Senators Reintroduce Bill for Faster Broadband Permitting on Federal Land

According to reports, on March 5, Senators John Thune, Ben Ray Luján, and John Barrasso reintroduced the Accelerating Broadband Permits Act. The bill's purpose is to improve executive agencies' processing of permit applications to construct communications facilities on federal land. 

As explained in my blog post from August 7, 2024, executive agencies with supervision over federal lands have been found by have problems processing permit applications within the MOBILE NOW Act's 270-day deadline. The Accelerating Broadband Permits Act is intended to help identify instances where the agencies are at risk of missing deadlines deadline and ensure they meet them.

 

The Accelerating Broadband Permits Act isn't a big, wasteful spending bill. It is an agency accountability bill that could help accelerate broadband network on land held in trust or owned by the federal government. Senators Thune, Luján, and Barrasso deserve credit for bringing this bill back. Hopefully, the Act fares better in the 119th Congress and receives timely consideration.

 

(At the time of this blog post, no bill number or link to the bill are available on the Senate's website.) 

President Trump Designates Brendan Carr as New FCC Chairman

As noted in a statement released by the FCC, today, January 20, 2025, President Donald J. Trump signed an order designating Brendan Carr as the new Chairman of the Commission. Congratulations to Chairman Carr, and best wishes for success in steering the agency into new direction for federal communications policy. 

Chairman Carr has many times been a speaker at prior Free State Foundation Annual Conferences, including #FSF16 – FSF's 16th Annual Conference held in Washington, D.C. on March 12, 2024, where then-Commissioner Carr was part of the keynote conversation, "TMT with Mike O'Rielly."

Also, as widely reported on January 16, President Trump intends to nominate Olivia Trusty to fill the vacant position member position on the Commission. Thus, congratulations also are due to Ms. Trusty. Members of the Senate should promptly conduct a committee hearing on her nomination and bring her nomination to a vote.  

Senator Cruz to Intro Resolution to Repeal FCC's Off-Premises Wi-Fi Subsidies

On January 16, Broadband Breakfast reported that Sen. Ted Cruz intends to introduce a joint resolution of disapproval in the Senate to overturn the FCC's July 2024 order granting subsidies for schools and libraries to loan out Wi-Fi hotspots for off-premises use. 

The expected joint resolution of disapproval will be filed under the Congressional Review Act (CRA), which provides a fast-track mechanism for Congress to repeal new agency rules. If passed by 119th Congress, the CRA joint resolution would go to the desk of President-elect Donald Trump for signature. Background on the CRA is provided in FSF Board of Academic Advisors' Member Daniel Lyons' June 2018 Perspectives from FSF Scholars, "The Congressional Review Act and the Toxic Politics of Net Neutrality."

The FCC's July 2024 order for subsidizing off-premises Wi-Fi is a good candidate for repeal under the CRA. As explained in my August 2024 Perspectives from FSF Scholars, "FCC Lacks Authority to Subsidize Wi-Fi Use Away from Schools and Libraries":

Section 254(h) of the Communications Act, on which the Commission relies, authorizes universal service subsidies only to or for "schools," "classrooms," and "libraries." Subsidies for off-premises Wi-Fi use – potentially anywhere in the world – are not included in the statute. The Commission's decision to spend taxpayer dollars without an overall budget cap for off-premises Wi-Fi use is unlawful. 

Thus, a joint resolution of disapproval to repeal the Commission's order is a rule of law measure. 

 

Additionally, Sen. Cruz and others have raised reasonable concerns about the Commission's order causing wasteful taxpayer expenditures and child Internet use in environments without adult supervision. The agency's approved subsidies would come from the E-Rate program, which is funded by universal service surcharges imposed on consumer bills for voice services. 

 

Thanks go to Sen. Cruz for his willingness to take action for government agency accountability, fiscal responsibility, and child safety. 

