Telecom-focused lawmakers want to see more information on how a bipartisan infrastructure proposal President Joe Biden backed Thursday structures broadband spending. Some Democrats also cited a likely follow-up bill to address, via budget reconciliation, infrastructure spending not in this compromise as a potential vehicle for more connectivity money. The Biden-backed deal includes $65 billion for broadband, the same the administration previously offered during unsuccessful talks with Senate Republicans (see 2105270072).
Jimm Phillips
Jimm Phillips, Associate Editor, covers telecommunications policymaking in Congress for Communications Daily. He joined Warren Communications News in 2012 after stints at the Washington Post and the American Independent News Network. Phillips is a Maryland native who graduated from American University. You can follow him on Twitter: @JLPhillipsDC
Lawmakers need to adopt a technology-neutral approach to broadband spending in a final infrastructure spending package rather than back President Joe Biden’s legislative proposal for “future-proof” networks in a way that would direct most spending to fiber, Sen. Marsha Blackburn, R-Tenn., told a Wednesday virtual FCBA event. She echoed what some other Senate Communications Subcommittee Republicans said during a Tuesday hearing (see 2106220066). The goal of closing the digital divide is falsely “conflated with discussions of future proofing” and global competitiveness, Blackburn said; The focus should be on getting more basic broadband infrastructure into unserved areas. Proposals to target significant funding toward networks capable of delivering a minimum of 100 Mbps symmetrical are “a roadblock” to wider access and represent a “separate policy prerogative,” she said. Rural Americans “need broadband now” and shouldn’t be ignored in favor of a push for a “Cadillac network” that would exclude “millions” of people. “Digging trenches through the hills of east Tennessee isn’t necessarily a practical solution,” Blackburn said. She said lawmakers can “reach consensus” on achieving both expanded access and future proofing, but that’s impossible “if we focus exclusively on fiber” and don’t allocate some money to wireless and other tech. Senate Commerce Committee ranking member Roger Wicker, R-Miss., wrote the Agriculture, Education and Treasury departments Wednesday asking them to report on distribution of broadband funding in COVID-19 bills. Congress “spent billions of dollars” to "fund multiple programs across the federal government that support the expansion of broadband connectivity and services to unserved and underserved locations,” Wicker said. “It is critical that both Congress and the agencies ensure that these funds are distributed in a way that avoids overbuilding, duplication of funding, and wasteful spending.” Blackburn told FCBA she believes lawmakers can pass privacy legislation this Congress. She cited planned hearings (see 2106100064) and said the parties are “not that far apart” on major aspects of a comprehensive measure. Blackburn also eyed the Senate’s approach to antitrust legislation aimed at curbing major tech companies (see 2106230063).
Huawei believes the U.S. should “put the evidence out there” to justify recent actions to curb the presence of the Chinese telecom gear vendor’s products on U.S. networks, the company's U.S. Chief Security Officer Andy Purdy said during an episode of C-SPAN’s The Communicators set to telecast this weekend. The 5th U.S. Circuit Court of Appeals Friday denied Huawei’s challenge to the FCC ban of its equipment from networks funded by the USF (see 2106220053). Commissioners are to vote July 13 on congressionally mandated changes to its system for replacing insecure U.S. network equipment from Huawei and fellow Chinese vendor ZTE (see 2106210062). U.S. restrictions hurt Huawei “pretty badly in terms of our ability to do business” in the country, Purdy said. “Things are not going very well.” If “Huawei has done bad things, show us” so “the whole world can see so that they don’t just need to create incentives” not to buy Huawei products, he said. “There is not such evidence” and there “is no connection” between Huawei and the Chinese government “other than any other company around the world would have.” The U.S. shouldn’t “do things” like the FCC did in using “predictive judgment” to justify its anti-Huawei actions, Purdy said. “That’s not really consistent with the rule of law approach” that federal agencies generally employ.
