February 4, 2022

NATE Emphasizes Fixed Wireless in NTIA Public Comments

In comments submitted to the National Telecommunications and Information Administration (NTIA), NATE advocated that broadband deployment projects be technology neutral – including both fixed wireless and wireline technologies. NTIA is tasked with dispersing $48 billion in broadband deployment funds contained in the recently enacted infrastructure law.

The money allocated to NTIA will be used to deploy broadband to rural, unserved and underserved locations, create more low-cost broadband service options, deploy middle mile infrastructure, and address digital equity and inclusion needs in communities. Fixed wireless can deliver high-speed communications in less time and cost compared to fiber and other technologies. Ensuring that all technologies will be considered in efforts to close the digital divide should provide additional opportunities for NATE members to deploy broadband as quickly as possible to rural, unserved, and underserved areas, according to the organization.             

Inside Towers wrote about NATE’s comments.

OSHA Withdraws Workplace Vaccine Mandate

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) withdrew the vaccination and testing emergency temporary standard issued on Nov. 5, 2021 that was proposed to protect unvaccinated employees of large employers with 100 or more employees from workplace exposure to the coronavirus. The withdrawal was effective January 26, 2022, following the January 13 decision by the Supreme Court to block OSHA’s workplace vaccination mandate. Read more.

Justice Stephen Breyer Announces Retirement from Supreme Court

From Axios: Supreme Court Justice Stephen Breyer announced his retirement, which will give  President Biden his first — and maybe only — chance to put a stamp on the high court. Appointing a new Supreme Court justice will be one of the longest-lasting pieces of Biden’s legacy — and could give Democrats a jolt of energy ahead of next year's midterms.

Getting a new Supreme Court justice confirmed could be challenging for President Biden. The Senate must confirm a new justice, and with a 50-50 split between Democrats and Republicans, nominees must have bipartisan support or support from every Democratic Senator; in the event of a tie, Vice President Harris would cast the deciding vote.   

Another challenge that the Democrats face is that Senator Ben Ray Luján (D-NM) suffered a stroke this week and underwent brain surgery. Although he is expected to make a full recovery, his absence could last months, increasing Republican strength in the Senate and over the legislative agenda. Now, all of President Biden’s nominees and any legislation being considered must have bipartisan support to pass the Senate.

One possible lifeline for President Biden is Senator Lindsay Graham (R-SC), who has signaled that he will help Democrats if the nominee is Judge Michelle Childs from the Senator’s home state of South Carolina. Read more. 

Senate Commerce Committee Pulls Gigi Sohn Vote

President Biden’s FCC Nominee, Gigi Sohn, whose nomination is considered controversial by Senate Republicans, was pulled from the Senate Commerce Committee’s schedule. The Committee pulled her from the schedule for a few reasons:

· Senator Lujan is in the hospital following a stroke and Senate Commerce Chair
  Maria Cantwell (D-Wash.) said the panel can’t hold votes on nominees that
  might require party-line votes.

· Sen. Roger Wicker (R-Miss.), the ranking member on the Commerce
  Committee, has pushed for weeks for another hearing on Sohn to review some
  of her past media advocacy and roles. But the unexpected delay now has
  Cantwell warming to the idea, as well as urging more one-on-one meetings
  between senators and Sohn.

· USTelecom and NCTA — influential trade groups representing telecom and
  cable providers, respectively — sent separate letters to the committee
  complaining that Sohn’s recusal pledge amounted to special treatment for
  broadcasters. Read more about her recusal here.
          o Advocacy groups like Americans for Tax Reform are also calling for
             additional hearings due to possible conflicts of interest.

NATE will continue to monitor Ms. Sohn’s nomination and activities before the Senate Commerce Committee

NATE Continues to Support Efforts to Stop Overbuilding Broadband

Following previous reporting on overbuilding issues, NATE is gratified by efforts by several senators to address these issues as well. U.S. Senator Jerry Moran (R-KS) and 10 fellow senators wrote a letter to Secretary of the Treasury Janet Yellen expressing concern about using Treasury funds for certain broadband infrastructure projects.

In their letter they stated, “we are profoundly disappointed that Treasury’s final rule lacks the proper guidance and constraints needed to ensure that federal funds are used efficiently and for their intended purpose. As history has demonstrated, absent such constraint, there remains a significant risk that taxpayer money will be wasted in areas where broadband infrastructure already exists and those without access to quality broadband service will not receive the full measure of needed assistance.”

NATE will continue to support efforts to ensure that broadband funding is deployed to communities in need and we are pleased with recent comments from Secretary of Commerce Gina Raimondo about this issue (see below).

Secretary of Commerce Gina Raimondo Testifies on Broadband Programs

NATE is pleased with some of the comments that Secretary Raimondo offered before the Senate Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies.

Secretary Raimondo committed to several senators that NTIA, which is part of the Department of Commerce, is concerned about the possibility of overbuilding broadband, and committed to Senator Moran that NTIA would ensure rural and underserved communities are prioritized before adding duplicative services. She also promised to Senator Lisa Murkowski (R-AK) that NTIA will not award any broadband funding to states until the FCC has released updated coverage maps.

Subcommittee Chairwoman Jeanne Shaheen (D-NH) questioned Secretary Raimondo about workforce issues and the impact on broadband deployment. She responded that NTIA will be establishing best practices for states and working with the Department of Labor on apprenticeship programs.

To watch a recording of the hearing, click here.

NATE Takes Action in Wisconsin

NATE and TowerMRL sent letters to members of the Wisconsin Senate Committee on Utilities, Technology and Telecommunications highlighting concerns with Senate Bill (SB) 365. We are concerned that SB 365 will undermine Wisconsin’s ability to close the digital divide in rural, unserved, and underserved communities in an expeditious and cost-effective manner and lead to one type of technology – fiber only – being used on broadband projects.

Thanks to NATE WIN Wisconsin Liaison Ross Royer, owner of TowerMRL, for helping with this issue. You can read our letter here.

FCC Proposes Consumer Broadband Label

At the FCC’s January hearing, Chairwoman Jessica Rosenworcel proposed a consumer broadband label that would disclose to consumers information regarding broadband Internet access service plans.

In a proposed rule, the FCC would like to require that ISPs display, at the point of sale, labels to disclose to consumers certain information about prices, introductory rates, data allowances, broadband speeds, and management practices, among other things.

Read more here.