Jimm Phillips

Congressional Democrats are considering how to attach additional broadband money to a coming budget reconciliation package (see 2108100062) without violating the agreement a bipartisan group of senators struck on spending for what became the Infrastructure Investment and Jobs Act. The Senate-passed HR-3684 includes $65 billion for broadband. Republicans and some observers caution attempts to include connectivity money this year beyond what was in the bipartisan infrastructure package could backfire.

Democratic senators are actively eyeing how to use a planned $3.5 trillion budget reconciliation package to further boost broadband spending beyond the $65 billion in connectivity money included in the bipartisan Infrastructure Investment and Jobs Act (HR-3684) the chamber passed Tuesday. Republicans told us they’re concerned about such an attempt to double-dip on broadband spending given the amount of money they already agreed to allocate via HR-3684 and a set of COVID-19 aid bills. HR-3684 itself still must clear the majority-Democratic House before it goes to President Joe Biden’s desk.

Senate Commerce Committee ranking member Roger Wicker, R-Miss., said Sunday he now backs the bipartisan Infrastructure Investment and Jobs Act substitute for shell bill HR-3684, and voted to invoke cloture on the measure after earlier opposing efforts to move forward. The Senate voted 68-29 to invoke cloture after a 69-28 vote to adopt the HR-3684 substitute. A final vote on the measure is expected Tuesday morning. A group of senators said Monday they reached a deal on a compromise on rival cryptocurrency amendments (see 2108090050). Wicker cited statements from Sen. Jeanne Shaheen, D-N.H., who co-led work on HR-3684’s broadband language, that “preventing regulation of internet rates was the express intent of the broadband title.” Without that “assurance” and specific language in the measure barring NTIA from using actions related to executing the proposed $42.5 billion broadband equity, access and deployment grants program to “regulate the rates charged for broadband” service, “I would not have been able to support this bill on final passage,” Wicker said. “It is no secret that I have registered my concerns” about language that exempts the NTIA administrator from having to follow some Administrative Procedure Act requirements when making decisions on the grants program. “I hope” NTIA will “take care to avoid the wasteful and costly mistakes” the agency made in implementing the broadband technology opportunities program during the Obama administration “and make sure these broadband dollars are spent efficiently, effectively and with the benefit of stakeholder comment,” Wicker said. He and Senate Minority Whip John Thune, R-S.D., had cited NTIA’s BTOP history as a reason they wanted to shift the $42.5 billion in broadband grants to the FCC’s purview (see 2108050064). Thune, Communications Subcommittee ranking member, was among the Republicans who voted against invoking cloture on HR-3684 Sunday. The Information Technology and Innovation Foundation backs the measure’s broadband language, though it remains “far from perfect,” said Broadband and Spectrum Policy Director Doug Brake. Still, it “likely represents the best path forward for a much-needed and historic investment to close the digital divide.” The Washington Post also praised the proposed broadband funding in an editorial.

Senate Minority Whip John Thune, R-S.D., floated a last-minute bid Thursday to kill a $42.5 billion NTIA-led broadband equity, access and deployment grants program included in the bipartisan Infrastructure Investment and Jobs Act and redirect it to the FCC for similar purposes. The amendment appears unlikely to get a floor vote, in line with expectations on other GOP bids to strike or pare back the $65 billion broadband section of the infrastructure substitute to shell bill HR-3684 (see 2108040072).

Senate Minority Whip John Thune, R-S.D., and Commerce Committee ranking member Roger Wicker, R-Miss., believe it’s unlikely the chamber will hold votes on more amendments aimed at striking or paring back language in the $65 billion broadband section of the bipartisan Infrastructure Investment and Jobs Act filed as a substitute amendment to shell bill HR-3684 (see 2108020061), they told us Wednesday. Senators voted 43-55 Wednesday against one such amendment from Wicker.

