Senator Thune (R-SD) Launches Nationwide Broadband Oversight Effort

US Senator John Thune (R-SD) will launch a nationwide oversight effort that will review numerous broadband programs spanning several federal agencies. The primary goal of Thune’s effort is to hold these agencies accountable and ensure that previously authorized broadband funding is being used in the most efficient way possible to protect taxpayer dollars. Sen Thune seeks input on the current broadband regulatory structure from a diverse group of stakeholders, including broadband associations, public interest groups, and free market think tanks. In light of the importance of ensuring federal dollars for broadband services are implemented properly and broadband deployment more generally, Sen Thune asks organizations to provide comments on the current broadband regulatory structure and their organization’s priorities, as well as provide responses to the following specific questions no later than Friday, January 6, 2023:

• As part of the Infrastructure Investment and Jobs Act (IIJA), Congress established a technology-neutral approach for the Broadband Equity, Access, and Deployment (BEAD) program. Do you believe the National Telecommunications and Information Administration (NTIA) followed Congress’ intent in establishing a technology-neutral approach? If not, should Congress consider amending the IIJA statute to make it more explicit that all technologies are allowed to participate? If so, how?
• In the BEAD Notice of Funding Opportunity (NOFO), there are detailed reporting requirements on subgrantees who do not use a unionized workforce or a project labor agreement. As a practical matter, do you think this favors certain providers over others? Does Congress or NTIA need to take further action to remove this requirement?
• The BEAD NOFO promotes government-owned networks. Do you believe government-owned networks are an effective entity to deploy broadband networks? If yes, please explain.
• One of the provisions of the IIJA requires products and materials used for broadband projects to be produced in the United States. Given the current supply chain issues, should Congress consider modifying this obligation or otherwise clarify this provision?
• The Broadband Buildout Accountability Act, S. 3671, would remove the Freedom of Information Act exemption in the BEAD program. Should Congress enact this legislative proposal? If not, why?  
• Are there other technical issues in the BEAD program that Congress should address before NTIA announces funding allocations by June 30, 2023?

The following questions relate to general broadband issues:

• As noted above, there are over 130 programs supporting broadband access across 15 agencies. 
  • To date, which of these programs do you believe has had the most success in delivering broadband services to truly unserved areas?
  •  Should Congress consider eliminating any of these programs? If so, which ones?
  •  Should Congress merge and combine any of these programs? If so, which programs would be best suited to be merged?
• What specific reforms and constraints should Congress consider ensuring federal funds are not being awarded where providers are receiving other federal or state broadband funding support? 
• Should Congress take additional action in response to concerns that broadband funding may be conditioned upon recipients imposing some form of rate regulation of broadband services, whether or not such requirements are explicitly denominated "rate regulation?” If so, what reforms and constraints should be implemented?

A full list of questions can be found here.