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Round-Up for the Week of May 13-17. 2024

On May 15, 2024, the House of Representatives passed the National Telecommunications and Information Administration Reauthorization Act of 2024 (H.R. 4510). Tucked in the 100-page bill is a call for the National Telecommunications and Information Administration's (NTIA) Office of Internet Connectivity and Growth to develop and submit to Congress a national strategy to close the digital divide. Here is a quick look at what Congress is asking for.

Goals of the National Strategy

The national strategy to close the digital divide would have four main goals:

1. Support better management of Federal broadband programs to deliver on the goal of providing high-speed, affordable broadband internet access service to all individuals in the United States; 
2. Synchronize interagency coordination among covered agencies for Federal broadband programs; 
3. Synchronize interagency coordination regarding the process for approving the grant of an easement, right of way, or lease to, in, over, or on a building or any other property owned by the Federal Government for the right to install, construct, modify, or maintain infrastructure with respect to broadband internet access service; and
4. Reduce barriers, lower costs, and ease administrative burdens for State, local, and Tribal governments to participate in Federal broadband programs. 

Covered Agencies

The legislation is aimed at "covered agencies" within the federal government:

• Federal Communications Commission (FCC);
• U.S. Department of Agriculture (USDA);
• NTIA;
• Department of Health and Human Services (HHS);
• Appalachian Regional Commission (ARC);
• Delta Regional Authority; 
• Economic Development Administration (EDA which, like NTIA, is located within the Department of Commerce);
• Department of Education; 
• Department of the Treasury;
• Department of Transportation;
• Institute of Museum and Library Services (IMLS);
• Northern Border Regional Commission;
• Department of Housing and Urban Development (HUD); and
• Department of the Interior.

Each of these agencies is supposed to contribute to the National Strategy to Close the Digital Divide. NTIA is also asked to consult with groups that represent consumers or the interests of the public, including economically or socially disadvantaged individuals; subject matter experts; providers of broadband internet access service; Tribal entities; and state and local agencies and entities. 

Contents of the Strategy

Congress would require the strategy to include eleven elements:

• A list of all federal and state broadband programs;
• A description of current efforts to coordinate federal broadband programs;
• Identification of  gaps, limitations, and requirements—including laws and data—that hinder coordination across federal broadband programs;
• Clear roles and responsibilities for heads of covered agencies as well as clear goals, objectives, and performance measures for the management and coordination of broadband programs;
• The sources and types of resources and investments needed to carry out the strategy as well as where these resources should be targeted;
• Factors that increase the costs for state, local, and Tribal governments to participate in federal broadband programs;
• Incentives and legislative solutions to help state, local, and Tribal governments more efficiently administer funds received from federal broadband programs;
• Improved coordination and management of federal broadband programs;
• Current efforts by covered agencies to streamline the process for granting access to an easement, right of way, or lease to a building or any other property owned by the federal government for the right to install, construct, modify, or maintain infrastructure with respect to broadband internet access service;
• Gaps and limitations to allowing regional, interstate, or cross-border economic development organizations to participate in Federal broadband programs; and
• Addressing specific issues relating to closing the digital divide on Tribal lands. 

Implementation Plan

About eight months after NTIA develops the strategy, it must submit to Congress a plan to implement the strategy. That plan must include:

• Roles, responsibilities, goals, objectives, and performance measures for the management of federal broadband programs and interagency coordination efforts identified in the strategy; 
• A description of the roles, responsibilities, goals, objectives, and performance measures as well as a coordination plan for covered agencies identified in the strategy; 
• Regular meetings among the heads of the covered agencies to coordinate the implementation of the strategy and improve coordination among federal broadband programs and for permitting processes for infrastructure with respect to broadband internet access service;
• Regular engagement with interested members of the public to evaluate federal broadband programs, permitting processes for infrastructure with respect to broadband internet access service, and progress in implementing the strategy; 
• Common data sets to use when making broadband program awards, including a requirement that covered agencies use the National Broadband Map;
• A plan to monitor and reduce waste, fraud, and abuse in federal broadband programs, including wasteful spending resulting from fragmented, overlapping, and unnecessarily duplicative programs;
• Consistent reporting by covered agencies for federal broadband programs;
• A plan to increase awareness of, and participation and enrollment in (including addressing barriers to participation) Federal broadband programs relating to the affordability and adoption of broadband internet access service—as well as common data sets to evaluate the performance of such programs;
• Monitoring the service offerings, consistency, and quality of broadband internet access service supported by federal broadband programs; and 
• A description of the administrative and legislative action that is necessary to carry out the strategy. 

Shortly after the implementation plan is submitted to Congress, NTIA and the heads of the covered agencies must brief Congress on the plan. 

NTIA will be responsible for implementing the strategy and reporting to Congress on its progress. 

The Government Accountability Office (GAO) is tasked with examining the efficacy of the strategy and the implementation plan in closing the digital divide and making recommendations regarding how to improve both. GAO must report to Congress on this examination within one year of NTIA sharing the implementation plan with Congress.

