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 House Commerce Committee on Sunday announced bipartisan draft legislation that would sunset Communications Decency Act Section 230 in December 2025. Chair Cathy McMorris Rodgers, R-Wash., and ranking member Frank Pallone, D-N.J., issued a discussion draft that encourages "Congress and stakeholders to work together over the next 18 months to evaluate and enact a new legal framework that will allow for free speech and innovation while also incentivizing these companies to be good stewards of their platforms.” Rodgers and Pallone said in a Wall Street Journal joint opinion piece Sunday: “Section 230 is now poisoning the healthy online ecosystem it once fostered. Big Tech companies are exploiting the law to shield them from any responsibility or accountability as their platforms inflict immense harm on Americans, especially children.” The legislation offers the tech industry a choice, they said: “Work with Congress to ensure the internet is a safe, healthy place for good, or lose Section 230 protections entirely.” CTA CEO Gary Shapiro opposed the draft bill, saying in a statement Monday that “Section 230 has propelled the U.S. to global leadership in tech and given us the world’s most dynamic startup ecosystem. Eliminating Section 230 would be a huge gift to our economic rivals abroad. Congress should say NO to this bill.” Similarly, NetChoice opposed the measure, with Vice President Carl Szabo saying Section 230 doesn’t shield violators from federal criminal law. Sunsetting Section 230 won't achieve Congress’ intended goal of holding bad actors accountable, he said. NetChoice recommended Congress craft laws that increase resources for law enforcement as it investigates and prosecutes “digital criminals.” In the Senate Judiciary Committee, Chair Dick Durbin, D-Ill., and ranking member Lindsey Graham, R-S.C., have explored repealing Section 230 as a way of protecting children from social media harms (see 2403110033).
The House is set to vote as soon as Tuesday night on a revised version of the NTIA Reauthorization Act (HR-4510) under suspension of the rules, the office of Majority Leader Steve Scalise, R-La., said Friday night. The House Commerce Committee-cleared measure would elevate the NTIA administrator from assistant secretary to undersecretary of Commerce. It also proposes other steps aimed at improving coordination of federal spectrum (see 2307270063). Chamber leaders pulled HR-4510 from consideration in early March amid objections from leaders of the House Armed Services Committee over the fight between NTIA and DOD about allowing 5G use of the 3.1-3.45 GHz band (see 2403060062). In addition, the House will consider the Senate-passed FAA Reauthorization Act (HR-3935) amid questions about whether backers of additional funding for the FCC’s affordable connectivity program and Secure and Trusted Communications Networks Reimbursement Program will attempt to attach money for those initiatives to it. Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., and other senators unsuccessfully sought an amendment aimed at including $6 billion for ACP and $3.08 billion for rip and replace in HR-3935 (see 2405100046).
The number of states with privacy laws reached 18 after Maryland Gov. Wes Moore (D) signed SB-541/HB-567 on Thursday. Vermont and Minnesota could soon join the ranks. While not first, Maryland “sets the new standard” for state privacy laws and “raises the bar” for Congress, said Caitriona Fitzgerald, Electronic Privacy Information Center (EPIC) deputy director, in an interview. Meanwhile, in California, the first state with a privacy law, board members of the California Privacy Protection Agency (CPPA) slammed the preemptive current draft of a privacy bill from Congress.
House Republicans pushed back during a Friday Communications Subcommittee field hearing in Bakersfield, California, against calls for Congress to allocate stopgap funding to the FCC’s ailing affordable connectivity program and the rollout of NTIA’s $42.5 billion broadband equity, access and deployment program. ACP supporters believe they made progress last week toward securing a path that keeps the program funded in FY 2024 despite proposals attaching funding to the FAA Reauthorization Act (HR-3935) failing in the Senate (see 2405100046).
Backers of stopgap funding for the FCC’s ailing affordable connectivity program and Secure and Trusted Communications Networks Reimbursement Program believe they made progress last week toward their goal of firming up the initiatives even as a bid attaching funds to the FAA reauthorization legislation appeared all but dead. Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., emerged from the chamber Thursday night touting commitments from leaders to move forward on allocating the proposed money even as the body voted 88-4 to pass the FAA Reauthorization Act (HR-3935) without funding language he and others sought (see 2405070083).
The American Privacy Rights Act is “an important bipartisan compromise” Congress can use as a foundation for passing a federal privacy law (see 2404160034), Senate Data Security Subcommittee Chairman John Hickenlooper, D-Colo., said Wednesday during a subcommittee hearing on protecting consumer data. Introduced by Senate Commerce Committee Chair Maria Cantwell, D-Wash., and House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., APRA provides a strong federal standard with data minimization rules, Hickenlooper said, so companies aren’t collecting “everything they can.” He noted states aren’t waiting for Congress on privacy. Indeed,16 states, including Colorado, have passed or are in the process of approving privacy laws. Without a federal privacy law, the U.S. risks further ceding its authority to states and foreign governments, which is creating regulatory “headaches” for businesses, ranking member Marsha Blackburn, R-Tenn., said.
Reps. Ben Cline, R-Va., and Tony Gonzales, R-Texas, renewed concerns with Commerce Secretary Gina Raimondo about NTIA’s implementation of the $42.5 billion broadband equity, access and deployment (BEAD) program. Their comments came during a Wednesday House Appropriations Commerce, Justice, Science and Related Agencies Subcommittee hearing. Cline faulted NTIA for previously rejecting the Virginia Office of Broadband’s BEAD Volume 2 application because that office “declined” to use the program to regulate broadband prices. Conservative groups previously latched onto the Virginia BEAD issue, which stemmed from NTIA’s requirements on participants offering a low-cost connectivity option (see 2403070065). “It’s been nearly five months since NTIA approved Louisiana’s [BEAD] plan, which was submitted at the same time as Virginia,” Cline said. “There are no outstanding issues,” so the Commerce Department should “commit to approving” Virginia’s application given it follows language in the authorizing 2021 Infrastructure Investment and Jobs Act barring rate regulation. Raimondo declined to commit to approving the Virginia proposal but said NTIA approves state plans that comply with the rate regulation ban. “I will look in on Virginia” after the hearing, Raimondo said. “What I can promise you is we aren’t regulating” broadband prices. “We are not telling any state, including yours, ‘If you don’t provide [service] at X dollars, we’re not going to give you the money.’ But the statute requires us to have low-cost options” as a requirement for BEAD funding, she said. Gonzales noted prospective BEAD participants in his southwest Texas district worry “about their potential ability to participate” in the program “due to the large size of the [service] areas” and the low-cost option requirement. “My job in implementing this $42 billion is to make sure every American has access everywhere,” Raimondo told Gonzales. “We’re working very closely with” Texas Gov. Greg Abbott (R) “using our maps to figure out who's not covered and providing subsidies to companies so that they” can cover rural areas.
Republican lawmakers blasted NPR CEO Katherine Maher during a House Commerce Oversight Subcommittee hearing Wednesday and suggested that Congress should conduct more regular oversight of NPR and CPB or defund them (see 2405070044).
A new bid by Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., and other senators to attach stopgap funding for the FCC’s affordable connectivity program and additional money for the Secure and Trusted Communications Networks Reimbursement Program to the FAA Reauthorization Act (see 2405070083) faces resistance from chamber leaders. Senate Majority Leader Chuck Schumer, D-N.Y., and other leaders are skeptical about including nongermane language in the FAA package. A previous proposal to attach ACP money drew opposition during a Tuesday night “hotline” that Senate leaders ran to gauge lawmakers’ support for amendments in the package.