Senate Majority Leader Chuck Schumer, D-N.Y., and Minority Leader Mitch McConnell, R-Ky., sparred Tuesday about the pace the chamber will take in considering the bipartisan Infrastructure Investment and Jobs Act, filed as a substitute amendment to shell bill HR-3684. Senate Commerce Committee ranking member Roger Wicker, R-Miss., is leading efforts to amend the infrastructure package’s $65 billion broadband title to address anti-digital redlining and consumer protection provisions some Republicans consider a potential back door to rate regulation (see 2108020061). Senate Democrats and Republicans are working to set up “additional votes” on amendments to the measure, but the chamber needs to “work efficiently to set up those votes,” Schumer told reporters. The “longer it takes to finish” consideration of HR-3684, “the longer we’ll be here” since the Senate “will complete both” the infrastructure bill and a separate resolution to set up a supplemental budget reconciliation package “before we leave for the August recess.” McConnell told reporters he favors “trying to get an outcome” on HR-3684, but the “best way to pass this infrastructure bill is to not try to file cloture today” and speed the process. “This is an extremely important bipartisan bill” and “to try to truncate” the amendments process “on something of this magnitude, I think is a mistake,” he said. If Schumer attempts to file cloture Tuesday to end amendments consideration, McConnell will urge Republicans to filibuster. Senators voted 95-1 Monday in favor of an amendment from Communications Subcommittee ranking member John Thune, R-S.D., and Sen. Jon Tester, D-Mont., to attach language from the Telecommunications Skilled Workforce Act (S-163 and see 2102020072). Sen. Susan Collins, R-Maine, touted on the Senate floor her work with Sen. Jeanne Shaheen, D-N.H., to reach a deal on the package’s broadband language. She hoped the Senate will vote on an amendment from Sen. John Cornyn, R-Texas, that would “give more flexibility to states to invest in broadband using some of the” money they received from previous COVID-19 aid bills. Sens. Rob Portman, R-Ohio; Michael Bennet, D-Colo.; and Angus King, I-Maine, cited the infrastructure package’s inclusion of $42.5 billion for an NTIA-administered Broadband Equity, Access and Deployment grants program, mirroring a proposal in their S-2071.

The Biden administration is working behind the scenes on plans to name Mozilla Foundation Senior Adviser Alan Davidson its nominee for NTIA administrator, former government officials and communications sector lobbyists told us. The White House is facing increased pressure to quickly fill the post since the agency is on course to administer the bulk of $65 billion in broadband money if Congress enacts an infrastructure spending package that a bipartisan Senate group formally filed Sunday. Senate Commerce Committee ranking member Roger Wicker, R-Miss., swiftly filed amendments aimed at addressing anti-digital redlining and consumer protection provisions in the broadband title he sees as a potential back door to rate regulation, as expected (see 2107300054).

Senators voted 66-28 Friday to proceed to debate on a vehicle (HR-3684) for the bipartisan infrastructure spending package, even as a pair of telecom-focused GOP leaders in the chamber said they’re continuing to pursue alterations to the developing measure’s broadband title (see 2107290061). Commerce Committee Chair Maria Cantwell, D-Wash., got a deal from Majority Leader Chuck Schumer, D-N.Y., to address some of her concerns. Leaders of the bipartisan effort hoped final language, to be filed as a substitute amendment, would have been ready Friday night.

Provisions in the $65 billion broadband title in a developing infrastructure spending package weren't completely finalized Thursday, a day after the Senate cleared an initial test cloture vote 67-32 on proceeding to a shell bill (HR-3684). A bipartisan group of senators agreed Wednesday on the outlines of the package (see 2107280065). The Senate will vote Friday on the motion to proceed to HR-3684. Telecom-focused senators in both parties told us through Thursday that the thorniest broadband issue -- the extent of pricing transparency and digital redlining language -- remained in flux.

Bipartisan Senate negotiators were finalizing language Wednesday for their long-sought infrastructure spending package, after reaching a deal earlier in the day to resolve outstanding broadband and other items that had divided the group in recent days (see 2107220040). The measure is expected to keep broadband funding in the package at the agreed-upon $65 billion (see 2106240070), Sen. Susan Collins, R-Maine, told reporters. It’s also expected to include an extension of the FCC-led emergency broadband benefit, part of what’s expected to be a split decision between Democratic and Republican positions on connectivity affordability, lobbyists told us.