Senate Bill Would Ensure Timely Broadband Infrastructure Builds on Federal Land

On July 29, Senators John Thune, Ben Ray Luján, and John Barrasso introduced the Accelerating Broadband Permits Act. The purpose of the bill is to improve executive agencies’ processing of permit applications for the construction of communications facility installations on federal land. Under the MOBILE NOW Act of 2018, executive agencies with supervision over federal lands have 270 days to make decisions on applications for permits to build towers, antennas, cables, or any other infrastructure associated with wireless or wireline services. An April 2024 Government Accountability Office Report found problems with agencies processing those applications within the deadline. The Accelerating Broadband Permits Act is intended to address those problems and help identify instances where the agencies are likely to fail to meet the deadline and ensure timely processing.

The FCC has long recognized that local permitting processes are often a major impediment to timely broadband access. The Accelerating Broadband Permits Act would help alleviate that impediment on federal lands. The Act appears to be worthwhile legislation that could help accelerate network infrastructure deployment to underserved and unserved Americans. Much land in western states is held in trust or owned by the federal government, and federal agencies must fulfill the responsibilities that come with being a trustee or property owner, not to mention comply with the MOBILE NOW Act. 

 

Senators Thune, Luján, and Barrasso deserve credit for bringing forward this bill. Several billion dollars in subsidies are going to be distributed by NTIA to the states under the Broadband Equity, Access, and Deployment (BEAD) Program to fund new buildouts. The effectiveness of BEAD Program subsidy dollars will depend, to a significant extent, on having workable federal siting policies in place. The 118th Congress should give the Accelerating Broadband Permits Act timely consideration.  

Senate Bill Would Require USF Contributions From Major Edge Providers and ISPs

On November 16, the Lowering Broadband Costs for Consumers Act of 2023 was introduced in the U.S. Senate. This Universal Service Fund (USF) reform bill would expand the contribution base to include mega-popular edge providers who generate substantial yearly U.S. revenues. The Act comes with bipartisan sponsorship by Senators Markwayne Mullin, Mark Kelly, and Mike Crapo. As of this blog post, the Act has yet to receive a bill number, but the text of the legislation is available on Sen. Mullin's website, along with a press release. The Senate should give this bill due consideration.

 

The Lowering Broadband Costs for Consumers Act provides that, within 18 months of the bill being passed into law by Congress, the FCC "shall complete a rulemaking to reform the Universal Service Fund by expanding the contribution base so that broadband providers and edge providers… contribute on an equitable and non-discriminatory basis" to "specific, predictable, and sufficient mechanisms established by the Commission to preserve and advance universal service." Importantly, the Act would require contributions only from the largest broadband providers and edge providers, as the bill exempts from contribution requirements broadband providers and edge providers that either: (1) transmit less than 3% of estimated broadband data transmitted in the U.S. during the prior year (as determined by the Commission) and earn less than $5 billion dollars in U.S. revenue during the prior year; or (2) would have a "de minimis" level of contribution to universal service under the Commission's mechanisms. 

 

The Act's definition of an "edge provider" includes digital ad services, search engines, social media platforms, streaming services, app stores, cloud computing services, over-the-top or other text-messaging services, videoconferencing services, video game services, and e-commerce platforms. 

 

The sponsors of the Lowering Broadband Costs for Consumers Act should be saluted for introducing legislation that would tackle the serious problem of the USF contribution scheme's fiscal unsustainability. It makes all the sense in the world to require at least some amount of USF contributions from the service providers who are responsible for the overwhelming majority of the Internet's traffic and who financially benefit the most from internet connectivity. Free State Foundation President Randolph May described the USF system's precarious financial situation and the urgent need for contribution reform in our August 2023 public comments filed with the Universal Service Fund Working Group that is led by Sens. Ben Ray Luján and John Thune. 

For other legislation introduced in the 118th Congress that would address the USF contribution scheme, see my blog post from March of this year, titled "Senators Reintroduce Bill to Require FCC Report on USF Contribution Reforms." Therein I describe the FAIR Contributions Act, which would require the Commission to conduct a feasibility study on collecting USF contributions from Internet edge providers.  

Senate Bill Would Improve Permitting for Broadband Projects on Federal Land

On September 21, Senators John Barrasso and Kyrsten Sinema introduced the Closing Long Overdue Streamlining Encumbrances to Help Expeditiously Generate Approved Permits (CLOSE THE GAP) Act. The purpose of the bill is to make permitting processing faster and more efficient for broadband infrastructure projects on federal lands.

