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Congressional Research Servie
Inforrning the legislative debate since 1914


                                                                                                   April 2, 2025

Telecommunications and the 119th Congress: A Primer on

Programs, Authorities, and Emerging Issues


The development and implementation of U.S.
telecommunications policy involves a complex array of
technologies, federal agencies, and private companies with
varying goals and interests. Potential telecommunications
issues in the 119th Congress include broadband, spectrum,
public safety, security of telecommunications networks, and
artificial intelligence (AI).

Number and Focus of Federal Broadband
Programs
Federal broadband funding for closing the digital divide-
the gap between people who have access to broadband and
those who do not-is complex. Several agencies offer
programs that provide support for broadband, and Congress
may debate reform options for these programs. For
example, S. 323 would direct the development of a national
strategy to synchronize these programs. Related options for
Congress could include assessments of the effectiveness of
federal broadband programs and of state roles in addressing
gaps in broadband access.

Adjustment   of the Broadband   Equity, Access, and
Deployment Program
In P.L. 117-58, Congress appropriated $42.45 billion for the
National Telecommunications and Information
Administration (NTIA) to make[] grants ... to bridge the
digital divide under the Broadband Equity, Access, and
Deployment  (BEAD)  Program. BEAD  funds broadband
projects with a priority to provide affordable, reliable,
high-speed broadband service to locations currently
lacking such access. As the program entered its fourth year
in November 2024, some Members  of Congress questioned
its implementation, including when BEAD-funded projects
will start and whether NTIA should adjust its administration
of the program to expedite broadband deployment. As of
March 2025, although funding had been obligated to states,
most BEAD   funding had not been distributed to internet
service providers to implement their deployment projects,
largely because many states had not completed all steps to
use the funds, which are required by the law or specified in
NTIA's  notice of funding opportunity (NOFO).

The 119th Congress may consider a range of options related
to adjustment of the program. Examples of such options
could include continuing congressional oversight of BEAD
implementation with existing program requirements or
expediting implementation by directing NTIA to loosen or
remove some  of its requirements for states and subgrantees.
Some  debates on the requirements include (1) whether
states must account for climate-related risks to BEAD-
funded projects at a level detailed in NTIA's NOFO and (2)
whether subgrantees must provide a project workforce plan
with information related to whether the workforce is

                                          https://crsreport


unionized. Another issue is whether to keep or expand
NTIA's  current interpretations of the terms priority
broadband projects and reliable broadband service in the
law, which prioritizes fiber-optic technology and does not
include satellite-based connectivity technology. H.R. 1870
would amend  certain aspects of P.L. 117-58 related to the
BEAD   program-some   of which are discussed above.
Finally, Congress may consider whether to amend P.L. 117-
58 to increase or decrease BEAD funding.

Universal  Service Fund  Reform
The Federal Communications Commission  (FCC) has
established four Universal Service Fund (USF) programs:
the High Cost Program, the Lifeline Program, the Rural
Health Care Program, and the Schools and Libraries
Program. The USF  is intended to ensure that all Americans
have access to telecommunications services at just,
reasonable, and affordable rates. Some Members have
proposed reexamining the USF and the fees it charges
carriers (which may be passed on to consumers) and
evaluating the appropriateness of FCC authorities. For
example, the 118th Congress considered expanding the
types of entities that contribute to the fund (e.g., rural 5G),
expanding the contribution base (S. 856, S. 3321, S. 975,
H.R. 1812), directing spectrum auction revenues to support
the USF, and funding the USF through the appropriations
process.

Some  Members  have called on Congress to reexamine the
USF  as a hidden tax placed on carriers, to limit FCC
authorities, and to increase congressional oversight of USF
spending. In response to three lawsuits brought by
Consumers' Research, in July 2024, the U.S. Court of
Appeals for the Fifth Circuit ruled the USF unconstitutional
as a tax. This decision conflicted with previous decisions by
the Fifth and Eleventh U.S. Courts of Appeals, both of
which rejected that claim. The U.S. Supreme Court heard
arguments on the case on March 26, 2025. A decision is
expected in June 2025.

Future  of the Affordable Connectivity  Program
Congress established the Affordable Connectivity Program
(ACP)  through P.L. 117-58 and appropriated $14.2 billion
for the program. The ACP supplemented the USF's Lifeline
Program and provided internet service discounts to eligible
households. Despite proposed legislation in the 118th
Congress (S. 3565, H.R. 6929, S. 4208) intended to provide
additional funds for the ACP, the program ended on June 1,
2024. The 119th Congress could consider reviving the ACP,
authorizing and appropriating funding for a program similar
to the ACP, or assessing whether the ACP is still needed.


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