Cable broadband operators are solidly behind a bill that could reduce the potential overbuilding power of some of the Biden Administration's billions of dollars in infrastructure investment. Potential overbuilding is a big issue given the size of the broadband investment -- about $65 billion -- and the Administration's signals that price and quality will factor into where it concludes broadband is not available sufficient to the public's needs.

Sen. John Thune (R-S.D.) is the lead sponsor of the Connect Unserved Americans Act, which would take several steps to reduce the amount of overbuilding allowed in serving the unserved.

“We strongly support Sen. Thune’s bipartisan Connect Unserved Americans Act which increases the USDA ReConnect Program’s unserved requirement for funding provided by the Infrastructure Investment and Jobs Act from 50% to 80%," said NCTA-the Internet & Television Association.

Also: GOP: Broadband Money Must Go to Unserved

The bill also addresses the issue of multiple broadband subsidy programs and the possibility of funding overlap. "The legislation also requires the Treasury Department to coordinate with the USDA, NTIA and the FCC to ensure each of those government agencies’ broadband programs are working effectively with each other to not duplicate funding in communities where a grant or loan has already been provided," said NCTA.

NCTA argues the bill's changes are about standing up for unconnected communities and improving the efficiency of government programs. ■

Public Knowledge's message to the Senate Wednesday (May 13) will be that broadband is an essential service currently without universal access, a digital divide that must be closed in a COVID-19 reality with money prioritized to municipal broadband and co-ops and with Congress removing limitations on "overbuilding." 

Related: Groups Petition FCC for Broadband Billions During Pandemic

Public Knowledge says that any government money toward that end should be conditioned either on funding competing service in undserved areas--municipal broadband and co-ops-- or mandating that ISPs serve areas they do not currently take subsidies to build out because they are unprofitable over time. 

That is according to the testimony of senior advisor Gene Kimmelman for a hearing in the Senate Commerce Committee on broadband and COVID-19. He said Congress' must not only look at short term measure but long-term investments in expanding access to those in need in all communities, rural, suburban and urban, and by access he means to "reliable, resilient and sufficient" broadband service, and to both unserved and underserved.  

Kimmelman said government policies creating more affordable broadband should supersede the state bans or impediments to municipal broadband. 

Related: Comcast Extends Connectivity Pledge

He suggested Congress may need to allocate as much as $80 billion for a universal buildout, citing FCC estimates that that is what it will cost to deploy nationwide broadband. He said Congress should prioritize municipal broadband and co-ops when handing out the money. 

ISPs have traditionally pushed back on such efforts as government-subsidized overbuilds of their existing service that often aren't sustainable as ongoing operations once the build-out subsidies run out. 

He also said Congress should force the FCC to come up with better broadband availability data and to treat state broadband grants as complements, not replacements, for federal efforts. The FCC has said a new broadband buildout fund should be reserved for areas not already getting broadband grants from other sources. 

Related: COVID-19 Bill Should Build Lasting Broadband Legacy

And while there has been an emphasis on digital learning for K-12, Kimmelman said Congress should also pass the Connectivity for Higher Education Students in Need Act, which provides money for post-secondary schools. 

Kimmelman's other asks included a ban on data caps, reinstating FCC copper retirement rules, and requiring the FCC to collect detailed data on broadband pricing. 

In the wake of the Trump Administration declaration of rural broadband buildouts as a key infrastructure goal, the House Communications Subcommittee leadership has unveiled their legislative priorities for broadband buildouts, and targeting "unserved" areas is chief among them.

Subcommittee chair Marsha Blackburn (R-Tenn.), who was a Trump transition team member and who was in attendance for the President's rural broadband announcement at a speech in Nashville, released a set of four resolutions that she signaled represent the groundwork for the larger legislative lift on broadband infrastructure.

In addition to directing funding to currently unserved areas, rather than, say, underserved, which raises the specter of overbuilding existing plant based on however "underserved is defined, the resolutions are to "ensure federal policy treats all broadband providers in a technology-neutral manner, applying consistent rules that support innovation"; to "ensure wireless broadband infrastructure funding preference for states that support small cell siting reform, helping ease the permitting process in communities across the country; and to "ensure Federal, state, and local tax, regulatory, permitting, and other requirements are coordinated and reconciled to maximize the benefits of broadband investment."

The President this week signed two executive orders that make it easier to site communications equipment on federal lands.

“Members of the House Energy & Commerce Committee today sent a clear message that broadband is central to our nation’s infrastructure," said USTelecom CEO Jonathan Spalter. "These 'broadband first' resolutions will pave the way to efficient and effective broadband deployment – the backbone of all communications from ground to cloud to 5G and beyond. This is great news for consumers and our global competitiveness.”

"I commend the Subcommittee on Communications and Technology, chaired by Representative Marsha Blackburn, for its leadership in promoting broadband infrastructure deployment," said FCC Commissioner Brendan Carr, who has put his vote where his sentiments are in FCC efforts to ease tower citings and promote broadband buildouts. "As the four resolutions introduced today by Vice Chairman Leonard Lance, Chairman Bob Latta, Representative Richard Hudson, and Representative Gus Bilirakis recognize, broadband is key to job creation and economic growth. So I applaud Chairman Blackburn and the Subcommittee for their continued focus on removing barriers to broadband buildout. These efforts will help ensure that all Americans—regardless of where they live—can benefit from next-generation technologies."