NTIA Pushes States to Include PUCs in Infrastructure Spending

NTIA could require states to include public utilities commissions as they decide how to use federal infrastructure funds, said Doug Kinkoph, associate administrator, NTIA Office of Internet Connectivity and Growth, at NARUC’s partially virtual conference Tuesday. Earlier in the day, the NARUC Telecom Committee axed overbuilding language from a proposed resolution about the coming billions of dollars.

"We have been pushing states -- and we would anticipate requiring states -- to engage in outreach and engagement with subdivisions and key state offices, which include public utilities commissions,” said Kinkoph. "Utility commissions have a key role to play.” PUCs can help identify providers and assess their experience and financial wherewithal, he said. Also, Kinkoph encouraged state commissioners to engage in shaping the low-cost plans that providers are required by law to include. Federal officials urged state commissioners to join broadband talks at the conference Monday (see 2202140034).

“This is music to my ears,” Nebraska Public Service Commissioner Crystal Rhoades (D) emailed us. “State regulators are responsible for understanding the needs on the ground and work with the carriers all the time.” Mississippi PSC member Brandon Presley (D) agreed commissions have a key role to play. Not involving them will lead to an “unmitigated mess,” including possibly duplicating services, he told us.

Most state commissions "would welcome the opportunity to be involved," emailed South Dakota PUC Chairman Chris Nelson (R): They "regularly hear directly from their state residents on where broadband needs are the greatest and are well positioned to use that knowledge in crafting the best solutions for their state." NARUC urged NTIA to at least coordinate with utility regulators in written comments earlier this month (see 2202070053).

The Telecom Committee voted unanimously by voice to adopt the amended resolution, which would ask the FCC, NTIA and other federal agencies awarding broadband funds to work with states and communities to keep grant rules uniform (see 2202010089). It also would urge federal agencies to use FCC broadband maps and adopt GAO guidance on data collection and tracking federal spending and projects. The NARUC board plans to vote on the resolution Wednesday.

The committee adopted the measure without the original draft’s statement that NARUC “seeks to prevent redundant and duplicative allocations of federal and state funding in particular geographic areas, so as to avoid overbuilding networks.” California Public Utilities Commissioner Cliff Rechtschaffen said the overbuilding language could have been “easily misinterpreted” and isn’t “necessary given other protections in the statute.” The draft resolution’s sponsor, Nebraska Public Service Commissioner Tim Schram (R), said he was fine with the cut. “I know when you bring up the term overbuilding, it’s a moving target,” he said. “As speeds change, it does make it difficult for policies.” South Dakota PUC Commissioner Chris Nelson (R) said he liked the removed language but wouldn’t fight for it.

The proposed resolution seeks state-federal collaboration on broadband information as states prepare to receive billions of federal dollars for infrastructure, said Schram in an earlier interview. “The better data that we have collectively, the more accurately we can make decisions on where to deploy broadband in unserved and underserved areas.” Schram was inspired by many state bills surfacing this session on mapping and speed testing accuracy, he said. The commissioner supported one such Nebraska measure in testimony at a hearing last week (see 2202080084). “Internet goes across state lines,” said Schram. “There needs to be consistent federal policy in line with what the states are doing.”

Schram hasn’t seen problematic overbuilding in his state Nebraska, said the commissioner. But when government appropriates large amounts of money, it’s important to have good data and protocols in place to prevent duplicative funding, he said.

NARUC Notebook

Providers are working hard to comply with affordable connectivity program rules, said AT&T, TracFone and Cox Communications officials on a panel at the NARUC conference Tuesday. FCC rules take effect March 16 (see 2202110055). Monday’s White House announcement that the program enrolled 10 million households (see 2202140057) is positive, but it's only 7% of all eligible households, said Ilene Albert, Cox executive director-broadband product management and accessibility. “The biggest opportunity is spreading the word.” Albert urged regulators to help with outreach by sharing information on who qualifies. Partnerships will be critical to building consumer trust and awareness, said AT&T Director-Federal Regulatory Anisa Green.