House Democrats to Draw Infrastructure Broadband Language From Current Bills

The all-Democratic House Task Force on Rural Broadband has “been working closely” with Pelosi’s office and others to develop broadband legislation, a Democratic Hill aide emailed. “There is wide agreement across the Democratic Caucus that significant investment in broadband is necessary.” House Majority Whip Jim Clyburn, D-S.C., formed the task force in May (see 1905130053). House Commerce Committee Chairman Frank Pallone, D-N.J., is closely involved in developing a legislative package with the Infrastructure Committee and others "that will rebuild America, combat climate change, and strengthen our economy," a committee spokesperson emailed. "He looks forward to unveiling the proposal soon."

The broadband language is expected to go well beyond what Democrats proposed in the Leading Infrastructure for Tomorrow’s (Lift) America Act (HR-2741), their most recent infrastructure legislative proposal, lobbyists said. The package would allocate $80 billion for broadband projects, double the $40 billion proposed in the Lift America Act. HR-2741 also would include $12 billion in grants for implementing next generation-911 technologies and $5 billion for federal funding of a loan and credit program for broadband projects (see 1706020056).

The package will draw text from several broadband and telecom bills filed this Congress. It will include the Connect America Act (HR-3278), the Broadband Infrastructure Finance and Innovation Act (HR-4127) and the Digital Equity Act (HR-4486/S-1167), lobbyists said. HR-3278 would require the FCC to create a program to expand broadband access to unserved and underserved areas and unserved anchor institutions. It would fund broadband projects using 75 percent of the proceeds from a national reverse auction. HR-4127 would require NTIA to establish a broadband infrastructure finance and innovation program that communities and public-private partnerships can use. HR-4486/S-1167 would allocate federal funding for digital inclusion (see 1909200047).

The pending measure includes language addressing other Democratic telecom priorities, including a requirement the FCC begin collecting information on ISPs’ rates. The information would be accessible by federal agencies, but not the public, lobbyists said. The bill would bar the FCC from instituting an overall USF budget cap, something House Democrats previously attempted via the appropriations process (see 1906260081). The legislation would permit municipal broadband in states where such networks are currently prohibited. It would cancel the FCC’s 2017 tribal Lifeline order. The U.S. Court of Appeals for the D.C. Circuit vacated and remanded much of the order last year (see 1904100056).

Senate Communications Subcommittee Chairman John Thune, R-S.D., believes it’s possible for Congress to tackle an infrastructure package this year, but it will require a shift in Congress’ focus away from the impeachment of President Donald Trump. “If we can get past this current chapter we’re in right now, I think there’s an opportunity to do some legislative activity” on infrastructure and other matters “that would be really good for the economy,” he told us. It’s an open question whether “we can do a big, broad package or do something that’s more along the lines of taking” a bill reauthorizing the Fixing America’s Surface Transportation Act “and figuring out ways we can use it to accommodate additional investment in infrastructure."

NTCA CEO Shirley Bloomfield isn’t optimistic Congress can advance a broad infrastructure funding measure this year. She believes the Democrats’ pending bill can help spur discussions ahead of next Congress. “I really thought we had some momentum” toward an infrastructure deal after the 2018 election, something that hasn’t come to fruition given the May breakdown in talks between Trump and Democrats (see 1905220076), Bloomfield told us. “The problem with putting something out there now” is that new legislation will be a “good discussion piece, [but] everybody’s going to be so preoccupied” with the campaign to make any real progress toward advancing it.

“People just get distracted” in election years and “start using things as a political ping-pong ball, when if there’s one bipartisan thing we should be doing, it’s infrastructure,” Bloomfield said: “I hope” Democrats’ pending legislation will help lawmakers “tee up” potential infrastructure funding solutions for swift action in 2021, when there’s likely to be more “willingness” toward compromise.

Lobbyists view Democrats’ proposal as a messaging bill aimed at criticizing Trump for his failure to reach a deal on infrastructure funding. Leading 2020 Democratic presidential candidates issued proposals for major broadband funding, including former Vice President Joe Biden, Sen. Bernie Sanders, I-Vt., and Sen. Elizabeth Warren of Massachusetts. Experts question whether the candidates’ focus on broadband will help shift support among rural voters, who moved away from Democrats in 2016 voting (see 1909040061).

Former New York City Mayor Mike Bloomberg, a late entrant into the Democrats’ 2020 contest, pledged last week to “expand broadband access to 10 million more Americans by 2025 and to all by 2030.” He didn’t commit to a funding figure.