Sens. Seek $6B Boost To FCC's COVID Broadband Fund

By Kelcee Griffis
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Law360 (March 26, 2021, 3:01 PM EDT) -- A group of Senate Democrats is seeking a $6 billion cash infusion for an emergency broadband program that would more than triple federal connectivity subsidies for families hard hit by the coronavirus pandemic.

Introduced Thursday by Sen. Ron Wyden, D-Ore., the Emergency Broadband Connections Act would expand the original $3.2 billion pool for low-income broadband subsidies while also making it easier for states to enroll eligible households in the national program.

"Democrats made a massive down-payment on broadband in the last relief package," Wyden said in a statement. "This bill will make sure that the families who need broadband the most don't lose access just as our country can see the end of the COVID-19 pandemic."

The Federal Communications Commission is in the middle of rolling out the Emergency Broadband Benefit program, which will soon begin subsidizing up to $50 of a qualifying household's monthly internet bill, or up to $75 of monthly internet service on tribal lands. The program can additionally cover $100 toward equipment, such as laptops and tablets, if a household purchases the equipment through their internet provider.

The EBB is modeled after the FCC's Lifeline subsidy program — which generally offers $10 monthly phone and internet subsidies to low-income households — although the EBB applies to a larger swath of Americans and offers more money than the base program.

Congress authorized the EBB with a $3.2 billion appropriation as part of a larger COVID-19 rescue package in late December, but advocates subsequently raised concerns that the program wouldn't stretch far enough.

Language in Wyden's bill would additionally make it easier for states to onboard residents that already qualify for low-income benefits, providing funds to link databases like that of the Supplemental Nutrition Assistance Program with the FCC's Lifeline eligibility database.

"This bill represents a direct, meaningful and effective way to help our most vulnerable Americans affected by the COVID-19 crisis stay connected to the internet," said Consumer Reports senior policy counsel Jonathan Schwantes. "Providing continued federal support to help consumers pay their monthly internet service bill is a straightforward solution and will help immediately."

The bill is co-sponsored by Sens. Jeff Merkley, D-Ore.; Amy Klobuchar, D-Minn.; Ed Markey, D-Mass.; Richard Durbin, D-Ill.; Raphael Warnock, D-Ga.; Cory Booker, D-N.J.; Kirsten Gillibrand, D-N.Y.; Robert Menendez, D-N.J.; Tammy Baldwin, D-Wisc.; Chris Van Hollen, D-Md.; Tammy Duckworth, D-Ill.; Dianne Feinstein, D-Calif.; Bernie Sanders, I-Vt.; Richard Blumenthal, D-Conn.; and Patty Murray, D-Wash.

As the FCC stands up the EBB program, lawmakers are calling on internet service providers to do their part to ensure consumers know about the forthcoming discounts. House Energy and Commerce Committee leaders sent out a blitz of letters to nine ISPs and their respective trade associations on Wednesday that demanded the companies "raise awareness about the availability of the EBB program, consistent with applicable law and regulations."

So far, nearly 400 companies have applied to participate in the program, acting FCC Chair Jessica Rosenworcel said Wednesday. According to trade group ACA Connects, more than 100 of those companies are small cable providers.

"The significant number of our member companies gearing up for the Emergency Broadband Benefit Program is not surprising given the great work they have already done to help their customers and their communities throughout the COVID-19 pandemic," said ACA Connects President Matthew M. Polka in a statement. "Their participation in this new program will allow them to greatly expand upon these efforts. Consumers should know, more help is on the way."

--Editing by Alyssa Miller.

For a reprint of this article, please contact reprints@law360.com.

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