The Treasury Department is now accepting states’ grant and program plans for its $10 billion Capital Projects Fund, said Joseph Wender, the program’s director, during an Incompas webinar Wednesday (see 2203310037). “We are officially open for business,” Wender said, adding his office is in the process of approving funding applications and expects initial awards to be announced “in months.”

Incompas asked FCC Consumer and Governmental Affairs Bureau staff to "clarify the purpose" of the agency's forthcoming consumer broadband labels and the term ISP "to clarify who is required to provide the broadband labels," said an ex parte post on Thursday in docket 22-2 (see 2203100059). Incompas said providers offering business data services or broadband to enterprise and government customers shouldn't be required to provide labels because "[t]hese are sophisticated customers that negotiate their contracts and know exactly which services they are receiving." The group also asked that E-rate and rural healthcare program providers be excluded from the requirement because their customers "participate in the competitive bidding process where they specify the exact services they need." Give providers the option to add symmetrical speeds and reliability to the label, Incompas added. "These two service qualities have become very important for customers and would permit competitive providers to distinguish their services," the group said, backing an online glossary of terms housed on the FCC's website.

Competitors raised concerns with Delaware limiting eligibility for $56 million in American Rescue Plan Act (ARPA) funding to big ISPs with existing cable franchises. Competitive telecom groups said they hoped for open and technology-neutral bidding processes there and in other states. A Delaware official defended the state program’s eligibility restriction, which excluded a Rural Digital Opportunity Fund (RDOF) winner, as an “edge-out” strategy to extend broadband more quickly.

Competitors raised concerns with Delaware limiting eligibility for $56 million in American Rescue Plan Act (ARPA) funding to big ISPs with existing cable franchises. Competitive telecom groups said they hoped for open and technology-neutral bidding processes there and in other states. A Delaware official defended the state program’s eligibility restriction, which excluded a Rural Digital Opportunity Fund (RDOF) winner, as an “edge-out” strategy to extend broadband more quickly.

The Senate gaveled out Thursday for a two-week Easter/Passover recess, meaning further floor action on FTC nominee Alvaro Bedoya and FCC nominee Gigi Sohn will be delayed until at least April 25, as expected (see 2204050064). Senate Majority Leader Chuck Schumer, D-N.Y., filed cloture Thursday on Bedoya but hadn't scheduled a vote at our deadline. The chamber voted 51-50 last week to discharge Bedoya from Senate Commerce Committee jurisdiction and must hold a similar vote on Sohn because the committee cast tied votes on both nominees last month (see 2203030070). Senate Commerce Chair Maria Cantwell, D-Wash., told us before the chamber voted to confirm Ketanji Brown Jackson to the Supreme Court (see 2204070058) that she doubted further pre-recess action on either nominee was likely unless the chamber stayed in session past Thursday. Sen. Dan Sullivan, R-Alaska, continued to believe Sohn’s confirmation prospects are dimming amid chatter about potential Democratic holdouts on the nominee (see 2203300069). “That’s why Schumer's not bringing her to the floor” before the recess, Sullivan said. Democrats who are facing tough re-election battles this year who might vote in Sohn’s favor would be delivering their GOP opponents “a campaign ad on a silver platter.” The Chamber of Progress, CompTIA, Computer & Communications Industry Association, Consumer Technology Association, Incompas, Internet Infrastructure Coalition and NTCA pressed the Senate Thursday to “move expeditiously” to confirm Sohn. “The absence of a fifth Commissioner hamstrings the agency when U.S. leadership on technology policy is most needed,” the groups said in a letter to Schumer and Senate Minority Leader Mitch McConnell, R-Ky. “As authoritarian regimes around the world move to supplant U.S. leadership and restrict access to an open and free internet, we must ensure the U.S. government is well positioned to thoroughly consider and advance policies that promote democratic values.”

Industry disagreed whether the FCC should pause some of its high-cost Universal Service Fund programs amid the recent $65 billion federal broadband support from the Infrastructure Investment and Jobs Act, in reply comments posted Friday in docket 21-476 (see 2202180046). Others debated whether to expand the fund's contribution base or turn to direct congressional appropriations. The FCC sought comments on USF's future as part of its report to Congress due by Aug. 12.

Open a third FCC Emergency Connectivity Fund application filing window, urged the Information Technology Industry Council, Competitive Carriers Association, Incompas, USTelecom and the U.S. Chamber of Commerce in a letter to commissioners posted Wednesday in docket 21-93. The groups backed a similar request by the Schools, Health & Libraries Broadband Coalition (see 2201310071). They also backed "extending the limited waiver of the gift rule" until June 30, 2023, to coincide with the program's service delivery date.

Industry, state officials and advocacy groups disagreed how the FCC should proceed in adopting new broadband consumer labels, in comments posted Thursday in docket 22-2 (see 2201280038). Industry disagreed whether certain information should be required or optional, while state officials and advocacy groups called for strong enforcement and regular publishing of the labels online and on consumer bills. The Infrastructure Investment and Jobs Act (IIJA) required the FCC to adopt labels and hold public hearings on the issue (see 2201270030).

