President Joe Biden signed the American Rescue Plan Act COVID-19 budget reconciliation package (HR-1319) Thursday, a day earlier than expected. Biden’s signoff formally allocates some $7-plus billion for emergency E-rate remote learning, along with additional amounts for state-level broadband projects and emergency CPB funding.
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
The House voted 220-211 Wednesday to approve Senate-passed changes to the American Rescue Plan Act COVID-19 budget reconciliation package (HR-1319), paving the way for emergency E-rate remote learning money. President Joe Biden is expected to sign the bill Friday, White House Press Secretary Jen Psaki told reporters. It includes $7.17 billion for E-rate, $10 billion for state-level broadband and other infrastructure projects, and $175 million for CPB (see 2103080057). Deputy commerce secretary nominee Don Graves, meanwhile, cited his interest in increasing rural broadband deployments during a Senate Commerce Committee confirmation hearing.
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).
Former President Donald Trump criticized Rivada Networks’ support for the U.S. government to make spectrum reserved for 5G available to carriers on wholesale, drawing pushback from the company. Trump’s Thursday criticism of Rivada came via a statement from his Save America PAC that hit back at company adviser and former White House Deputy Chief of Staff Karl Rove over a Wall Street Journal opinion piece in which he panned Trump’s Conservative Political Action Conference speech. Rove “has been losing for years, except for himself,” Trump said. He “came to the Oval Office lobbying for 5G for him and a group. After a lengthy discussion with Rove and Chief of Staff Mark Meadows, I said no, they’re not qualified. Our Nation can do much better!” Rove registered in 2019 as a lobbyist for Rivada amid public attention focused on the company’s wholesale push (see 1904220024). Trump’s reelection campaign in August said his second-term agenda would include a push for building a “National High-Speed Wireless Internet Network,” which officials compared to Rivada’s proposal (see 2008270051). Rivada during the Trump administration “advocated for, and still" supports a request for proposals "to determine the best way to share DOD spectrum between military and commercial uses,” a spokesperson said. “An open and competitive RFP would have determined who was qualified or not, but the previous administration never issued one. Nor did [Trump] take any other steps to allocate or share most of the DOD-controlled mid-band spectrum. We are hopeful that the current administration can do much better.”
House Infrastructure Committee Chairman Peter DeFazio, D-Ore., and other lawmakers met Thursday with President Joe Biden, Vice President Kamala Harris and Transportation Secretary Pete Buttigieg on a coming infrastructure spending legislative push. House Majority Whip James Clyburn, D-S.C., is expected to renew a bid for $100 billion for broadband as part of a legislative package (see 2102100061). “We're going to talk about infrastructure and American competitiveness and what we're going to do to make sure we once again lead the world across the board in infrastructure,” Biden told reporters. “It makes us a hell of a lot more competitive around the world if we have the best infrastructure in the world.” Biden “wants to move as quickly as possible,” DeFazio told reporters. “He wants it to be very big, and he feels that this is the key to the recovery package.” This was a “refreshing” contrast to efforts to reach a deal on infrastructure money during former President Donald Trump’s term, DeFazio said: “It’s just a whole different world. It’s way better.”
Senate Democrats reached a deal Thursday on changes to the American Rescue Plan Act COVID-19 budget reconciliation package (HR-1319), including cuts to proposed funding for E-rate remote learning use (see 2103010050). Lawmakers maneuvered before the vote to alter broadband funding included in the measure, including the $7.6 billion for E-rate, amid wrangling to secure unanimous Democratic caucus support (see 2103030063). The Senate voted 51-50 Thursday to begin formal debate on HR-1319, though there will be further delays because Sen. Ron Johnson, R-Wis., insisted the full bill text be read aloud. Senate Majority Leader Chuck Schumer, D-N.Y., vowed to keep the chamber in Washington until a final vote. “No matter how long it takes, the Senate is going to stay in session to finish the bill this week,” he said. The substitute amendment that the Senate Budget Committee circulated Thursday would cut the E-rate money by $428 million to $7.17 billion, as expected. Sen. Angus King, I-Maine, and other centrist members of the Democratic caucus reached agreement with leadership to allocate $10 billion of HR-1319’s $350 billion in state and local government funding specifically for broadband and other infrastructure projects “directly enabling work, education, and health monitoring, including remote options.” King and three other senators, meanwhile, urged the FCC, Department of Commerce and other federal agencies to “align the definition of what constitutes high-speed broadband service across federal agencies” at 100 Mbps download and upload.
Senators began sparring Wednesday over the American Rescue Plan Act COVID-19 budget reconciliation package (HR-1319), including whether to increase or retain proposed broadband funding. Formal debate on HR-1319 was expected to have begun after a vote to proceed on the measure that may happen Thursday. Lawmakers and communications officials are, meanwhile, looking at whether coming infrastructure legislation should include further funding for E-rate. The House passed HR-1319 last week with $7.6 billion for E-rate remote learning use (see 2103010050).