Among other things, the CLOSE THE GAP Act would require federal land management agencies – namely, National Park Service, Bureau of Land Management, Bureau of Reclamation, U.S. Fish and Wildlife Service, Bureau of Indian Affairs, and Forest Service  – to adopt new rules for streamlining the process for considering and approving broadband project applications on federal lands. Within a year of the Act becoming law, the Secretary of the Interior would be required to adopt regulations that, the maximum practical extent, require federal land management agency permitting processes be "uniform and standardized." Also, the regulations must require that applications to locate or modify broadband facilities must be granted on a "competitively neutral, technologically neutral, and nondiscriminatory basis." And agency cost recovery fees for locating or modifying facilities must be cost-based. 

 

Additionally, the CLOSE THE GAP Act would make it easier to monitor the status of broadband infrastructure projects by making those projects trackable under the Permitting Dashboard that was established pursuant to the Fixing America's Surface Transportation (FAST) Act of 2015. The Permitting Dashboard is "an online tool for Federal agencies, project developers, and interested members of the public to track" federal environmental reviews and authorization processes for "large or complex infrastructure projects." Additionally, the bill would establish online portals for submissions of Standard Form-299 Applications (SF-299s), which are standard forms required by federal land management agencies in applying for access to rights-of-way, leases, licenses, or permits involving federal lands. 

 

Furthermore, the CLOSE THE GAP Act includes exemptions from the National Environmental Policy Act for broadband infrastructure on federal lands that previously received permit approval as well as exemptions from NEPA and the NHPA for collocations of radio towers on existing towers as well as for removal or replacement of radios on existing towers. These exemptions and others included in the bill would reduce likely unnecessary permitting expenses and delays in building out broadband infrastructure.

 

The permitting process reforms included in the CLOSE THE GAP Act are particularly important in western states like Wyoming and Arizona, where large geographic areas are designated as federal lands. In the past few years, Congress has dedicated over $100 billion to expanding access to broadband services, including about $65 billion in the Infrastructure Investment and Jobs Act of 2021. In order to help ensure that those substantial sums are spent timely and efficiently to bring broadband access to unserved and underserved areas, improved permitting processes should be a priority of Congress. Senators Barrasso and Sinema are to be applauded for introducing the bill. The Senate should give the legislation timely consideration. 

 

The House of Representatives has pending legislation that would streamline permitting processes for broadband deployments on federal lands. For more, see my FSF Blog post from April 23 of this year, "Subcommittee Looks at Legislation Promoting Broadband Infrastructure Buildout," and my May 2023 post, "House Committee Passes Reforms for Broadband Infrastructure Siting on Federal Property." 

 

(Note: A Senate bill number for the CLOSE THE GAP Act has yet been provided. This post will be updated with the number and link to the filed bill when it is made available.) 

SALE Act Would Put Valuable 2.5 GHz Band Spectrum Licenses into Use for 5G

On September 14, Sen. John Kennedy introduced the 5G Spectrum Authority Licensing Enforcement (SALE) Act -- S. 2787. The short and simple bill, if passed, would grant the FCC a 90-day window of authority to process and grant licenses that were won through the Commission's competitive bidding auction for the 2.5 GHz spectrum band.

In March of this year, the FCC's statutory authority to conduct competitive bidding spectrum license auctions lapsed. But what about the Commission's authority to issue licenses that were already won at previously completed auctions? The Commission concluded its 2.5 GHz band auction back in August 2022. It was announced that over 7,800 county-sized licenses were won by 63 bidders. T-Mobile won over 7,100 such licenses and by late September 2022, T-Mobile submitted long-form applications and paid $304 million to the Commission for those licenses. Chairwomen Jessica Rosenworcel reportedly has taken the position that the agency lacks even the authority to issue licenses won – and paid for – in previously completed auctions. As explained in my July 2023 blog post, "FCC's Unreasonable Delay in Withholding 2.5 GHz Band Spectrum Licenses," there is strong basis for disagreement with Chairwoman Rosenworcel's apparent legal conclusion.

