Lobbyists turn to infrastructure law's implementation

The $1.2 trillion bipartisan infrastructure bill is enshrined into law, but the lobbying over its implementation is just getting started. Internet service providers (ISPs) are expected to aggressively lobby the National Telecommunications and Information Administration as it crafts new internet rules under the infrastructure bill’s $65 billion broadband expansion plan. The relatively tiny agency has six months to develop a proposal that will require recipients of federal broadband funding to provide a low-cost broadband option and encourage states to explore alternatives to dominant ISPs such as coops, nonprofits and municipalities. The NTIA will have the final say as to what kinds of speeds and prices providers must offer. An aggressive broadband plan could hurt the bottom line of ISPs that have long operated in underserved communities without any competition. “The language in the legislation offers a baseline of requirements that need to be met, and it provides some flexibility to the agencies to interpret just how far they can go,” said Greg Guice, director of government affairs at Public Knowledge. “Competition, affordability, speed, reliability, resiliency — with all of those things there is some flexibility, and ISPs would like to keep them at a minimum level,” he added. States will play a key major role in implementing the broadband rules. That’s another lobbying avenue for ISPs, which successfully pushed more than a dozen states to adopt rules limiting or blocking municipal broadband networks. The Federal Communications Commission, meanwhile, is tasked with creating regulations requiring ISPs to disclose their network performance, data collection, and other key factors to customers. The FCC must also craft rules that prevent ISPs from discriminating on customers based on a region’s income or demographic characteristics.

The NTIA has not had a permanent director for more than two years, while the FCC is currently missing a commissioner. Senate Democrats plan to hold a confirmation hearing for President Biden’s picks to fill those positions on Dec 1. “Having these vacancies linger into next year would be unacceptable,” Guice said. “There’s a lot expected of these agencies, and to not have full leadership just hobbles their ability to get done what Congress asked them to do.”