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Legislative Potential Seen

Trump's SOTU Broadband Access Called Positive -- Effect Limited

Communications sector officials and lobbyists see President Donald Trump’s mention in his Tuesday night State of the Union of prioritizing broadband access improvements (see 2002040070) as a net positive for policymaking efforts on and off Capitol Hill, but also likely having limited effect. Several believe it will draw further attention to existing work at the FCC, Department of Agriculture and Congress. They noted that probably won't change fundamental hurdles likely to prevent lawmakers from advancing an infrastructure funding legislative package before the Nov. 3 presidential election (see 2001240001).

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Trump said he's “committed to ensuring that every citizen can have access to high-speed internet, including rural America.” It’s the first time he mentioned broadband connectivity as a priority in the annual address, not citing it during calls for Congress to pass infrastructure legislation in 2018 and 2019 (see 1801310071 and 1902060002). Trump again backed rebuilding of “America’s infrastructure.” He asked Congress to pass the America’s Transportation Infrastructure Act (S-2302), which would renew the Fixing America’s Surface Transportation Act. He touted Hill passage of the U.S.-Mexico-Canada Agreement and the U.S.’ “phase one” trade agreement with China (see 2001160022).

Michigan Gov. Gretchen Whitmer said in Democrats’ response to the SOTU that governors from her party are “expanding broadband” access and taking other actions to fix U.S. infrastructure: Congressional Democrats “have presented proposals to keep us moving forward, but [Trump] and the Republicans in the Senate are blocking the path.” House Commerce Committee Chairman Frank Pallone of New Jersey and other House Democrats last week proposed $98 billion in funding over five years for broadband and next-generation 911 projects as part of a larger infrastructure plan (see 2001290052). “Everyone in this country benefits when we invest in infrastructure,” Whitmer said.

House Commerce Committee ranking member Greg Walden, R-Ore., told us before the SOTU he believes there’s an opening for Congress to pass infrastructure legislation before the election. He noted he’s “still got 11 months” before his planned retirement at the end of this Congress (see 1910280020). There are plenty of situations where “nothing’s happening” and “then all of a sudden … it comes together if you’ve done the work,” Walden said. “And that’s the key. If the two sides are willing to sit down and actually hammer it out … you can find a vehicle and get it done.”

Walden acknowledged that "it’s going to take a couple of Congresses” to enact a big plan. “That’s fine too,” he said. “We’ve got to get done what we can” absent a deal on a comprehensive funding measure, including legislation aimed at improving broadband coverage data accuracy. The Senate in December passed (see 1912190068) its version of the Broadband Deployment Accuracy and Technological Availability (Broadband Data) Act (S-1822). House-passed companion HR-4229 was expanded into a larger broadband mapping legislative package (see 1912160052).

Reaction

It’s most heartening to hear [Trump] recognize" that broadband access “is critical for rural parts of America,” said Competitive Carriers Association President Steve Berry in an interview. “It was just one line” in the speech, but “I hope it means this stays on the agenda” since it has become a “priority” for work to improve rural economic growth. The Trump “can do a lot” even without Congress, including FCC work on its new Rural Digital Opportunity Fund, Berry said. The FCC voted along party lines last week to approve the order for the $20.4 billion program (see 2001300001). A 5G fund is next (see 2002050048).

We’ve enjoyed great bipartisan support on the Hill” for broadband legislation, including for HR-4229 and S-1822, Berry said. “We hope” a deal to enact a compromise between the two versions of the broadband mapping measure “will happen … in the coming weeks and months, because it’s very difficult to decide where you’re going to spend funds if you don’t know where you do or do not have coverage.” Policymakers “can be much more targeted and much more focused” on infrastructure funding once the accuracy of that coverage data improves, Berry said. Other lobbyists also cited talks on HR-4229 and S-1822 as the most likely broadband initiative to gain traction as a result of Trump’s speech, since it’s the most advanced on the Hill.

CCA is also “pushing hard” for the FCC to move forward on its work to auction spectrum on the 3.7-4.2 GHz C band “so that you can get mid-band spectrum into the hands of wireless carriers that want to bring that higher-speed access to rural America,” Berry said. FCC Chairman Ajit Pai is expected to announce his proposed C-band auction plan Thursday (see 2002050057). House Communications Subcommittee Chairman Mike Doyle, D-Pa., and others proposed allocating a major portion of C-band proceeds to fund rural broadband projects (see 2001280063).

Brookings Institution Senior Fellow Blair Levin was more skeptical of the effect of Trump’s broadband mention. “You have to distinguish between statements of aspiration and actual execution,” he said. “I don’t think it changes anything.” Trump “just said we should achieve” universal broadband access but didn’t have a plan to make it happen, Levin said. “He is extremely good at stating aspirations as if there’s actually a plan.” Trump halted talks with House Speaker Nancy Pelosi, D-Calif., and others in May on ways to pay for additional broadband and other infrastructure projects because of investigations into his administration (see 1905220076).

House Democrats are working behind the scenes on infrastructure legislation. Questions remain about whether the broadband goals included in the infrastructure plan unveiled last week and pending measures developed by the House Task Force on Rural Broadband will be fully aligned, lobbyists said. A final proposal likely will include the text of the Digital Equity Act (HR-4486/S-1167), the lobbyists said. That bill would allocate federal funding for digital inclusion (see 1909200047).

Trump’s broadband mention drew questions from FCC Commissioner Jessica Rosenworcel. Trump’s call for improved broadband access “Sounds good” but “where's the plan?” she tweeted. “Nothing in remarks last night. Millions of Americans lack the broadband they need for a fair shot at digital age success.”

Praise for the SOTU broadband shout-out came from CTA President Gary Shapiro, Connect Americans Now, NTCA, the Wireless Infrastructure Association and others. The Information Technology Industry Council and the Software & Information Industry Association lauded Trump’s trade remarks.

WIA noted a White House post-SOTU statement on the president's jobs, education and training plan. "This includes training in cutting-edge areas like artificial intelligence, quantum computing, cybersecurity, and secure 5G so workers are able to thrive in the jobs of tomorrow,” the White House said.