S-503-119
Held at the desk.
Sponsored by John Hickenlooper (D-CO)
What it does
This bill would amend Section 13 of the Communications Act of 1934 to add a new requirement to the FCC's existing annual broadband deployment report. Specifically, the FCC would be directed to assess how the availability of network equipment may have affected the deployment of advanced telecommunications capability during each reporting period, using only data already available to the Commission. A rule of construction explicitly prohibits the bill from being used to require telecom providers to submit any new or additional information beyond what was already required before the bill's enactment.
Who benefits
Rural and underserved communities that may gain greater visibility into whether equipment supply chain shortages are contributing to broadband deployment gaps in their areas. Policymakers and researchers who would have access to a more complete picture of broadband deployment barriers. Domestic telecommunications equipment manufacturers, who may benefit if the FCC's findings highlight supply chain vulnerabilities tied to foreign-sourced equipment. Telecom providers who rely on domestic equipment suppliers, as the data could support policy arguments for supply chain diversification funding.
Who is hurt
Foreign telecommunications equipment manufacturers — particularly Chinese firms already subject to FCC restrictions (e.g., Huawei, ZTE) — whose market position could be further weakened if FCC reports highlight supply chain risks tied to their products. Telecom providers that depend on lower-cost foreign equipment and could face indirect pressure to shift suppliers based on FCC findings. The FCC itself would bear a modest increase in analytical workload, though the bill limits new data collection authority.
Supporters argue
Supporters argue that the FCC's annual broadband report currently lacks a mechanism to capture how equipment shortages — whether caused by global supply chain disruptions, trade restrictions, or the removal of untrusted vendors — affect broadband buildout timelines. They contend that without this data, Congress and the FCC are making broadband policy blind to a key variable, and that the bill's narrow scope (using only existing data, imposing no new reporting burdens on providers) makes it a low-cost, high-value transparency measure.
Opponents argue
Opponents argue that the bill's limitation to "data already available to the Commission" may render the new assessment requirement largely symbolic, producing reports too thin on evidence to meaningfully inform policy. They contend that if supply chain impacts on broadband deployment are a genuine concern, Congress should authorize the FCC to collect the targeted data needed to answer the question rigorously, rather than adding a reporting mandate that may yield inconclusive findings and create the appearance of oversight without its substance.
Constitutional context
No significant constitutional issue is raised by this bill. Congress has broad authority to direct the activities of federal agencies it creates under the Commerce Clause (Art. I, §8, cl. 3) and its general legislative power. The FCC is a creature of statute, and directing it to include an additional assessment in an existing report is a routine exercise of congressional oversight authority.
Checks and balances
Congress gains a modest informational check on broadband deployment by directing the FCC — an independent executive-branch agency — to include supply chain analysis in its existing reports; the FCC retains discretion over methodology, and the bill explicitly bars it from compelling new data from providers.
Historical precedent
The Secure and Trusted Communications Networks Act of 2019 similarly directed the FCC to assess supply chain risks from untrusted vendors and established a reimbursement program for providers to replace equipment from companies like Huawei and ZTE.