The FCC has sufficient funding available to keep its full staff working “through Oct. 11” if federal appropriations lapse at midnight and much of the government shuts down, acting Chairwoman Jessica Rosenworcel said during a conference call with reporters Thursday. A shutdown appeared unlikely because Congress appeared poised to pass a revised continuing resolution to fund the government through Dec. 3 (HR-5305). The House was expected to soon vote on HR-5305; the Senate voted 65-35 earlier Thursday to pass it.
Jimm Phillips
Jimm Phillips, Associate Editor, covers telecommunications policymaking in Congress for Communications Daily. He joined Warren Communications News in 2012 after stints at the Washington Post and the American Independent News Network. Phillips is a Maryland native who graduated from American University. You can follow him on Twitter: @JLPhillipsDC
House Science Oversight Subcommittee leaders debated Tuesday whether to institute mandates or offer legal protections to social media platforms in a bid to increase the amount of non-identifiable user data researchers can access as they examine ways to address the online spread of misinformation. There was disagreement over whether giving consumers more direct ownership of the data that platforms collect would help here. Data ownership, access and portability have been among thorny issues lawmakers eye via privacy legislation (see 2108170073).
Half of the Senate Democratic caucus, including Majority Whip Dick Durbin of Illinois and Communications Subcommittee Chairman Ben Ray Lujan of New Mexico, pressed President Joe Biden Wednesday to renominate acting FCC Chairwoman Jessica Rosenworcel and designate her as permanent chair “as quickly as possible.” Democrats’ frustration with the Biden administration is growing over delay in picking nominees for two Democratic commission seats (see 2109220049). “It is absolutely essential that there are trusted, qualified appointees leading” agencies charged with distributing $65 billion in broadband money included in the Senate-passed Infrastructure Investment and Jobs Act (HR-3684) and additional funding included in COVID-19 aid measures, the 25 senators wrote Biden. “Further delay simply puts at risk the major broadband goals that we share and that Congress has worked hard to advance as part of your administration’s agenda.” Sen. Joe Manchin of West Virginia led the letter, which has support from Senate Appropriations Financial Services Subcommittee Chairman Chris Van Hollen of Maryland and all but three Democratic Commerce Committee members -- Chair Maria Cantwell of Washington, Ed Markey of Massachusetts and Raphael Warnock of Georgia. “There is no better qualified or more competent person” to be permanent FCC chair right now than Rosenworcel, the senators said. “We have long experience working with her and her team, and she has already shown an ability to steer the FCC through these extraordinary and difficult times. Importantly, we believe” Rosenworcel “will face few obstacles to her confirmation. She has previously been approved on a bipartisan basis, and was unanimously approved by the Senate in 2012. It will take months for a different nominee to move through the process, hire staff and begin implementing an agenda, leading to indecision and gridlock at the very time decisiveness is most critical.” The White House and FCC didn’t comment Thursday.
Congressional Democrats are returning from a month-plus recess more willing to vent frustrations over President Joe Biden’s delay in announcing nominees to two Democratic FCC seats. They cite growing concerns the sometimes-lengthy Senate confirmation process could result in the current 2-2 split commission switching to a 2-1 GOP majority in January. Acting Chairwoman Jessica Rosenworcel’s term expired in June 2020, meaning she would have to leave Jan. 3 absent Senate reconfirmation.
House GOP lawmakers want to place additional limits on China’s access to U.S. networks via amendments to the Armed Services Committee-cleared FY 2022 National Defense Authorization Act (HR-4350). House Armed Services advanced HR-4350 earlier this month with language that would improve DOD implementation of its October 2020 spectrum strategy and the department’s adjustment of its systems before the FCC’s planned auction of spectrum on the 3.45-3.55 GHz band (see 2108250075). Rep. Mike Gallagher, R-Wis., wants to attach language to HR-4350 from the Defending America’s 5G Future Act, which would codify the Commerce Department Bureau of Industry and Security's placement of Chinese telecom equipment maker Huawei to its export entity blacklist. Rep. Ann Wagner, R-Mo., proposes barring exports of telecom equipment “that would serve the primary purpose of assisting, or be specifically configured to assist, the People’s Republic of China in acquiring the capability to carry out censorship, surveillance, or any other similar or related activity.” Other tech and telecom-focused amendments include one from Rep. Van Taylor, R-Texas, to create a White House-led Technology Competitiveness Council aimed at keeping the U.S. competitive on tech issues. Rep. Maria Salazar, R-Fla., wants to attach her American Freedom and Internet Access Act (HR-5123), which would require the Air Force to implement Operation Starfall, which would give other countries wireless access via balloons and satellites. Rep. Abigail Spanberger, D-Va., wants the State Department to report to Congress on the “national security implications” of open radio access networks. Rep. Lance Gooden, R-Texas, wants to bar DOD from spending money with tech companies DOJ or the FTC determines have an “unlawful monopoly.” Rep. Tom Malinowski, D-N.J., seeks to prohibit federal agencies from requiring or supporting tech companies’ efforts to add backdoors or other security vulnerabilities to their products and services. The House Rules Committee will meet Monday at noon to consider which proposed HR-4350 amendments will get floor votes.
Acting FCC Chairwoman Jessica Rosenworcel said Wednesday she’s deferring to Congress in deciding how to parcel out the proposed $65 billion in broadband money included in the Senate-passed Infrastructure Investment and Jobs Act (HR-3684). She sidestepped questions during a virtual Politico event about whether senators’ decision to parcel out the bulk of connectivity funding in HR-3684 to NTIA indicates a lack of faith in the commission. Capitol Hill leaders said during the event they continue to push for lawmakers to pass a national privacy standard and revamp Communications Decency Act Section 230 during this Congress.
Senate Commerce Committee Chair Maria Cantwell of Washington and other chamber Democratic leaders told us they haven’t signed off on the House Commerce Committee’s portion of the Build Back Better Act budget reconciliation package because of what they consider an underwhelming amount of money for broadband. Senate Republicans we spoke with appeared unified with their House colleagues in opposition to the language.
Telecom and consumer protection language in the House Commerce Committee’s portion of the Build Back Better Act budget reconciliation package got limited attention Monday, the first day of the committee’s markup. Democratic leaders highlighted potential benefits, including the proposed $10 billion for next-generation 911 tech upgrades, $4 billion for the FCC emergency connectivity fund and $1 billion to fund a new FTC privacy bureau. Some GOP leaders criticized the additional ECF money, as expected (see 2109100063).
House Commerce Committee Republicans are unlikely to make the $4 billion in broadband money included in committee Democrats’ portion of the Build Back Better Act budget reconciliation package a centerpiece of their opposition to the measure but are expected to file at least some amendments to it, Capitol Hill aides and lobbyists told us. The legislation includes $10 billion for next-generation 911 tech upgrades, $1 billion to fund a new FTC privacy bureau and authorizes an FCC auction of at least 200 MHz of spectrum on the 3.1-3.45 GHz band, as expected (see 2109090067). House Commerce said it will begin marking up the measure at 11 a.m. EDT Monday in 2123 Rayburn.
The House Commerce Committee seeks $4 billion more for the FCC Emergency Connectivity Fund as part of its portion of the Build Back Better Act budget reconciliation package, the panel said in a summary we obtained Thursday. Commerce intended to have released the full bill text Thursday night, lobbyists told us. The House Science and Education committees were in the process early Thursday evening of marking up their parts of the reconciliation measure, which touch on other tech and telecom matters.