still a national crisis on our hands” and “we need a massive investment if we want to solve the digital divide,” he said. “We ought to be investing now, before the next crisis.”

SHLB supports the “structure” of draft broadband language, Windhausen said: The group wants the proposed money for NTIA middle-mile grants increased from $500 million to $10 billion, though allocating the full amount will be “hard to accommodate” given the overall $65 billion constraint. SHLB wants the lawmakers to give anchor institutions a higher priority for receiving the state-level broadband grants, on par with unserved areas, Windhausen said.

At least 125 telecom companies and other entities lobbied the federal government on general broadband infrastructure policy during Q2. That’s up from 102 during the same period in 2020 and 119 in Q1. Forty-six entities mentioned the Accessible, Affordable Internet for All Act (HR-1783/S-745) led by House Majority Whip James Clyburn, D-S.C., and Sen. Amy Klobuchar, D-Minn. Thirty-one cited the House Commerce Committee Democrats’ Leading Infrastructure for Tomorrow's (Lift) America Act (HR-1848).

Appropriations

Proposed broadband amendments to HR-4502 include one from Rep. Adam Kinzinger, R-Ill., that would bar the FCC from regulating “rates charged for broadband internet access service.” Rep. Gregory Murphy, R-N.C., proposes defining “infrastructure” as including broadband. Rep. Jason Smith, R-Mo., wants to increase FCC funding by $10 million for “more research, infrastructure, and resources for deployment of rural broadband.”

Rep. Roger Williams, R-Texas, proposes reallocating $70 million currently purposed for climate change-related USDA activities for the department’s broadband programs. Rep. Rodney Davis, R-Ill., wants to expand eligibility for USDA’s ReConnect by setting the threshold for unserved rural areas at 25/3 Mbps.

Rep. Scott Perry, R-Pa., is leading the drive to eliminate federal CPB funding, which Trump repeatedly tried to do during his time in the White House (see 2002100056). Protect My Public Media urged its supporters to contact their members of Congress in opposition to the proposal before House Rules consideration of Perry’s amendment.

Rep. Lauren Boebert, R-Colo., wants to bar the FCC from issuing “licenses to radio broadcast applicants who are under the control of China.” House Rules may also consider funding bills for NTIA, other Commerce Department agencies and the DOJ Antitrust Division (HR-4505) later this week.