“States have reported that the NTIA is directing them to set rates and conditioning approval of initial proposals on doing so. This undoubtedly constitutes rate regulation by the NTIA,” the letter said. “Without visibility into the approval process, Congress is unable to determine how widespread this practice is.”

They’ve asked NTIA to provide all communications between its officials and state broadband offices regarding the review and approval process for initial proposals as well as the factors or conditions that are preventing state entities from having their initial proposals accepted. They’ve also asked for the agency to provide rationale for why those communications could not be made public.

Former FCC Commissioner Michael O’Rielly said in a post on X that it was great news that Congress would be putting “NTIA’s BEAD manipulation” under a microscope. ACA Connects also came out in support of the call for more transparency from NTIA as it continues its implementation of BEAD.

“Our members know that restrictive requirements that result in rate regulation will deter investment & make it hard to close the digital divide, especially in rural America,” CEO Grant Spellmeyer said in an X post.

Further critiques of the BEAD program came during a House Commerce hearing Tuesday morning on the FCC’s FY25 budget. Commissioner Brendan Carr, who has been outspoken in his disappointment over the pace of progress as it relates to BEAD, characterized the $42 billion program as one that is going off the rails.

“It’s not been 967 days since President Biden signed this $42 billion plan into law. 967 days later, not one person has been connected to the internet with those dollars. Not even one shovel’s worth of dirt has been turned in those 967 days, and it gets worse,” Carr said. “The administration says that no construction projects will even start until next year at the earliest. This makes President Biden’s signature $42 billion initiative the slowest-moving broadband development program in recent history.”

But not every committee member took kindly to the criticisms of the BEAD program. Democrats admonished those on the other side of the aisle for being so critical of the Biden Administration and FCC Chairwoman Jessica Rosenworcel, particularly when it came to BEAD and the lapse in funding for the Affordable Connectivity Program. Rep. Anna Eshoo (D-CA), who is retiring at the end of this Congress, used perhaps her final minutes to speak to the FCC during an official hearing to celebrate the accomplishments of the agency since Rosenworcel became chair and to criticize Carr for his harsh words on the management of the BEAD program.

“To disparage BEAD and other undertakings of the Commission that really look after the working stiffs in this country I think is just dead wrong. When we push people down, we’re hurting ourselves,” Eshoo said “Our country is made up of extraordinary, ordinary people and when our policy strays from that, we stray away from the core of what this democracy is all about.”

The FCC’s controversial proposal to eliminate bulk billing arrangements for Americans living in multi-tenant environments also drew quite a bit of attention during the hearing with Rep. Gus Bilirakis (R-FL) saying he had received letters from approximately 140 constituents since the FCC released the proposal. They were unanimously in opposition to the proposal with the vast majority of the messages coming from those residing in senior living communities on fixed incomes. Rep. Robin Kelly (D-IL) also noted some concern among her constituents on the impact of such a ban.

Rosenworcel said she has received complaints from folks that are unhappy with the existing situation for those living in MTEs, often asking why everyone else gets to see competition in their area, but those subjected to bulk billing arrangements don’t get that experience. They also complain about having to pay for service provided to a community if they don’t want to use it.

“What we’re proposing is a rulemaking to ask those questions, mindful that there are some constituents including folks like the ones you described who might like these services,” Rosenworcel said. “But it’s been 14 years since we looked at this issue and 14 years in broadband is a long time. We want everyone to have the benefit of competition, so opening this issue up for public comment, I think, is the right thing to do.”

The post House Commerce Attacks NTIA for BEAD Breakdown appeared first on Cablefax.

The Communications Act currently authorizes the president to take control of communications facilities or equipment in certain circumstances, and has the possibility for a presidential order that leads to Americans not being able to access the internet. The proposed bill limits the president’s authorities; requires the president to notify Congress and senior Executive Branch officials within 12 hours of any shutdown, and requires approval within 48 hours from three-fifths of both the House and the Senate (including one-quarter of the minority party in each chamber).

“The internet occupies a central place in American life and provides a venue to exercise many of our freedoms. Our Constitution and laws place checks on arbitrary and expansive executive power in other spheres, and the internet deserves the same protections,” said Rep Griffith in a statement. “This bill would create guardrails so that any internet shutdown would require the consent of the people through their elected representatives.”

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