The Senate Commerce Committee’s surprise adoption Wednesday of an amendment to the Proper Leadership to Align Networks for Broadband Act (S-2238) that would allocate $7 billion in stopgap funding for the FCC’s lapsed affordable connectivity program likely imperils chamber passage of that measure, lawmakers and lobbyists told us. Debate over the pro-ACP amendment and a proposal that attached $3.08 billion to fully fund the FCC’s Secure and Trusted Communications Networks Reimbursement Program also signaled continued friction among panel members over the Spectrum and National Security Act (S-4207).
The FCC "offers no plausible reason why Congress would have used classic disparate-treatment language to create a disparate-impact regime," a coalition of industry groups said in a reply brief to the 8th U.S. Circuit Court of Appeals Monday. The brief explained the Minnesota Telecom Alliance's challenge of the FCC's digital discrimination rules (docket 24-1179). The U.S. Chamber of Commerce, NCTA, Wireless Infrastructure Association National Multifamily Housing Council, ACA Connects, Wireless ISP Association and several state telecom associations also noted that the major questions doctrine "confirms" the commission lacks "the authority to regulate non-ISPs" (see 2407080012). In a separate brief, the Legal Defense Fund, Asian Americans Advancing Justice, the American Civil Liberties Union, Communications Workers of America and the United Church of Christ Office of Communication said that the FCC would "fail to achieve Congress's mandate" of facilitating equal access without establishing a disparate-impact liability. Section 1754 of the Infrastructure Investment and Jobs Act "also furthers the FCC’s ability to ferret out intentional discrimination," the groups said.
The Senate voted 91-3 on Tuesday to approve a pair of kids’ online safety bills, shifting attention to the House, where the legislation awaits committee consideration.
A case before the U.S. Supreme Court, Consumers' Research, et al. v. Consumer Product Safety Commission, potentially has major implications for the FCC and FTC, and could permit a president to fire a commissioner at will, industry lawyers said. The U.S. Chamber of Commerce and other conservative groups are asking SCOTUS in amicus filings to grant the writ of certiorari from Consumers' Research.
The Senate Appropriations Committee voted 26-3 Thursday to advance its Commerce, Justice, Science and Related Agencies Subcommittee FY 2025 funding bill (S-4795) with allocation increases for NTIA, other Commerce Department agencies and the DOJ Antitrust Division. The measure, released Thursday night, would give NTIA more than $61.5 million for FY25. That’s a 4% increase from what NTIA received for FY 2024 but 8% less than President Joe Biden's request in March (see 2403110056). The Patent Office would get more than $4.65 billion, level with what Biden requested and an 11% increase from FY24 (see 2403040083). The National Institute of Standards and Technology would receive $1.53 billion, a 5% increase from FY24 and 2% more than Biden sought. The Bureau of Industry and Security would get $206 million, 8% more than in FY24 and 7% greater than the Biden request. DOJ Antitrust would get $288 million, level with Biden's proposal but 23% more than it received in FY24. The House Appropriations Committee-cleared CJS FY25 bill (HR-9026) proposed decreased funding for DOJ Antitrust and all Commerce agencies except PTO (see 2407090057).
House Commerce Committee GOP leaders pressed NTIA Thursday on its handling of the contract with Verisign to operate the .com and .net domain name registries amid concerns that the company has made “excessive” increases in the price of .com domain names that “stifle the ability of potential … registrants to conduct business online.” NTIA contracted Verisign to operate the registries in 2001 and that agreement will automatically renew Nov. 30 absent the company providing “written notice of non-renewal within 120 days of its expiration,” House Commerce Chair Cathy McMorris Rodgers (Wash.), Communications Subcommittee Chairman Bob Latta (Ohio) and Oversight Subcommittee Chairman Morgan Griffith (Va.) said in a letter to NTIA Administrator Alan Davidson. Since its 2006 renewal of the .com agreement, Verisign “has had a right of renewal, rather than ICANN holding a competitive bidding process for managing the .com registry at the expiration of each agreement.” DOJ “has previously recommended ICANN hold a competitive bidding process for renewals of registry agreements,” the GOP leaders told Davidson. “Members of Congress have also noted that Verisign’s exclusive control of .com allows it to operate as a monopoly over the .com registry.” Verisign “has since instituted a price increase of the maximum amount in every year it was allowed to do so,” the lawmakers said: “Some have argued that Verisign enjoys considerable profit margins from managing the registry, charging far more than it costs to operate it.” The lawmakers want information by Aug. 8 on NTIA’s negotiations with Verisign about renewal of the .com contract, whether the agency has studied the effect of .com price increases on the domain name marketplace and what sort of outreach it's done with other domain name stakeholders.
The Senate voted 86-1 Thursday to advance two kids’ safety bills, with Sen. Rand Paul, R-Ky., casting the lone no vote (see 2407240057).
The Senate should pass kids’ privacy legislation without amendments, Sen. Richard Blumenthal, D-Conn., told us Wednesday.
Senate Majority Leader Chuck Schumer, D-N.Y., said Tuesday he would file a legislative vehicle that moves the Kids Online Safety Act (S-1409) and Children and Teens’ Online Privacy Protection Act (S-1418), setting up floor votes to invoke cloture on the measures “as soon as Thursday.” Sens. Ron Wyden, D-Ore., and Rand Paul, R-Ky., in recent months have maintained a hold on S-1409 aimed at preventing unanimous consent passage because of concerns over censorship (see 2407160056). The House Commerce Committee scrapped a late June markup of S-1409 companion HR-7891 amid chamber Republican leaders’ misgivings with the panel’s approach to privacy legislation (see 2406270046). “Social media has helped hundreds of millions of people connect in new ways over the last two decades, but there are also new and sometimes serious health risks that come along with those benefits,” Schumer said during a floor speech. “On this issue, we desperately need to catch up.” It “has been a long and bumpy road, but one thing I always knew for sure: it would be worth it,” Schumer said: He suggested he had reached “a consensus” with members so “we are going to get this done.” Senate Majority Whip Dick Durbin, D-Ill., later praised Schumer’s push for a deal. Fight for the Future criticized Schumer’s plan to move S-1409 and S-1418. “This is not about protecting kids,” FFTF Director Evan Greer said. “This is about Senators getting to claim they’re protecting kids ahead of the election. It makes me sick to my stomach. Experts have repeatedly warned that KOSA would make kids less safe, rather than more safe.” Schumer’s decision to move on the bills “is deeply cynical” given that House leaders have indicated “KOSA currently has no path to becoming law,” Greer said: “So, Big Tech will continue getting away with murder, because Senate leadership are choosing to score political points rather than advance thoughtful legislation. For shame.” The Parents Television and Media Council, however, urged the Senate to move on S-1409 and S-1418.
Senate Commerce Committee ranking member Ted Cruz, R-Texas, pressed NPR Tuesday for information about its funding sources amid the House GOP's push to end CPB’s advance funding for FY 2027. Thus far no lawmakers have tried stopping the House from moving forward on the Appropriations Committee-cleared Labor, Health and Human Services, Education and Related Agencies Subcommittee FY 2025 funding bill (HR-9029), which excludes advance money for the broadcasting network. House leaders meanwhile pulled the Appropriations-approved FY 2025 FCC-FTC funding bill (HR-8773) from planned floor consideration Monday, delaying potential floor votes on filed amendments that seek to undo a ban on the FCC implementing an equity action plan and increase the FTC’s annual funding (see 2407100060).