The 2024 presidential election shouldn’t, and likely won’t, deter FCC Democrats from moving forward on their policy agenda now that they're on the cusp of a 3-2 majority well over two years into President Joe Biden’s term, said lawmakers and former commission officials in interviews. Many expect a flurry of FCC activity once Democrat Anna Gomez, confirmed by the Senate earlier this month, formally signs on as a commissioner 2309070081). Multiple FCC-watchers and former officials pooh-poohed the conventional wisdom that the agency avoids major, controversial actions during election years.
Telecom-focused congressional leaders are voicing interest in including a temporary restoration of the FCC’s auction authority in a continuing resolution to extend federal appropriations past the end of FY 2023 Sept. 30. Lobbyists and observers told us they remain doubtful about Capitol Hill’s appetite for such a move due to the factors that hindered talks on a broader spectrum legislative package (see 2308070001). Senate Appropriations Financial Services Subcommittee members sounded alarms about the remit’s lapse during a Tuesday hearing on the FCC’s FY 2024 funding request. House Communications Subcommittee member Rep. August Pfluger, R-Texas, also raised concerns during a Punchbowl News event the same day.
House Communications Subcommittee members in both parties used a Wednesday hearing to hammer the current retransmission consent negotiations process, particularly the blackouts when those talks break down, but all sides made clear a legislative solution is likely to take longer than the current Congress to pass. There was strong GOP opposition, meanwhile, to the FCC potentially refreshing its long-dormant docket (14-261) on reclassifying streaming services as virtual MVPDs to fix a perceived disparity in retransmission consent rules, as expected (see 2309120059).
Proposals from GOP presidential hopefuls Florida Gov. Ron DeSantis and businessman Vivek Ramaswamy to abolish the Commerce Department face long odds of coming to fruition, but space experts told us the calls raise new questions about how that would affect commercial space operations and the operators that the entity currently regulates. Right-leaning groups want a new Republican administration to consider restructuring Commerce’s space regulatory operations. House Communications Subcommittee leaders, meanwhile, believe the chamber can resurrect the Satellite and Telecommunications Streamlining Act (HR-1338) to revamp the FCC’s satellite regulatory process.
House Communications Subcommittee leaders told us they plan to continue actively pushing for floor action on the Commerce Committee-approved Spectrum Auction Reauthorization Act (HR-3565) when the chamber returns Sept. 12, despite the measure facing continued opposition from some Senate Republicans. House Commerce leaders tried and failed to get a floor vote on the measure before the August recess (see 2307270063). Lawmakers believe the outcome of a pending DOD study on repurposing the 3.1-3.45 GHz band may affect the prospects for reaching a deal to pass a spectrum legislative package that includes language from HR-3565 and other measures (see 2308070001).
Senators, communications sector lobbyists and other observers are bracing for the potential impact that a pending DOD study’s recommendations for repurposing the 3.1-3.45 GHz band could have on prospects for Capitol Hill to reach a deal on a spectrum legislative package that allocates some future auction revenue to pay for telecom projects. Sen. Mike Rounds, R-S.D., cited the study’s release as a reason to object to efforts to renew the FCC’s spectrum auction authority for a period ending before Sept. 30, which led to the mandate’s March expiration (see 2303090074).
The Senate Commerce Committee easily advanced the AM Radio for Every Vehicle Act (S-1669) Thursday, but the measure still faces hurdles to enactment, especially in the House. Congress was on track to not act on two other communications policy matters seen as potentially ripe for action before lawmakers were expected to depart Thursday night for the month-plus August recess (see 2307200071): a push for Senate confirmation of Democratic FCC nominee Anna Gomez and House consideration of the Commerce Committee-approved Spectrum Auction Reauthorization Act (HR-3565).
House Commerce Committee leaders said Monday night they’re “extremely disappointed” that Congress still hasn’t “fully funded” the FCC’s Secure and Trusted Communications Networks Reimbursement Program as participants faced a deadline that day to submit repayment claims for removing suspect equipment from their networks (see 2307170065). FCC Chairwoman Jessica Rosenworcel and others have repeatedly prodded lawmakers in recent months to allocate the additional $3.08 billion needed to fully satisfy reimbursement costs for carriers, with Rosenworcel citing the commission’s statutory obligation to begin prorating those payments absent appropriations (see 2305040085). “The longer Congress waits to address the funding shortfall in this program, the more we jeopardize America’s national security by leaving our networks vulnerable to espionage by adversaries like China,” said House Commerce Chair Cathy McMorris Rodgers, R-Wash.; ranking member Frank Pallone, D-N.J.; Communications Subcommittee Chairman Bob Latta, R-Ohio; and ranking member Doris Matsui, D-Calif. “We continue to work with our colleagues” to bring the panel-approved Spectrum Auction Reauthorization Act (HR-3565) “to the floor” given it proposes giving the FCC the rip-and-replace money and using some future auction revenue to cover the loan (see 2305240069). “It’s critical that we find a path forward as soon as possible to finish securing our networks and strengthening our national defense,” the lawmakers said.
Legislation Democrats reintroduced Thursday would ban algorithms that “discriminate” based on race, age, gender, ability and other characteristics. Sen Ed Markey, D-Mass., reintroduced the Algorithmic Justice and Online Platform Transparency Act with Rep. Doris Matsui, D-Calif. The legislation attempts to hold platforms accountable “for their content amplification and moderation practices.” The bill would commission a government investigation about discriminatory algorithms.
The House Communications Subcommittee unanimously approved the NTIA Reauthorization Act (HR-4510), the Spectrum Relocation Enhancement Act (HR-3430) and two other telecom bills in a show of bipartisan cooperation Wednesday, promoting the authority of the NTIA (see 2307110079).