The SALE Act would break the impasse and prompt the FCC to finally issue the 2.5 GHz band spectrum licenses to the rightful recipients. In his press release announcing the introduction of the SALE Act, Sen. Kennedy rightly acknowledges that wireless communications are important to his home state of Louisiana, and particularly to rural areas. The same holds true for the rest of the states and their rural areas. Mid-band spectrum is critically important for 5G wireless services. And valuable spectrum licenses that were fairly won at auction and paid for ought to finally be delivered to the auction winners and put into commercial use to benefit Americans.  Sen. Kennedy deserves credit for introducing the SALE Act. Hopefully, the Senate will quickly take up and pass the bill and the House of Representatives will follow suit. 

 

For more on this topic, see Senior Fellow Andrew Long's blog post July 2023 blog post, "Congress Should Reinstate the FCC's Spectrum Auction Authority," as well as his August 2023 blog post, "Commissioner Carr to Congress: Renew FCC's Auction Authority."

 

(Note: This post has been updated to include the Senate bill number and link for the SALE Act, S. 2787.) 

Senate Action Still Needed to Preserve FCC's Spectrum Auction Authority

The FCC's statutory authority to conduct competitive bidding spectrum auctions and issue licenses to winning bidders is set to expire tonight, March 9. As of the writing of this blog post, the Senate has neither passed the S.650 – the temporary extension bill sponsored by Senator Mike Rounds, nor has it passed H.R. 1108 – which was passed by the House of Representatives last week. Hopefully, Congress can find a way to preserve the Commission's authority and thereby avoid any delays or disruptions in future spectrum auctioning and licensing.  

According to reports, there is disagreement between members of Congress over the length of the temporary extension to be granted to the Commission. Apparently, disagreement centers around the prospective reallocation of the 3.1-3.45 GHz band for commercial licensing by the Commission. It is reported that there is a Defense Department report on the 3.1-3.45 GHz band in the works, and that some members of the Senate prefer a lengthier extension so that Congress will have access to the forthcoming DoD report before making addressing future use of the lower 3 GHz band as part of a more long-term extension of the FCC's spectrum auction authority.

As explained in my February 2021 Perspective from FSF Scholars, "Fast Action on the Lower 3 GHz Band Will Secure America's 5G Future," reallocation and licensing of mid-band spectrum is particularly important for timely deployment of private commercial 5G wireless services. Repurposing 3.1-3.45 GHz band spectrum is rightly a top priority for Congress. And Free State Foundation Senior Fellow Andrew Long wrote in a Perspectives from FSF Scholars published on February 23 of this year, "Extending FCC Spectrum Auction Authority is Essential to the 5G Race." Thus, preserving the FCC's spectrum auction authority and the continuity of operations is undeniably necessary for making more mid-band spectrum available for commercial use. 

 

Right now, the onus is on the Senate to move matters forward on extending FCC spectrum authority. But one way or another, Congress needs to promptly work through the impasse and replenish the spectrum pipeline for next-generation wireless services. 

Senators Introduce the Rural Internet Improvement Act

 On November 29, Senators John Thune and Ben Ray Lujan introduced S.5137 – the Rural Internet Improvement Act of 2022. The bill's purpose is to reform existing U.S. Department of Agriculture (USDA) Rural Development broadband programs and ensure that program dollars are directed to connect rural areas that are unserved or underserved.

According to a press release for the Rural Internet Improvement Act, the legislation would do the following: 

1. Streamline USDA's broadband authorities by merging and codifying the popular Rural e-Connectivity Pilot Program (ReConnect) with USDA's traditional broadband loan and grant program;
2. Ensure ReConnect funding is going to areas most in need of reliable broadband service by limiting funding to areas where at least 90 percent of households lack access to broadband service;
3. Enhance the participation of all types of broadband providers in the ReConnect Program by removing unnecessary barriers;
4. Increase transparency by improving the challenge process in the ReConnect Program;
5. Improve the coordination between USDA and the Federal Communications Commission (FCC) on broadband programs; and
6. Require USDA to enter into a memorandum of understanding with the FCC and National Telecommunications and Information Administration to facilitate outreach to rural residents and businesses of available federal programs that promote broadband access, broadband affordability, and broadband inclusion.

