Bill of the Month — August 2023: Broadband Buildout Accountability Act

The Taxpayers Protection Alliance’s (TPA) Bill of the Month for August 2023 is the Broadband Buildout Accountability Act, introduced by Sen. Rick Scott (R-Fla.) and Rep. August Pfluger (R-Texas), alongside a diverse group of members. This legislation would make actions or decisions of the National Telecommunications and Information Administration (NTIA) on the Broadband Equity, Access, and Deployment Program (BEAD) subject to the Freedom of Information Act (FOIA).

Background:

The BEAD Program was authorized $42.5 billion as a part of the $65 billion authorized for broadband infrastructure under the Infrastructure, Investment and Jobs Act (IIJA, P.L. 117 58). BEAD is a federal grant program that funds partnerships between states, communities, and stakeholders to build high speed internet infrastructure. All states and territories are eligible for funding. Eligible uses of grants include (a) planning for the deployment of high-speed Internet, including conducting research, collecting data, outreach, and training; (b) deploying or upgrading Internet in unserved or underserved areas or improving service to community anchor organizations; (c) installing Internet and Wi Fi in multiunit residential buildings; (d) adoption and digital equity programs; and (e) workforce development programs and vocational training.

However, the NTIA plans to give favorable treatment to government owned networks (GONs). The notice of funding opportunity (NOFO) from NTIA waives matching funding requirements from GONs while maintaining stringent thresholds for privately owned networks. The NOFO also requires justification for grantors to explain why they awarded the funds to private providers over potential municipal networks, creating a clear preference for GONs.

As the Taxpayers Protection Alliance has extensively documented, GONs have a poor track record for taxpayers, failing to deliver on promises, harming community credit ratings, and leaving taxpayers on the hook for mounting losses.

Broadband Buildout Accountability Act

Given NTIA’s choice to preference wasteful GONs, it is critical that more oversight be applied to BEAD as its billions are rolled out and funded projects begin. The Broadband Buildout Accountability Act strongly promotes transparency by subjecting BEAD to clear FOIA standards, allowing interested parties to request information on grants within the program. Since its introduction, this legislation has been assigned to the Senate Judiciary Committee, and the House Energy and Commerce Committee, where it awaits further review.

It is for these reasons, among others, that TPA is proud to make the Broadband Buildout Accountability Act, introduced by Sens. Rick Scott (R-Fla.), Dan Sullivan (R-Alaska), Jerry Moran (R-Kan.), Mike Lee (R-Utah), John Thune (R-S.D.), Roger Wicker (R-Miss.), Todd Young (R-Ind.), Marsha Blackburn (R-Tenn.), and Ron Johnson (R-Wis.), alongside Reps. August Pfluger (R-Texas), John Joyce (R-Pa.), Troy Balderson (R-Ohio), Buddy Carter (R-Ga.), Neal Dunn (R-Fla.), Randy Weber (R-Texas), and Russ Fulcher (R-Idaho), its Bill of the Month for August 2023.