The Largest Ever Federal Infusion of Broadband Funding: Necessary Investment or Waste of Taxpayer Money?
Note from the Editor: The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. We welcome responses to the views presented here. To join the debate, please email us at [email protected].
If you’re reading this blog, you have accessed the internet to get here. But for many, predominantly in rural areas, broadband access remains limited. This is not for lack of attention to the problem. In addition to private funding, federal and state efforts have spent billions of dollars to address this problem over the years with varying degrees of effectiveness, and there are billions in funding currently flowing out for more broadband projects as a result of pandemic-era funding bills. Most recently, the infrastructure bill has provided another $42 billion in funding through its Broadband Equity Access and Deployment (BEAD) program on top of the existing efforts. But will this close the gap once and for all, or will we look back at this as a case of opportunity (and funds) lost? Should the country prioritize speed and low cost, or take the time to get every American connected to fiber?
The Federalist Society, as part of its National Lawyer’s Convention, hosted a panel of experts on all sides of the debate. Former FCC Commissioner Mike O’Rielly presented the case that while well-intentioned, the funding is not going out as intended and is bogged down with conditions from the Biden Administration that have nothing to do with broadband deployment, like climate change assessments. In Commissioner O’Rielly’s estimation, at least 30% of the $42.5 billion in BEAD funding will be wasted, and he encouraged robust congressional oversight of the program. Veneeth Iyengar, who oversees distribution of broadband funding in Louisiana, gave the “boots on the ground” perspective from his state. He reported that a third of Louisianans lack broadband access, noting the importance of access for small businesses to become part of the internet economy. Shirley Bloomfield emphasized the importance of spending the money wisely with proven broadband builders, which means focusing first on the unserved and also taking the opportunity now to invest in forward-looking fiber technology. The panel’s moderator, Judge Jeffrey S. Sutton, also added his own perspective on the importance of connectivity and the potential societal effects of being over-connected to the digital world.
You can watch or listen to the full panel here.
Managing Partner, Wilkinson Barker Knauer LLP
Bryan Tramont, the firm’s managing partner, offers strategic counsel to Fortune 100 companies and trade associations, as well as small and mid-sized telecommunications and media companies, on all aspects of communications law and regulation. He is regularly called on to advise companies as they develop and evaluate new business opportunities in the technology, media, and telecommunications sectors. Mr. Tramont also designs and leads the execution of the firm’s strategic plan and directs client management and development. Mr. Tramont has been recognized by leading publications like Legal 500, Chambers USA, and Washingtonian as one of the nation’s top communications lawyers. In 2017, he was named to the inaugural Legal 500 Hall of Fame List, which highlights individuals who have received constant praise by their clients and who have been recognized by the Legal 500 as an elite leading lawyer for six consecutive years. He has been awarded The Best Lawyers in America © 2017 “Lawyer of the Year” for Media Law and “Lawyer of the Year" in Communications Law in 2016. In 2016, he was also named one of the Top 10 Washington, DC Super Lawyers.
Mr. Tramont serves on the Commerce Spectrum Management Advisory Committee (CSMAC), advising the Assistant Secretary of Commerce for Communications and Information at NTIA. Appointed under the Bush and Obama Administrations, he also served as the committee’s Co-Chairman from 2008-2010. In addition, Mr. Tramont is active in the Federal Communications Bar Association, where he served in a variety of leadership roles, including as President from 2010-11 and has been awarded the organization’s Distinguished Service Award. Mr. Tramont chairs the Federalist Society’s Telecommunications Practice Group Executive Committee, serves on the International Institute of Communications Canada Board of Directors, and previously served on the Governing Committee of the ABA Forum on Communications Law. Mr. Tramont currently is an adjunct law professor at The Catholic University of America as part of the Communications Law Institute, is a senior adjunct fellow at the University of Colorado, Boulder, has served as the Syracuse University Law School’s Practitioner in Residence, and is on the Board of Trustees at William Woods University. Mr. Tramont is the author of numerous articles on communications policy and is a frequent speaker and lecturer at academic and industry events. Prior to joining Wilkinson Barker Knauer, Mr. Tramont served as Chief of Staff of the Federal Communications Commission under Chairman Michael Powell. As Chief of Staff, Mr. Tramont managed all aspects of the agency’s operations and directed FCC staff in implementing all components of the agency’s policy portfolio including media, broadband, mobility, and traditional telephone services. Before being elevated to Chief of Staff, Mr. Tramont was Chairman Powell’s Senior Legal Advisor, advising him on strategic policy matters and on wireless, international, technology, satellite, and consumer issues. Mr. Tramont also served as Senior Legal Advisor to Commissioner Kathleen Abernathy and, before that, to Commissioner Harold Furchtgott-Roth. He also served as a law clerk for the Honorable Duane Benton on the Supreme Court for his home state of Missouri. In addition, Mr. Tramont has served as an expert witness in a number of communications-related litigation matters.
Bryan Tramont graduated summa cum laude from The George Washington University with a degree in political science. He earned his law degree from Yale Law School, where he served as editor of the Yale Law & Policy Review.