No House companion legislation to S.5137 has yet been announced. 

 

The Rural Internet Improvement Act appears to be a responsible and constructive measure for helping to ensure that broadband subsidy programs are efficiently and effectively implemented by USDA. Along with interagency coordination among USDA, NTIA, and the FCC, intra-agency coordination of broadband deployment subsidy programs through streamlined processes or merging of disparate programs is no doubt essential to ensure that precious tax dollars are spent wisely and that duplicative efforts and other forms of fraud, waste, or abuse are avoided. 

 

Congressional oversight is also necessary to help ensure that the billions in subsidies Congress has allocated to promote broadband deployment are well spent. Free State Foundation Senior Fellow Andrew Long addressed this important topic his November 10, 2022 Perspectives from FSF Scholars, "Absent Oversight, the Broadband Funding Faucet Likely Will Overflow." 

After FCC Auction Authority Extension, Senate Should Pass Spectrum Bill

Today, October 3, the Senate passed the H.R. 6833, the "Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023." The bill, which is expected to be signed into law, contains a two-and-a-half-month extension on the FCC's authority under Section 309(j)(11) of the Communications Act of 1934 to conduct spectrum license auctions. Leaving aside opinions about the rest of the bill, H.R. 6833 gives the 117th Congress an additional window of opportunity to take up and pass H.R. 7624, the Spectrum Innovation Act of 2022, before the end of its session.  

If passed by Congress and signed into law, the Spectrum Innovation Act would extend the FCC's spectrum license auction authority to March 2024. Additionally, the Act would direct the Commerce Secretary to identify 200 MHz in the lower 3 GHz band for "non-Federal use, shared Federal and non-Federal use, or a combination thereof." And it would direct the FCC to conduct an auction for licenses in the lower 3 GHz band.

There remains a pressing need for more commercially licensed mid-band spectrum, and the lower 3 GHz band is a prime candidate for repurposing. Indeed, Accenture's late September 2022 report observed that the federal government is the primary user for 3,300 MHz of spectrum between 3 GHz and 8.4 GHz. That amounts to 61% of the lower mid-band spectrum range, with a large percentage of the remainder dedicated to unlicensed use, and only 270 MHz currently available for commercial licensed wireless use. And in a September 22 blog post, Free State Foundation Senior Fellow Andrew Long spotlighted an AnalysysMason report that found the U.S. lags behind its global competitors France, Japan, and the U.K. in the amount of licensed mid-band spectrum available for commercial use by an average of 530 MHz. 

 

In order to effectively repurpose 200 MHz in the lower 3 GHz band, the FCC must retain its power to conduct licensed spectrum auctions and transfer licenses to winning bidders. And successful spectrum license auctions require regulatory certainty in order to draw the interest of auction participants and to maximize auction proceeds. 

As mentioned in a blog post from this summer, the House of Representatives passed the Spectrum Innovation Act on July 27. A joint announcement by the bipartisan leaders of the House Energy & Commerce Committee has highlighted the strong and widespread base of support for the Act and urged the Senate to take prompt action on the bill. The table is now set for H.R. 7624, and the Senate should make passage of the bill a top priority. 

Senators Urge Fixes to NTIA's NOFO for Broadband Subsidies

On August 18, a letter signed by thirteen senators was sent to Secretary of Commerce Gina Raimondo, calling attention to aspects of the NTIA's Notice of Funding Opportunity ("NOFO") for the Broadband Equity, Access, and Deployment (BEAD) Program that are contrary to directives made by Congress in the Infrastructure Investment and Jobs Act. The letter is worthwhile reading and NTIA should take up the senators' recommendations and make changes to its NOFO in order to help ensure that the BEAD Program conforms to the Infrastructure Act. 

One of the problems with the NOFO has to do with its provisions that impose or at least encourage controls on broadband prices. According to the senators' August 18 letter to Secretary Raimondo: 

The law clearly states: "Nothing in this title may be construed to authorize the Assistant Secretary or the National Telecommunications and Information Administration to regulate the rates charged for broadband service." In your recent testimony before Congress on April 27, 2022, you recognized this express prohibition on rate regulation. You also noted that State plans to address affordability may not involve rate regulation. 

