By Christopher Cole

Law360 (May 13, 2020, 7:02 PM EDT) -- Congress, the Federal Communications Commission and broadband providers must act fast amid the COVID-19 outbreak to identify holes in high-speed coverage and then spend the necessary funds and cut red tape to fill the gaps, senators from both sides of the aisle said during a committee hearing Wednesday.

Sen. Roger Wicker, R-Miss., chairman of the Senate Commerce Committee, zeroed in on eliminating gaps in broadband coverage in rural areas and tribal lands. Lawmakers in both parties are increasingly worried about communities that lack reliable internet, a problem that makes two key functions — telehealth and remote learning — nearly impossible for many families to access amid pandemic lockdowns.

Wicker and other lawmakers heard from broadband experts on whether FCC programs to beef up connectivity in underserved schools and communities, including the E-Rate and Lifeline subsidies, need more funding. The hearing was held on Capitol Hill, with some senators physically present and others participating by video.

The pandemic has triggered huge uptick in the use of broadband and the need for access, Wicker said, making it imperative to fix outdated and inaccurate coverage maps. But he also highlighted what he considers a "regulatory framework that fosters broadband development" by increasing access to permits in a timely manner.

Faulty broadband coverage maps have been a long-standing concern of lawmakers and the FCC. On May 7, Rep. Paul D. Tonko, D-N.Y., sent a letter to FCC Chairman Ajit Pai detailing the agency's shortcomings in correctly mapping and supporting New York households with limited broadband access. 

At Wednesday's hearing, Washington Sen. Maria Cantwell, the committee's ranking Democrat, urged federal support for key priorities such as telehealth. "Staying connected is as critical as ever," she said.

The panel heard from a range of witnesses who urged more federal subsidies for broadband. Steven Berry, president and CEO of the Competitive Carriers Association, told lawmakers that it's painfully clear America has a digital divide. He applauded the FCC for taking some swift actions, including temporarily tapping into unused spectrum, to address the problem.

Berry said connectivity is critical and "worth additional investment."

Shirley Bloomfield, chief executive officer of NTCA-The Rural Broadband Association, told senators that using existing broadband programs is the best way of getting the most immediate return on investment while avoiding confusion and potential interagency conflicts.

Berry recommended that all agencies be required to use updated broadband maps and "meaningful challenge processes" to ensure that unserved areas are accurately identified. The FCC uses a challenge process to allow stakeholders to identify what they say are mapping inaccuracies.

According to Gene Kimmelman, senior advisor for Public Knowledge, which advocates for an "open" internet, the U.S. "cannot close its digital divide if funding is not directed to all unserved and underserved areas in urban, suburban and rural areas."

"Currently, internet service providers are less likely to deploy broadband in low-income or rural areas because doing so is less profitable or riskier than deploying elsewhere," Kimmelman said. "We need a long-term solution to bridge the digital divide."

From the industry's point of view, the U.S. needs not just public investment, but less in the way of permitting obstacles for broadband infrastructure.

Jonathan Spalter, president and CEO of USTelecom-The Broadband Association, told the Senate panel that America remains on the cutting edge of the internet, however, and that the COVID-19 crisis will only cause the telecom industry to redouble its build-out efforts.

"Never do we stand taller than in a time of crisis," Spalter said. "As the world shuts down, the U.S. internet remains open."

Congressional action on funding broadband through various initiatives is expected soon, This week, House Democrats filed a massive coronavirus recovery package that includes $1.5 billion for schools and libraries to obtain high-speed internet for student use. The bill includes $4 billion to help newly furloughed or jobless residents secure at-home internet access. Sen. Ed Markey of Massachusetts and other Democrats have proposed setting aside $4 billion for the FCC's E-Rate program for schools.

While some issues tied to coronavirus are highly politicized, such as aid to state and localities and liability shields for businesses, the need for broadband investment appeared to have support from both parties at Wednesday's Senate hearing.

"The pandemic has heightened even more the need for broadband, especially on rural and tribal lands," said Sen. Dan Sullivan, R-Alaska. "'There's broad bipartisan support to get this done."

--Additional reporting by Kelcee Griffis. Editing by Jill Coffey.

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