Bill Moves to Senate

In proposing the original legislation calling for a national strategy to close the digital divide, Rep. Tim Walberg (R-MI) said, “Experts have testified that we have enough funding to bridge the digital divide but don't have the proper strategy. The PLAN for Broadband Act will increase coordination among all relevant federal agencies, prevent wasteful and duplicative efforts, and increase efficiency to close the divide.”

"Historic federal funding alone cannot close the digital divide — we must also invest the necessary time and planning to effectively allocate these resources to the communities that need it most," said cosponsor Rep. Annie Kuster (D-NH). "I am proud to introduce this bipartisan legislation with Rep. Walberg to develop a national strategy to deliver high-speed broadband across the country and prevent wasteful, redundant spending. I will continue fighting to streamline our efforts to close the digital divide here in New Hampshire and beyond."

The final vote (374 in favor vs just 26 against) on the NTIA Reauthorization Act demonstrated deep bipartisan support for the measure. 

Subcommittee on Communications and Technology Chair Bob Latta (R-OH), the sponsor of the legislation with Ranking Member Doris Matsui (D-CA), said, "We must move H.R. 4510, the NTIA Reauthorization Act, through the Senate and to the President's desk."

After the vote, Rep. Matsui said, “From closing the digital divide and spectrum governance to AI and cybersecurity, rapid American innovation continues to elevate the crucial role of the NTIA. That’s why Chairman Latta and I introduced the first reauthorization of the NTIA in over three decades. In an increasingly interconnected world and complex technological landscape, it is imperative that the federal government speak with a unified voice. The NTIA Reauthorization Act, which includes my Spectrum Coexistence Act, ensures the NTIA is empowered to do what is necessary to keep America the vanguard of global tech leadership. I applaud my colleagues for passing this bipartisan legislation and urge the Senate to do the same quickly."

"Today's passage of the NTIA Reauthorization, including the PLAN for Broadband Act is an important step to closing the digital divide," said Rep. Walberg. "Rep. Kuster, our Senate colleagues, and I have recognized the need to utilize the GAO study to increase efficiency and better prevent wasteful and duplicative efforts. Broadband is an essential component to life in the modern world, and we must make sure no one is left behind. We look forward to its consideration in the Senate."

"Rural communities in New Hampshire and across the country rely on broadband services to stay connected – we must ensure that federal funding is spent effectively to allocate resources to the areas that need it most,” said Rep. Kuster. “I’m pleased that my bipartisan legislation to develop a national strategy to deliver high-speed broadband across the country and prevent wasteful, redundant spending passed the House. I urge my colleagues in the Senate to quickly pass this reauthorization to streamline our efforts to close the digital divide here in New Hampshire and beyond."

The House's version of the full NTIA reauthorization legislation does not have a companion bill in the U.S. Senate, but the legislative language for developing a national strategy to close the digital divide does have support in the Senate. In July 2023, Sen. Roger Wicker (R-MS) introduced the Senate version of the Plan for Broadband Act (S.2238). The bill's cosponsors are Sens. Ben Ray Luján (D-NM), John Thune (R-SD), Peter Welch (D-VT), Alex Padilla (D-CA), James Lankford (R-OK), and Tommy Tuberville (R-AL).

Quick Bits

• Congressional hearing in Bakersfield (CA) focuses on rural broadband debate
• US mobile prices sky high after T-Mobile's Sprint buy (LightReading)
• Secretary of Treasury Janet Yellen on Rural Broadband Expansion (Department of the Treasury) 

Weekend Reads

• BEAD Report: Grading States’ Initial Proposals for Federal Broadband Funds (ITIF)
• Investments in Rural America (White House)
• A Bipartisan Roadmap for Artificial Intelligence Policy (US Senate)
• AI & Politics ’24 (Elon University)

ICYMI from Benton

• Digital and Educational Equity: How States Plan to Partner with Educational Institutions
• The Bad Business of BEAD
• Could It Be Me? Should It Be Me? Understanding What Makes Broadband Champions
• Another Vehicle for ACP Funding
• Congress, Call a Vote on the Affordable Connectivity Program Extension Act
• Would You Like a Little Competition with Your Broadband?
• As ACP Funding Dwindles, What is the Future of Broadband Affordability?

Upcoming Events

May 21—Rural Economic Development Summit: Broadband Infrastructure and Workforce Opportunities (Federal Reserve Bank of Philadelphia)

May 21—Broadband Deployments in State DOT Rights-of-Way (NTIA)

May 22—Legislative Proposal to Sunset Section 230 of the Communications Decency Act (House Commerce Committee)

May 22—What Makes Broadband Champions: Lessons from Michigan (Benton Institute)

May 22—What’s the Deal with Open Access? (Fiber Broadband Association)

May 23—May 2024 Open Federal Communications Commission Meeting (FCC)

The Benton Institute for Broadband & Society is a non-profit organization dedicated to ensuring that all people in the U.S. have access to competitive, High-Performance Broadband regardless of where they live or who they are. We believe communication policy - rooted in the values of access, equity, and diversity - has the power to deliver new opportunities and strengthen communities.

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