Law360
(February 15, 2023, 7:17 PM EST) -- Two senators are trying to make the vetting
process tougher for rural broadband telecoms trying to get their hands on Federal
Communications Commission-provided high-cost subsidies aimed at closing the
digital divide with a new bill.
It's the second time Sens. Amy Klobuchar, D-Minn., and Shelley Moore Capito,
R-W.Va., have introduced the Rural Broadband Protection Act — it died last year
in committee — which they say will help make sure that only carriers who can
provide the connectivity rural Americans need get funding from the Connect
America Fund.
Capito said that conversations with small rural service providers "made it
abundantly clear the FCC needs congressional direction to ensure taxpayer money
is being used properly to fund broadband deployment in rural areas."
The bill, reintroduced Wednesday, would help maximize the federal broadband
subsidies flowing into her state "by verifying that providers can actually
deliver on the promises made to bring high-speed internet to specific
areas," she said in a statement.
Three pages long, the bill would require that applicants for Connect America
Fund subsidies include in their proposal "sufficient detail and
documentation for the commission to ascertain that the applicant possesses the
technical capability, and has a reasonable plan, to deploy the proposed network
and deliver services" in line with what the FCC expects.
When providers get money from the Connect America Fund, which is intended to
help subsidize the cost of expensive infrastructure building in areas that need
it, it comes with strings attached. Service providers who received subsidies to
help narrow the digital divide must have succeeded in providing internet to 40%
of the homes and businesses they promised to within three years and increase
that by 20% each subsequent year.
Several broadband trade groups were ready to voice their approval alongside the
announcement.
USTelecom said
that ensuring telecoms followed through on their word was essential, adding
that "accountability and transparency must be bedrock principles of any
government program aimed at closing the digital divide."
National
Telephone Cooperative Association also signaled its approval for the
bill, hinting that the changes it would make are a long time coming, saying
that the trade group has "long advocated for proper vetting of those
seeking funding, and on behalf of our small, community-based providers who have
a proven track record of offering robust and reliable broadband."