Policy discussions are hopefully “boiling to the point” where Congress can repeal Communications Decency Act Section 230, House Commerce Committee ranking member Frank Pallone, D-N.J., told us Wednesday. He and Chair Cathy McMorris Rodgers, R-Wash., said the parallel efforts of Senate Judiciary Committee Chairman Dick Durbin, D-Ill., and ranking member Lindsey Graham, R-S.C., are encouraging.
NTIA Administrator Alan Davidson came under repeated fire Wednesday from House Republicans for low-cost offering requirements in the broadband equity, access and deployment (BEAD) program, with the lawmakers repeatedly charging -- and Davidson denying -- they amount to rate regulation. The House Communications Subcommittee oversight hearing also saw lawmakers chide one another across the aisle about the looming funding cliff of the affordable connectivity program (ACP).
The expiration of FCC auction authority was a problem that could have been avoided, House Communications ranking member Doris Matsui, D-Calif., said during CTIA’s 5G Summit Monday (see 2405060051). Congress should strike a deal now that restores auction authority, she said. “With a hamstrung FCC, we're going to be limited in what we can achieve,” Matsui said. “I don't think we can afford to wait any longer.” The U.S. is at a “crossroads,” Matsui said: “Networks are converging, consumer demand is skyrocketing, and global competition is heating up. In short, the stakes couldn't be higher.” The lapse of auction authority more than a year ago was “an avoidable failure,” she said. Matsui called for “a more nimble and predictable spectrum governance regime” and for flexibility from government and industry. “Vital federal missions cannot be jeopardized -- we all agree on that -- but uncompromising rigidity in defining the tools needed for those missions can result in federal paralysis,” she said. The government’s study of the lower 3 GHz band, the national spectrum strategy's requirement, must be “driven by engineering and science” and the Commerce Committee will make sure that happens, Matsui said. In addition, she stressed the importance of Congress funding an extension of the affordability connectivity program (see 2405020072). Despite all the money spent on deploying broadband, without "affordability we can't have the connectivity we need,” she said. For House Communications Subcommittee Chair Bob Latta, R-Ohio, the challenge of crafting legislation on 5G issues and the future of communications is avoiding anything that slows progress. “A lot of times when I talk to the industry, they're way past us,” Latta said. “The last thing we want to do is pass legislation where [we’re] looking in the rearview mirror,” he said. Latta said he keeps an open door and wants industry input. “You got ideas, suggestions, you've got problems, let us know what they are,” he said. Latta remains concerned about the broadband equity, access and deployment program and other spending initiatives. “The federal government should not be out there picking winners and losers,” he said. In addition, Latta is concerned about overbuilding current networks. He said fellow lawmakers find it difficult "to believe and understand that we have over 130 different broadband programs spread across 15 departments and agencies … administering billions of dollars.”
Sen. J.D. Vance of Ohio, a lead GOP co-sponsor of the Affordable Connectivity Program Extension Act (HR-6929/S-3565), confirmed Wednesday he will push hard for an amendment to the bipartisan 2024 FAA Reauthorization Act that would appropriate $7 billion in stopgap funding to keep the ailing FCC broadband program running through the end of the fiscal year. The Senate voted 89-10 to invoke cloture on the motion to proceed to the FAA bill as a substitute for Securing Growth and Robust Leadership in American Aviation Act (HR-3935).
The Senate Commerce Committee will likely advance an amended version of the draft Spectrum and National Security Act during a Wednesday executive session with unanimous support from the panel’s 14 Democratic members, but lobbyists will watch closely how many Republicans don’t openly object to the measure as a means of determining its viability. The spectrum bill, led by Senate Commerce Chair Maria Cantwell, D-Wash., would restore the FCC’s lapsed auction mandate through Sept. 30, 2029. The measure proposes using future license sales revenue to repay a proposed loan to the commission to fund the affordable connectivity program in FY 2024 and $3.08 billion for the Secure and Trusted Communications Networks Reimbursement Program (see 2404250061).
Most industry groups opposed the FCC's decision restoring net neutrality rules and reclassifying broadband internet access service (BIAS) as a Communications Act Title II service Thursday. Most disagreed with Chairwoman Jessica Rosenworcel on the order's legal standing, warning it could likely be overturned if a challenge is brought (see 2404250004). The Wireless ISP Association will "carefully review" the order and "determine what legal recourse we should take," Vice President-Policy Louis Peraertz said. Several consumer advocacy groups praised the order.
Congressional Republicans have remained relatively quiet about the FCC’s draft net neutrality order since Chairwoman Jessica Rosenworcel released it earlier this month (see 2404030043) but are likely to become more active in opposition when the commission adopts it as expected next week, lawmakers and observers said in interviews. Congressional Democrats have been comparatively active since the draft’s release, including sending Rosenworcel suggestions aimed at preventing loopholes that ISPs could use to circumvent regulation. Congressional Democrats highlighted that divergence in style Thursday by bringing Rosenworcel to Capitol Hill for a news conference that amounted to a preemptive victory lap ahead of the FCC’s April 25 vote on the order.
Rep. Yvette Clarke, D-N.Y., is circulating a discharge petition (H.Res. 1119) in a bid to force a floor vote on her Affordable Connectivity Program Extension Act (HR-6929/S-3565), which would appropriate $7 billion to keep the ailing FCC broadband fund running through the end of FY 2024. Clarke's petition will likely help ACP backers in their push to advance the funding proposal out of the lower chamber and amplify pressure on Congress to act before the program's current money runs out in the coming weeks, lobbyists told us. Advocates acknowledge they still face headwinds in the Senate, where leaders continue eyeing alternative vehicles for the appropriation. Congress approved the Further Consolidated Appropriations Act FY 2024 minibus spending package last month without ACP money (see 2403280001).
The FCC will take a series of steps to reestablish the commission's net neutrality framework and reclassify broadband internet access service (BIAS) as a Communications Act Title II telecom service in a declaratory ruling and order (see 2404030043). A draft of the items to be considered during the agency's April meeting, released Thursday, would establish "broad" and "tailored" forbearance for ISPs. The draft doesn’t make a final determination on how network slicing should be treated under the rules.
Advocates of the FCC’s affordable connectivity program and Secure and Trusted Communications Networks Reimbursement Program believe funding for both priorities remains available this year, despite Congress having omitted funding in the Further Consolidated Appropriations Act FY 2024 minibus spending package enacted last week (see 2403210067). Program backers acknowledge funding will be more difficult as the FY24 package was their best opportunity. They also admit appropriations politics will only prove trickier with Capitol Hill hunkering down for the 2024 election campaign.