 

The NOFO, however, appears to open the door to rate regulation by imposing several requirements not included in the law. The NOFO even suggests a price point of $30 dollars for states to adopt for low-cost options. This appears to be an attempt to pressure Eligible Entities to set rates deemed appropriate by NTIA. Additionally, the NOFO prohibits all data usage-based pricing options, which many existing providers use in conjunction with different tiers of service. This requirement could discourage provider participation by conditioning grants on substantial changes to their current practices. Additionally, the NOFO states that, "each Eligible Entity must include in its Initial and Final Proposals a middle-class affordability plan to ensure that all consumers have access to affordable high-speed internet." A "middle-class affordability plan" is a new term that does not appear in the law. Asking States to pursue various strategies for achieving this new objective, including by requiring "providers receiving [BEAD] funds to offer low- cost, high-speed plans to all middle-class households using the BEAD-funded network," is another indirect form of rate regulation. Elsewhere, the NOFO requires States to review the affordability of a 1 Gbps symmetric service and 100/20 Mbps service as part of their prioritization for program scoring. That requirement is also not part of the law. 

 

Congress did not invite States to adopt rate regulations that the statute plainly prohibits, nor can NTIA go beyond the statutory affordability initiatives in the law. Unfortunately, the NOFO does not fully conform to this clear limitation and, if NTIA or States move in this direction, it could deter participation in the BEAD program. We therefore urge NTIA to rescind or correct these portions of the NOFO and make clear to States that rate regulation of broadband service is prohibited under this program. 

Indeed, NTIA ought to make the changes prescribed in the senators' letter and alleviate these reasonable concerns that the BEAD Program will result in federal price controls on broadband services. 

 

Additionally, the senators' letter calls out the NOFO's provisions that discard technological neutrality by favoring fiber technology. FSF Senior Fellow Andrew Long called attention to this problem with the NOFO and the need for NTIA to correct it in his May 24 Perspectives from FSF Scholars, "Future Guidance Can Fix NTIA's Flawed "Fiber-First" Approach." Also, the letter takes issue with the provisions in the NOFO that give preferences to government-owned broadband networks in the BEAD Program grant award process. Those concerning NOFO provisions were addressed in my May 26 Perspectives, "NTIA's Broadband Subsidies Must Respect State Law Limits on Government-Owned Networks."

 

The senators' letter rightly calls for changes to fix the NOFO's provisions favoring technological non-neutrality and government-owned networks and to bring the BEAD Program more in line with the Infrastructure Act. 

Congress Should Direct Repurposing of Specific Spectrum Bands for Commercial Use

Today, August 2, the Senate Commerce Committee held a hearing on "The Future of Spectrum." Speakers testifying at the hearing spotlighted pressing wireless spectrum issues, including renewing the FCC's spectrum auction authority, repurposing more mid-band spectrum for commercial use, and ensuring better cooperation between agencies on spectrum policy. 

A key point made at the Senate Commerce Committee hearing was that renewal of the Commission's authority should be connected to Congressional directives that specific spectrum bands be repurposed and auctioned for private commercial use:

@CTIA Prez & CEO Meredith Attwell Baker @SenateCommerce hearing: Spectrum policy is out-of-balance in mid-band, with 2/3 held by govt. Lower 3 GHz, 7-8 GHz, and 4 GHz bands should be the immediate focus for maximizing amount of commercial licensed spectrum. #FutureofSpectrum

— Seth Cooper (@CooperFSF) August 2, 2022

Mandates by Congress regarding specific bands will ensure that the agencies take action and that the spectrum is actually repurposed. 

 

The Senate Commerce Committee hearing was particularly timely, as the ongoing 2.5 GHz band spectrum license auction (Auction #108) is the last near-term auction on the FCC's plate, and the House of Representatives passed the Spectrum Innovation Act (H.R. 7624) on July 27. As observed in my July 28 blog, the Spectrum Innovation Act would confer on the Commission an 18-month extension of its spectrum auction authority, which currently is set to expire later this year. The bill also would direct NTIA and FCC to examine and repurpose for public auction the next swath of spectrum in the lower 3 GHz band. Last week, Free State Foundation President Randolph May commended the House's passage of the bill, which is essential to replenishing the spectrum pipeline for next-generation wireless services.