Sen. Ed Markey, D-Mass., intends to refile legislation “in the coming weeks” to reverse FCC rescission of 2015 net neutrality rules and reclassification of broadband as a Communications Act Title II service, as expected (see 2010290001). At Tuesday's Fight for the Future virtual event, Markey appeared to be referencing his Save the Internet Act (see 1903060077). The House passed that in 2019 (see 1904100062). “There's a new day” on the net neutrality debate under President Joe Biden, with Democrats controlling both chambers, Markey said. He plans to “strongly urge” the FCC to undo the “wrongheaded” rescission of 2015 rules once Democrats retake a majority on the 2-2 FCC. Democrats want Biden to quickly name a permanent chair and a nominee to the vacant seat to get to 3-2 (see 2102050064). Lobbyists expect House Communications Subcommittee Chairman Mike Doyle, D-Pa., to refile the Save the Internet Act. “We're very optimistic for the future” and prospects for passing a net neutrality bill, since Democrats control Congress and the White House, Doyle said. “We just can't afford to have the government asleep at the wheel when it comes to broadband and other essential services,” as “we have for the last four years” during Donald Trump’s presidency, Doyle said. “We need a cop on the beat and rules of the road.”
The Senate confirmed Gina Raimondo as commerce secretary Tuesday in a bipartisan 84-15 vote, as expected. Senate Commerce Committee ranking member Roger Wicker of Mississippi and Communications Subcommittee ranking member John Thune of South Dakota were among the Republicans who backed Raimondo, after previously voting to advance her out of committee (see 2102030065). The 15 Republicans who opposed Raimondo on the floor included Sens. Ted Cruz of Texas and Marco Rubio of Florida, both of whom complained she hadn’t unequivocally ruled out the Commerce Department rolling back restrictions on Huawei and other Chinese telecom and tech firms (see 2102010069). Cruz placed a hold on Raimondo, delaying confirmation (see 2102050064). “Nominees will never be more engaged, more transparent or more forthcoming than during their confirmation process,” so Raimondo's refusal “to be any of these speaks volumes to how she would act” if confirmed, Cruz said on the floor. “There has been a rush to embrace the worst elements of the Chinese Communist Party in the Biden administration, and that includes” Raimondo. “We’re just about six weeks into the Biden presidency,” and the administration “has already been keen on lifting the restrictions on Huawei since the very first week,” Cruz said. “Where will we be six months from now? A year from now? Prohibiting the use of platforms like Huawei and safeguarding American technology from being exploited by Chinese espionage infrastructure are commonsense measures to protect American national security.” Stakeholders congratulated Raimondo, including BSA|The Software Alliance, CTIA, MPA, TechNet and USTelecom.
The House Rules Committee was meeting Friday afternoon to consider amendments and set up a floor schedule for the American Rescue Plan Act COVID-19 budget reconciliation package (HR-1319), which includes $7.6 billion for E-rate remote learning (see 2102100061). Three proposed amendments deal with telecom issues, though only one would seek to modify HR-1319’s E-rate funding language. House Rules ranking member Tom Cole of Oklahoma and other Republicans continued to oppose the measure. House Commerce Committee Chairman Frank Pallone, D-N.J., highlighted E-rate during the hearing as part of “assistance for struggling families.” The funding is needed to “expand internet connectivity to help students and teachers without home internet service,” Pallone said. Republicans “are serious about working on a timely, targeted” pandemic relief package, but Commerce’s part of HR-1319 doesn’t measure up, said committee ranking member Cathy McMorris Rodgers of Washington. She complained that Commerce didn’t consider its proposals “through regular order” and that Democrats voted down GOP amendments (see 2102120066). One committee-level proposal would have restricted E-rate to schools and libraries that have fully reopened. Another would have redirected the money to an NTIA pilot to fund “covered partnerships” for broadband projects. House Commerce Committee member Rep. Greg Pence, R-Ind., proposed an amendment to require the FCC to “establish a priority system that prioritizes” E-rate for schools and libraries in unserved and rural areas. A proposal led by House Agriculture Committee ranking member Glenn Thompson, R-Pa., would allocate $800 million for USDA broadband programs; $300 million would go to the distance learning and telemedicine program. The Broadband Access Loan program would also get $300 million. The Community Connect and Middle Mile programs would each get $100 million. Rep. Michael Burgess, R-Texas, sought an amendment to direct the Department of Health and Human Services to issue guidance to “clarify strategies to overcome existing barriers and increase access to telehealth under the Medicaid program.”