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FTC, CPB Funding Level

Senate Appropriations Wants FY '21 Increases for FCC, NTIA

The Senate Appropriations Committee proposed increases in the FY 2021 budgets for the FCC, NTIA, Patent and Trademark Office and National Institute of Standards and Technology but would leave funding for the FTC and CPB level with FY 2020. The committee’s proposed funding for the FCC to implement the Broadband Deployment Accuracy and Technological Availability Act, a broadband mapping law (S-1822), fell short of what the commission and others sought. Senate Appropriations released draft versions of its 12 appropriations bills Tuesday, before conference negotiations with House leaders on compromise FY 21 funding measures. Congress must either pass appropriations measures or another continuing resolution to extend government funding before the existing CR expires Dec. 11 (see 2010010041).

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As negotiations with the House begin in earnest, I look forward to working” with House Appropriations leaders and Senate Appropriations Vice Chairman Patrick Leahy, D-Vt., “to resolve our differences in a bipartisan manner,” said committee Chairman Richard Shelby, R-Ala. “Time after time, we have demonstrated our willingness to work together and get the job done.”

I am very disappointed that the majority chose to cancel Committee mark ups of the FY 2021 bills and that the bills were not considered by the full Senate, eliminating the ability of members to offer amendments,” Leahy said. “Our goal is to work with the House to conference,” and Senate Appropriations’ draft bills “will help us move forward in this process. Many of the bills were the result of bipartisan work, and I appreciate those areas where we were able to come to agreement.”

Senate Appropriations proposes allocating the FCC $354 million for FY 2021. That’s 3% above what President Donald Trump’s administration proposed in February (see 2002100056) and more than 4% above what Congress appropriated for FY 20. It’s almost 6% below the $376 million the House allocated in a combined FY 21 bill passed in July (see 2007310053).

The FCC money would include $15 million for implementing S-1822, almost 77% less than the $65 million FCC Chairman Ajit Pai sought (see 2003230066). Senate Appropriations’ budget justification encourages the FCC and NTIA “to coordinate to help improve our Nation’s broadband coverage data through the maintenance and distribution of the National Broadband Map and the underlying data.” The committee directs the agencies to “submit a report within 90 days of enactment of” FY21 appropriations “that outlines the specific roles and responsibilities of each agency as it relates to the National Broadband Map and implementation of” S-1822.

Senate Appropriations “remains concerned about the ongoing issues of overstated coverage maps” that led the FCC to ditch Mobility Fund Phase II last year and repurpose $9 billion in USF funds for that program and others for the now-approved 5G Fund (see 1912040027). The committee is “concerned about the lack of enforcement action that came from the investigation into potential violations of” MF-II “mapping rules by carriers." It directed the FCC to submit a report on the “criteria used to determine if a carrier was found in violation of mapping rules and overstating coverage” and “the criteria used to determine enforcement action or fines.”

The 5G Fund “fails to provide adequate details or a targeted spend plan on creating seamless coverage in the most rural parts" of the U.S., Senate Appropriations said. “5G deployment in rural locations will likely run into geographic barriers and infrastructure issues preventing the close linking of technology," the committee said. It directs the FCC to issue a report on “its plan for 5G deployment in rural areas and mapping development for the long-term tracking of coverage” and “how it is prioritizing deployment of 4G coverage in rural areas.” Commissioners approved the 5G Fund order last month 3-2 (see 2010270034).

USTelecom and nine agriculture groups urged congressional leaders Tuesday to appropriate the full $65 million for S-1822 implementation. “There is bipartisan agreement that our current broadband mapping process is fundamentally flawed, seriously overstating coverage in rural census blocks and leaving too many Americans without access to the service they deserve,” the groups wrote Senate Majority Leader Mitch McConnell, R-Ky., House Speaker Nancy Pelosi, D-Calif., and their minority counterparts. “To make progress to close the digital divide, we need better, more granular and more accurate maps.”

Senate Appropriations proposes $331 million for the FTC, on par with its FY 20 allocation and Trump’s budget proposal. The House approved $341 million. The committee allocates more than $188 million for DOJ’s Antitrust Division. That’s 4% more than the House approved and on par with Trump's request. It’s 13% more than what Antitrust got in FY20. The panel would give the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency just over $2 billion, almost 10% less than the House approved. That’s 15% more than the Trump administration sought and almost 7% more than the agency got in FY20.

NTIA would get almost $45.6 million, nearly the same as the House approved. It’s almost 37% less than Trump wanted but more than 12% above what Congress gave the agency in FY20. The committee would allocate $3.7 billion to PTO, on par with what Trump proposed and the House approved. That’s 7% above what Congress allocated that office in FY 20. The committee proposes $1 billion for NIST, on par with what the House approved and 33% above what Trump wanted. It’s just over 1% more than Congress gave the agency in FY 20.

Senate Appropriations proposes maintaining CPB at $465 million, rather than increasing it to $515 million, as the House approved. America’s Public Television Stations is “grateful” Senate Appropriations wants to keep CPB at least level, but “we hope the $50 million increase … is included in the final appropriations package.”