Now it's the Senate's turn to pass legislation that will ensure that the future of spectrum will promote commercial wireless services, the American economy, and jobs. That legislation should extend the FCC's spectrum license auction authority and also mandate the repurposing of lower 3 GHz band as well as other specific bands for commercial use.  

The PATRIA Y VIDA Act Would Help Defeat Despotic Restrictions on Internet Access

Today, Sen. Marco Rubio introduced the Protecting Against Tyrants by Restoring Internet Access and Yielding Vital Interconnectivity in Designated Areas Act – or PATRIA Y VIDA Act. In the words of Sen. Rubio's press release, the bill would "build a strategy to protect internet freedom worldwide and strengthen support for technologies that allow users to evade foreign government-backed censorship and restrictions." The legislation would require the federal government to support and deploy Internet censorship circumvention technologies so that people located in foreign nations Cuba and China that are subject to authoritarian rule can access information. The bill's title commemorates the Cuban peoples' protests from July of this year against their despotic leaders who censored Internet access in that country. 

Sen. Rubio surely is right that the PATRIA Y VIDA Act is important legislation. The Senate should promptly take up consideration of the bill, which would direct the U.S. to do more to push back against despotic foreign regimes.

Republican Senators' $568B Infrastructure Proposal Includes $65B for Broadband

A group of five Republican Senators has released a $568 billion infrastructure framework in response the $2 trillion American Jobs Plan announced by President Biden.

Those lawmakers are Roger Wicker (MS), Ranking Member of the Commerce, Science, and Transportation Committee; Shelley Moore Capito (WV), Ranking Member of the Environment and Public Works Committee; Pat Toomey (PA), Ranking Member of the Banking, Housing, and Urban Affairs Committee; Mike Crapo (ID), Ranking Member of the Finance Committee; and John Barrasso (WY), Ranking Member of the Energy and Natural Resources Committee.

The Biden Plan, one aspect of which I discussed in a recent post to the FSF Blog, would make $100 billion available for broadband-related projects and would "prioritize[] support for broadband networks owned, operated by, or affiliated with local governments, non-profits, and co-operatives."

The Republican counter-proposal, by contrast, would allocate $65 billion out of the $81 billion generated by the recent C-band auction for new spending by the FCC and NTIA.

Be on the lookout in the coming days and weeks for additional commentary from Free State Foundation scholars on broadband spending proposals.

MEDIA ADVISORY: Today's Senate Armed Services Hearing on Ligado

The following is a compilation of a Twitter thread by Free State Foundation President Randolph J. May regarding today's hearing before the Senate Armed Services Committee on the FCC's grant of Ligado's application of L-Band spectrum for its mixed satellite-terrestrial network:

Senate Armed Services Comm. has every right to hold a hearing on @FCC grant of @LigadoNetworks long-pending license application to use L-Band spectrum. But it's disappointing the hearing is so one-sided. FCC based its decision on its technical expertise, and it should be heard. Because grant of @LigadoNetworks will further #5G deployment, it furthers a national security interest. There is widespread agreement US doesn't want to lose #5G race to China or others. I have confidence in the engineering expertise of @FCC re interference determination. To be constructive, focus of the hearing shouldn't be on reversing the FCC decision, but looking towards how FCC should implement mitigation actions IF needed after Ligado net is operational. I have confidence that @FCC has the requisite authority, and would exercise it, IF it turned out that adjustments to @LigadoNetworks license were needed as a matter of national security once Ligado's network is operational.

Senate Passes the USMCA

On January 16, the U.S. Senate passed H.R. 5430, the United States-Mexico-Canada Agreement Implementation Act. The Senate deserves credit for promptly approving the USMCA following its passage in the House of Representatives in December 2019. The USMCA includes several provisions that will help strengthen Americans' copyrights in those neighboring nations. H.R. 5430 has been transmitted to President Trump for signature. 