President Joe Biden’s State of the Union address spurred reaction from Democrats and Republicans looking to move comprehensive privacy and child privacy bills. Biden announced a sweeping agenda to address a social media-linked children's mental health “crisis” during his Tuesday speech, as expected (see 2203010072). “Protecting kids online starts by establishing a national privacy and data security framework and enacting legislation that stops Big Tech’s harmful abuse of power,” said House Commerce Committee ranking member Cathy McMorris Rodgers, R-Wash. Biden issued a “powerful call to action on the youth mental health crisis exacerbated by social media, which can be addressed by the Kids Online Safety Act, Senate Consumer Protection Subcommittee Chairman Richard Blumenthal, D-Conn., said of his bipartisan bill with ranking member Marsha Blackburn, R-Tenn. The president offered Congress a “blueprint,” and now it’s time to act, said Rep. Lori Trahan, D-Mass. Biden “clearly expressed what we know to be true: it’s time to prevent the abusive collection and retention of personal information online,” said Reps. Anna Eshoo, D-Calif., and Zoe Lofgren, D-Calif., in favor of their Democratic privacy proposal (see 2111180048). “If companies can’t collect data, they can’t use that data to manipulate Americans for profit.” Biden urged Congress to swiftly send him a compromise bill marrying elements of the House-passed America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength Act (HR-4521) and Senate-passed U.S. Innovation and Competition Act (S-1260), which both include $52 billion in subsidies to encourage U.S.-based semiconductor manufacturing (see 2201260062). The House passed HR-4521 last month, but there has been no formal compromise between that measure and S-1260 (see 2202250054). “Let’s not wait any longer,” Biden said. “We used to invest 2% of our GDP in research and development. We don’t now. China is.” Biden praised Intel’s plan to build two new chip factories in Ohio, costing $20 billion (see 2201210027), as “the biggest investment in manufacturing in American history, and all they’re waiting for is for you to pass a HR-4521/S-1260 compromise. Biden also, as expected, touted the $65 billion in broadband money included in the Infrastructure Investment and Jobs Act as a way to provide "affordable high-speed internet for every American -- urban, suburban, rural and tribal communities." Biden's broadband shutout was praised by Mignon Clyburn, co-chair of the Incompas-backed BroadLand campaign. "By taking an all of the above approach to deployment, we can build new future proof networks that benefit all Americans, urban and rural, who need access to low-cost internet solutions," she said. Free State Foundation Senior Fellow Andrew Long said Biden and Congress haven't "paid much attention -- big picture -- to how the various appropriations, agencies, and programs relating to the construction of broadband infrastructure will interoperate in a manner that uses precious taxpayer dollars wisely and efficiently. This must change."

President Joe Biden’s State of the Union address spurred reaction from Democrats and Republicans looking to move comprehensive privacy and child privacy bills. Biden announced a sweeping agenda to address a social media-linked children's mental health “crisis” during his Tuesday speech, as expected (see 2203010072). “Protecting kids online starts by establishing a national privacy and data security framework and enacting legislation that stops Big Tech’s harmful abuse of power,” said House Commerce Committee ranking member Cathy McMorris Rodgers, R-Wash. Biden issued a “powerful call to action on the youth mental health crisis exacerbated by social media, which can be addressed by the Kids Online Safety Act, Senate Consumer Protection Subcommittee Chairman Richard Blumenthal, D-Conn., said of his bipartisan bill with ranking member Marsha Blackburn, R-Tenn. The president offered Congress a “blueprint,” and now it’s time to act, said Rep. Lori Trahan, D-Mass. Biden “clearly expressed what we know to be true: it’s time to prevent the abusive collection and retention of personal information online,” said Reps. Anna Eshoo, D-Calif., and Zoe Lofgren, D-Calif., in favor of their Democratic privacy proposal (see 2111180048). “If companies can’t collect data, they can’t use that data to manipulate Americans for profit.” Biden urged Congress to swiftly send him a compromise bill marrying elements of the House-passed America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength Act (HR-4521) and Senate-passed U.S. Innovation and Competition Act (S-1260), which both include $52 billion in subsidies to encourage U.S.-based semiconductor manufacturing (see 2201260062). The House passed HR-4521 last month, but there has been no formal compromise between that measure and S-1260 (see 2202250054). “Let’s not wait any longer,” Biden said. “We used to invest 2% of our GDP in research and development. We don’t now. China is.” Biden praised Intel’s plan to build two new chip factories in Ohio, costing $20 billion (see 2201210027), as “the biggest investment in manufacturing in American history, and all they’re waiting for is for you to pass a HR-4521/S-1260 compromise. Biden also, as expected, touted the $65 billion in broadband money included in the Infrastructure Investment and Jobs Act as a way to provide "affordable high-speed internet for every American -- urban, suburban, rural and tribal communities." Biden's broadband shutout was praised by Mignon Clyburn, co-chair of the Incompas-backed BroadLand campaign. "By taking an all of the above approach to deployment, we can build new future proof networks that benefit all Americans, urban and rural, who need access to low-cost internet solutions," she said. Free State Foundation Senior Fellow Andrew Long said Biden and Congress haven't "paid much attention -- big picture -- to how the various appropriations, agencies, and programs relating to the construction of broadband infrastructure will interoperate in a manner that uses precious taxpayer dollars wisely and efficiently. This must change."