Sen. John Thune (R-S.D.) has introduced the Rural Connectivity Advancement Program Act of 2020, which would require the FCC to tithe from its auction revenues to subsidize rural broadband buildouts in unserved areas. 

The bill would require that 10% of net proceeds from competitive bidding FCC auctions--the C-Band auction, for example--through Sept. 30, 2022 would be placed in a "Rural Broadband Assessment and Deployment Fund" in the Treasury. 

Related: Thune Urges FCC to Stick to C-Band Auction Deadline

Net proceeds means all money left after relocation payments, payments for license relinquishment, and bidding credits. 

The FCC will get to borrow--at no interest--from the Treasury against that net revenue starting when it announces the results of an auction.  

The money is to be used to close gaps in high-cost areas that the FCC's High-Cost Universal Service Fund expenditures have not closed and shortfalls in High-Cost funding. 

The money would have to be handed out in an efficient and cost-effective, and technologically neutral manner, though there can be weighting for performance and quality of service. The speed will have to be at least 25 mbps downstream/3 mbps up, the FCC's current benchmark for high speed broadband. 

"Today more than ever, broadband connectivity is a necessity — not a luxury," said Fiber Broadband Association president Lisa Youngers. "The Fiber Broadband Association and its members support the Rural Connectivity Advancement Program and appreciate this effort to bring unconnected rural communities into the 21st century with high-speed access. By establishing a permanent funding source for rural broadband that will supplement current resources and utilize existing programs, this bill has the potential to deliver rapid results for rural Americans in more communities across our country. We are thankful to Senator Thune for his forward-looking leadership and remain committed to working with Congress to bridge the digital divide and connect all Americans, both rural and urban, with high-speed fiber broadband.”

NATE: The Communications Infrastructure Contractors Association liked the sound of all that potential new broadband buildout money.

“NATE commends Sen. John Thune for his continued strong leadership on communications issues that benefit citizens, companies, and industries throughout the United States," it said. "We are particularly pleased to endorse the ‘Rural Connectivity Advancement Program Act of 2020." This bill will help to promote broadband services in rural America by providing funding for communications infrastructure expansion,” said NATE president Todd Schlekeway.

Add a couple more drums to the drumbeat for FCC Chairman Tom Wheeler to publish the text of his app-based set-top proposal as a further notice of proposed rulemaking (FNPRM) so that there could be public comment on plan, which has changed at least a couple of times from his initial "unlock the box" proposal.

On Friday (Sept. 30), Sen. John Thune (R-S.D.), chairman of the Senate Commerce Committee, wrote Wheeler to make that pitch. Wheeler has said that the public has had a couple years to comment, suggesting that FNPRM isn't happening.

“Your new proposal is intended to benefit consumers, yet those same consumers are not currently able to read this far-reaching new plan," said Thune. "For a rulemaking that is expected to take years before it is fully implemented, there is no need or urgency for the Commission to rush behind closed doors to adopt a final order."

That is a reference to the fact that while the item did not get a public vote, it is on circulation, where once it gets three votes it is on the clock and would after a couple of weeks be de facto approved whether the other commissioners had voted it.

"Sunlight in government proceedings is critical for ensuring outcomes that provide the most benefit possible for the American people," said Thune, who also referenced a call by Democrat Tony Cardenas (D-Calif.) for publication.

After the chairman nixed a vote on the proposal at the Sept. 29 public meeting--he clearly did not have the necessary three votes for an item he said was getting some last minute editing and content-tweaking--the calls for him to publish the text grew.

Also on Friday, the Multicultural Media, Telecom and Internet Council (MMTC) echoed that call for public comment. "

Yesterday’s action should prompt the FCC to ask the public for feedback on the current proposal to assist the commissioners in arriving at the best possible result for current and future television viewers, as well as content creators,” said MMTC President Kim Keenan. "The deletion of the set-top box item from the open meeting agenda validates our concerns and provides the agency an opportunity to be more transparent about the details," she said.

Sen. John Thune (R-S.D.) and Rep. Fred Upton (R-Mich.), the chairs of the Senate Commerce Committee and House Energy & Commerce Committee, respectively, say they are working on legislation that would protect against online discrimination and blocking and even paid prioritization without reclassifying Internet access under Title II.

Cable operators have argued they can live with some form of all of those rules, but not under Title II common carrier regs they say could be disastrous for innovation and investment. The White House is backing Title II and does not buy those arguments, according to an official who spoke to reporters Tuesday about the President's high-speed broadband initiatives.

"We need unambiguous rules of the road that protect Internet users and can help spur job creation and economic growth," they wrote. "The rules we propose would prohibit blocking and throttling (the selective slowing of data), and also ensure that Internet service providers could not charge a premium to prioritize content delivery."

That still leaves a chance for user-directed prioritization, which is one option for paid prioritization offered up one ISP.

But they ague that using Title II, which they brand Roosevelt-era utility regs, could result in billions in higher fees, be applied to mobile broadband, which faces unique network management challenges, and would almost certainly "perpetuate years of litigation and even more uncertainty for consumers and job creators."

In a co-bylined piece for Reuters, Thune (pictured) and Upton said they were working with both sides of the aisle on compromise rules, but any Democrats signing on would have to go against the President, who has said Title II is the way to go.