Free State Foundation President Randolph May and I described the pro-copyright provisions contained in the USMCA and recommended its passage. My April 2019 Perspectives from FSF Scholarspaper, "Trade Agreements Should Include Stronger Online Copyright Protections" and my similarly-titled October 2019 Perspectivespaper, "Trade Agreements Should Strengthen Copyright Protections Against Piracy" also discussed the USMCA's pro-copyright features.

Bipartisan Efforts Toward Resolution on Net Neutrality Deserves Support

The debate over net neutrality regulation is certain to continue this year, and it's also certain to be a topic for discussion at the Free State Foundation's Twelfth Annual Telecom Policy Conference – Broadband Beyond 2020: Competition, Freedom, and Privacy. (Register here for the conference, to be held March 10 in Washington DC.) 

As last year drew to a close, Senators Roger Wicker and Krysten Sinema co-authored a December 23, 2019 op-ed in the USA Today highlighting their continuing efforts to seek a congressional compromise that will protect consumers and provide clear rules regarding broadband Internet service providers' (ISPs) network management practices. The Senators' op-ed contains the practical title: "We need to prepare for internet of the future. Here's how Congress can help." Senators Wicker and Sinema offer a reasonable outlook and hope for a legislative resolution on net neutrality and Internet freedom. Many of their basic points were anticipated by former Congressman Rick Boucher back in 2015, when he addressed the need for a legislative compromise on net neutrality and Internet freedom at FSF's Seventh Annual Conference. 

Right now, congressional resolution of this matter in 2020 may appear to be a long shot. But there is nothing to lose by engaging in discussions, and persistence may even lead to a breakthrough. Congress, industry, public interest groups, activists, consumers, and others ought to recommit to forging a new framework for addressing ISP network management practices.  

Senate Tax Bill Will Stimulate Maryland’s Economy

Earlier this month, the Tax Foundation published a study on the Senate’s version of the Tax Cuts and Jobs Act, finding that the plan would grow the economy while simplifying the tax code and reducing marginal tax rates.  Using the Tax Foundation’s Taxes and Growth macroeconomic model, the study finds that the proposed tax plan will create 925,000 new full-time equivalent jobs and will increase GDP by 3.7% over the next decade. Accounting for the increase in GDP, after-tax incomes will rise by 4.4%.

The Tax Foundation also published a state-by-state impact analysis of the Senate’s proposed plan. In Maryland, the study projected 17,322 new full-time equivalent jobs over the next decade and an average increase in after-tax income for middle-income families of $3,245. Lower marginal tax rates will complement Governor Larry Hogan’s efforts to reform Maryland’s business climate. This will further stimulate Maryland’s economy and improve its long-term fiscal health.

Senate Passes MOBILE NOW Act

Yesterday, the Senate passed the MOBILE NOW Act, which is a vital step towards relinquishing spectrum to meet the increasing demand for mobile services and 5G technology. As it is discussed in an April 2017 Perspectives from FSF Scholars, the MOBILE NOW Act would require the National Telecommunications and Information Administration (NTIA) and the Federal Communications Commission (FCC) to relinquish necessary licensed spectrum. The legislation also would require the FCC to increase access to unlicensed spectrum and to streamline mobile deployment processes. 

Thank you to Chairman John Thune and Ranking Member Bill Nelson of the Senate Committee on Communications, Science and Transportation for their leadership on this bipartisan issue!

Senate Passes Permanent Extension of Internet Tax Freedom Act

Today, February 11, 2016, the Senate passed a permanent extension of the Internet Tax Freedom Act, which would permanently ban state and local taxes on Internet access. Because the House passed its version of the bill in June 2015, the legislation now waits for President Obama’s signature. (See my June 2015 blog on the House passing the bill.)

As I have written many times, along with FSF scholars who have written on the subject, Internet access taxes at any level of the government would make Internet access less affordable for all consumers and, therefore, stifle broadband infrastructure investment from Internet service providers.

Thanks to Congress for passing this important piece of legislation. Now, President Obama must sign the bill in order to keep the Internet affordable for all!