PolicyBrief
S. 98
119th CongressFeb 5th 2025
Rural Broadband Protection Act of 2025
AWAITING SENATE

The "Rural Broadband Protection Act of 2025" mandates a vetting process for high-cost universal service fund applicants to ensure they have the capabilities to deploy broadband as promised, with penalties for non-compliance.

Shelley Capito
R

Shelley Capito

Senator

WV

LEGISLATION

Stricter Scrutiny for Rural Broadband Builders: Bill Mandates New Vetting Process for Federal Funding Applicants

This proposed legislation, the 'Rural Broadband Protection Act of 2025', aims to tighten the reins on companies seeking federal dollars to build broadband internet in underserved rural areas. It amends Section 254 of the Communications Act, focusing specifically on the 'high-cost universal service fund' – money earmarked to help cover the steep costs of deploying networks where it's typically not profitable. The core change? A mandatory new vetting process. The Federal Communications Commission (FCC) gets 180 days to establish rules for rigorously checking out applicants before they get awarded new funding.

Show Me the Plan (and the Proof)

Gone are the days (if this passes) of simply applying for funds; companies will need to prove their mettle upfront. Section 2 mandates that applicants submit a detailed proposal demonstrating they have the necessary technical chops, financial backing, and operational know-how to actually build and run the proposed network. This includes presenting a 'reasonable business plan'. Think of it less like filling out a form and more like presenting a full business case before getting a major investment. The FCC is directed to evaluate these proposals against established standards, including data from the Digital Opportunity Data Collection (which maps existing service) and the applicant's past performance on government-funded projects. The goal is to ensure companies can walk the walk, not just talk the talk.

Raising the Stakes: Penalties for Non-Starters

The bill also introduces stricter consequences for companies that falter before the final funding authorization. Section 2 sets a minimum penalty of $9,000 per violation for these 'pre-authorization defaults'. More significantly, the baseline forfeiture could be at least 30 percent of the company's total potential funding award. While the FCC can justify lower penalties in 'specific cases', the intent seems to be deterring applicants who aren't fully prepared or committed, ensuring that awarded funds are less likely to sit idle or be wasted on projects that never materialize.

The Balancing Act: Better Projects vs. Higher Hurdles?

The clear intention here is to improve the effectiveness of federal broadband spending. By adding this vetting layer, the legislation seeks to ensure taxpayer dollars go to providers who can demonstrably deliver reliable internet access to rural communities often left behind. However, the practical effect is worth watching. Will these more rigorous requirements, demanding detailed technical, financial, and operational proof, create significant barriers for smaller, local, or newer providers who might lack the resources for complex applications, even if they are capable? The challenge lies in striking a balance: implementing robust checks without inadvertently slowing down deployment or reducing the pool of potential competitors aiming to connect rural America.