Legislation

The Supreme Court, which dealt a major blow to the power of federal agencies in June, agreed to consider another: whether Congress violates the Constitution by delegating broad discretion to them. The so-called nondelegation doctrine has been largely dormant since 1935, when the Supreme Court struck down New Deal laws for granting too much leeway to agencies with insufficient guidance.

We are grateful that the Supreme Court has granted certiorari and will review the Fifth Circuit’s finding that the universal service contribution mechanism is unconstitutional as currently structured.

I am pleased that the Supreme Court will review the Fifth Circuit’s misguided decision. For decades, there has been broad, bipartisan support for the Universal Service Fund and the FCC programs that help communications reach the most rural and least-connected households in the United States, as well as hospitals, schools, and libraries nationwide. I am hopeful that the Supreme Court will overturn the decision that put this vital system at risk.

Under your leadership, the National Telecommunications and Information Administration (NTIA) has repeatedly ignored the text of the Infrastructure Investment and Jobs Act in administering the $42.45 billion Broadband Equity, Access, and Deployment (BEAD) program.

T-Mobile is part of the consortium that won Louisiana's biggest Broadband Equity Access and Deployment (BEAD) award. However, the company declined to provide much detail about the role it's playing. "We'll be bringing wireless service on our 5G network," a T-Mobile representative wrote. The representative declined to provide details. Thus, it's not clear whether T-Mobile is funding the consortium, or whether it will provide fixed wireless or mobile services to Louisiana's BEAD locations. 

Former Federal Communications Commission Chairman Ajit Pai said Congress should fund the $8.1 billion Universal Service Fund through annual appropriations. “I do think that the time has come for Congress to shift this to a general appropriation,” said Pai, FCC chairman from 2017 to 2021. “[If USF were funded by appropriation] we wouldn’t have this situation now where we’re essentially getting more and more money from a declining base of contributors.”

Otis, Massachusetts, isn’t the sort of place you expect to spend a lot of time online. For Kirsten Paulson, who lives part time in Otis, that’s all a selling point. Another major one: Her internet service is better here than at her home outside Washington (DC). That’s because the town of 1,500 people built its own network to fill in the gaps left by private providers, which don’t offer high-speed internet in Otis.

The National Telecommunications and Information Administration (NTIA) is expected to soon begin distributing $1.25 billion in grants to nonprofits under the “Digital Equity Competitive Grant Program” (Program) “to support efforts to achieve digital equity, promote digital inclusion activities, and spur greater adoption of broadband among Covered Populations.” The Program’s Notice of Funding Opportunity (NOFO) establishes that applicants must use the funding to serve members of “Covered Populations,” defined to include “individuals who are members of a racial or ethnic minority group.” This

The Department of Commerce’s National Telecommunications and Information Administration (NTIA) has approved and recommended for award an application from Vermont, allowing the state to request access to more than $5 million to implement its Digital Equity Plan. This funding comes from the $1.44 billion State Digital Equity Capacity Grant Program, one of three Digital Equity Act grant programs created by the Bipartisan Infrastructure Law.  Vermont will use the $5,299,150 in funding to implement key digital equity initiatives, including:  

The Department of Commerce’s National Telecommunications and Information Administration (NTIA) has approved and recommended for award applications from Nebraska, New Hampshire, Oregon, South Carolina, South Dakota, Texas, and Wyoming, allowing them to request access to more than $100 million to implement their Digital Equity Plans. This funding comes from the $1.44 billion State Digital Equity Capacity Grant Program, one of three Digital Equity Act grant programs created by the Bipartisan Infrastructure Law. The states can request access to: