Washington, D.C. - House Energy and Commerce Committee Chair Cathy McMorris Rodgers and Communications and Technology Subcommittee Chair Bob Latta, along with 14 other committee Republicans, have expressed their concerns to Assistant Secretary of Commerce for Communications and Information Alan Davidson regarding the National Telecommunications and Information Administration's (NTIA) decision to allow states to regulate broadband rates under the Broadband Equity, Access, and Deployment (BEAD) program.

In a letter addressed to Assistant Secretary Davidson, the committee Republicans raised the issue that the NTIA's actions are ignoring the explicit intent of Congress. They cited the Infrastructure Investment and Jobs Act (IIJA), which created the BEAD Program, stating that it "explicitly prohibits the Assistant Secretary of Commerce for Communications and Information and the NTIA from 'regulat[ing] the rates charged for broadband service.'"

During the Senate floor debate on the legislation, it was agreed that this language meant that "no rate regulation of broadband services would be authorized or permitted by NTIA or the Assistant Secretary who leads NTIA as part of the state broadband grant program." However, the committee Republicans expressed concern that Assistant Secretary Davidson's testimony and actions suggest otherwise.

The letter quotes Assistant Secretary Davidson's testimony at a hearing held by the Energy and Commerce Subcommittee on Communications and Technology, where he repeatedly suggested that NTIA would permit rate regulation by states participating in the BEAD program. The committee Republicans highlighted that when directly asked if NTIA would permit a state to rate regulate, Assistant Secretary Davidson did not provide a clear answer and instead stated that NTIA would give states flexibility on how to approach the issue. The committee Republicans argue that this "flexibility" to pursue rate regulation goes against the explicit prohibition outlined in the IIJA.

The committee Republicans also expressed their concerns about the recent approval of Louisiana's Initial Proposal for BEAD, in which the state sets rates for certain broadband plans. They believe that this approval, along with Assistant Secretary Davidson's testimony, indicates that NTIA is disregarding Congressional direction and may continue approving proposals that directly regulate the rate of broadband service.

The committee Republicans concluded their letter by urging Assistant Secretary Davidson and the NTIA to adhere to the Congressional intent behind the IIJA and cease allowing states to regulate broadband rates under the BEAD program.

For more information, the full letter to the NTIA can be accessed by clicking here.

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Click this link to access more information: https://energycommerce.house.gov/posts/e-and-c-republicans-to-ntia-by-allowing-states-to-regulate-broadband-rates-ntia-is-ignoring-congressional-intent