A Tuesday Senate Communications Subcommittee hearing on network resiliency issues turned into a debate about the contours of broadband spending in an infrastructure legislative package, as expected (see 2106210058). Supporters and critics of President Joe Biden’s infrastructure proposal (see 2103310064) focused on his call for building “future-proof” broadband networks and the extent to which that could limit funding to only fiber networks. Chairman Ben Ray Lujan of New Mexico and other Democrats also eyed how to advance resiliency measures, including the Generating Resilient and Energy Efficient Network (Green) Communications Act (S-1506).
The Wireless Infrastructure Association and others are expected to argue at a Tuesday Senate Communications Subcommittee hearing that lawmakers should consider network resiliency issues as they decide the contours of connectivity language in upcoming infrastructure spending legislation. Subpanel lawmakers said they intend to look at how to move forward on a to-be-refiled version of the Reinforcing and Evaluating Service Integrity, Local Infrastructure and Emergency Notification for Today’s (Resilient) Networks Act (see 2102160067) and other resiliency-centric bills. The partly virtual hearing begins at 2:30 p.m. in 253 Russell.
House Small Business Rural Development Subcommittee members eyed connectivity hurdles that small businesses face, during a Wednesday hearing. “Factors like low population densities, rugged terrain and fewer subscribers to spread deployment costs among have contributed to a lack of investment in broadband networks by private companies,” said Chairman Jared Golden, D-Maine. Ranking member Jim Hagedorn, R-Minn., backed Agriculture Committee GOP leaders’ Broadband for Rural America Act (HR-3369) and criticized President Joe Biden’s broadband infrastructure spending proposal (see 2103310064). HR-3369 would codify USDA’s ReConnect broadband program and set annual funding for its rural connectivity programs at $3.7 billion (see 2105210059). The administration’s plan “to prioritize investments in municipal broadband is concerning,” Hagedorn said. “I worry that, given over one-third of our country has" municipal broadband network "restrictions in place, this will lead to implementation issues and put rural America further behind.” If “broadband infrastructure is going to achieve its promise, we need to make sure federal funds flow to the solutions these communities want, including making it much easier to fund a community-owned network,” said ConnectMaine Authority Executive Director Peggy Schaffer. It’s “critical that the vast majority of future funding should go toward providing a minimum of” 100 Mbps symmetrical “and networks capable of scaling to a gigabit or more,” said Center on Rural Innovation Executive Director Matt Dunne. “To do otherwise is only setting ourselves up for a rural-urban divide five years from now even after a massive infrastructure investment.”
Congressional Democrats are pressing harder for President Joe Biden to name a permanent FCC chair and a fifth commissioner, citing the need for a majority to act on changes to net neutrality rules and other priorities unlikely to garner GOP support. Lawmakers remain publicly hopeful the administration will soon announce its FCC nominees. Privately, Senate Democrats in recent days told the White House their patience on FCC nomination delays has evaporated, aides said.
President Joe Biden plans to name Lina Khan to permanently lead the FTC once she's sworn in as a commissioner. Hours earlier, the Senate voted 69-28 Tuesday to confirm her. Khan drew bipartisan Senate support, as expected (see 2106100069). FTC supporters, pressed Congress to increase FY 2022 funding and enact legislation to restore its FTC Act Section 13(b) consumer redress authority.
The House Science Committee unanimously advanced Tuesday the National Science Foundation for the Future Act (HR-2225), setting up a likely showdown on whether the chamber will approve that bill rather than the rival Senate-passed U.S. Innovation and Competition Act (S-1260). Chairwoman Eddie Bernice Johnson, D-Texas, prefers HR-2225’s approach to countering Chinese tech R&D. S-1260 would establish an NSF Technology Directorate; HR-2225 would establish a generalized Directorate for Science and Engineering Solutions.
The Senate voted 69-28 Tuesday to confirm Lina Khan to the FTC. The chamber had voted 72-25 Monday night to invoke cloture on Khan, including all 50 Democratic caucus members and 22 Republicans.