NTIA conditioning any state receiving BEAD funds on not imposing rate regulation or net neutrality-like rules on a BEAD subgrantee or on not regulating AI is of "dubious legality," New Street Research's Blair Levin said Wednesday. He told us much the same earlier this week (see 2511250076). Levin said there have been numerous cases where courts have held that the president can't condition the grant of funds appropriated by Congress in ways that coerce the states. The major questions doctrine and its limit on executive power also could be a route to challenging the conditions, he said. States "would have a material chance of overturning" those executive actions. NTIA head Arielle Roth said last month that the agency was telling states they can't put rate regulation and state-level net neutrality rules on BEAD-funded projects (see 2510280051).
House leaders intend to hold a floor vote on the AM Radio for Every Vehicle Act (HR-979) in early December, lead sponsor Rep. Gus Bilirakis, R-Fla., and National Religious Broadcasters CEO Troy Miller separately confirmed to us. HR-979 and Senate companion S-315 would require the Department of Transportation to mandate that future automobiles include AM radio technology, mostly affecting electric vehicles. Supporters are optimistic that House passage of HR-979 could increase momentum for the measure, as that would represent the first time the lower chamber has cleared the legislation. The House Commerce Committee advanced HR-979 in September (see 2509170068), while the Senate Commerce Committee advanced the slightly different S-315 in February.
Three House Commerce Committee Democratic leaders pressed NTIA Administrator Arielle Roth on Tuesday to follow “the letter” of the 2021 Infrastructure Investment and Jobs Act as the agency rolls out funding from the $42.5 billion BEAD program, citing “significant concerns” about the Trump administration's implementation of the initiative. They in part objected to President Donald Trump's draft proposal to require NTIA to potentially curtail non-deployment BEAD funding for states that the administration determines have AI laws that are overly burdensome (see 2511200057).
NCTA on Friday praised Senate Consumer Protection Subcommittee Chair Marsha Blackburn, R-Tenn., and Communications Subcommittee ranking member Ben Ray Lujan, D-N.M., for filing an upper chamber companion Thursday (see 2511200069) to the Broadband and Telecommunications Rail Act (HR-6046). The House Communications Subcommittee cleared HR-6046 Wednesday (see 2511180053).
FCC Commissioner Anna Gomez and top Democrats on the House and Senate Communications subcommittees raised concerns Wednesday night and Thursday about a draft executive order that would direct NTIA to potentially curtail non-deployment BEAD funding for states that the Trump administration determines have AI laws that are overly burdensome (see 2511190069). Gomez questioned the legality of a provision in the draft order directing the FCC to consider adopting a national standard for AI models that preempts state laws.
The Senate Commerce Committee voted 15-13 Wednesday, along party lines, to advance Ethan Klein, President Donald Trump’s nominee for associate director of the White House Office of Science and Technology Policy. Ranking member Maria Cantwell, D-Wash., said during the meeting that she opposes Klein because of his “insufficient” answers to a range of policy questions at his Sept. 17 confirmation hearing.
Senate Consumer Protection Subcommittee Chair Marsha Blackburn, R-Tenn., and Communications Subcommittee ranking member Ben Ray Lujan, D-N.M., filed an upper chamber companion Thursday to the House Communications Subcommittee-cleared Broadband and Telecommunications Rail Act (HR-6046), Blackburn’s office told us Thursday night.
The House Communications Subcommittee on Tuesday advanced a new version of the American Broadband Deployment Act (HR-2289) that combined language from 22 GOP-led connectivity permitting bills originally slated for the markup session (see 2511170048). However, the subpanel’s party-line 16-12 vote on the package reflected Democrats’ ongoing opposition. The House Commerce Committee during the last Congress similarly divided along party lines on a previous version of the broadband package, which never reached the floor amid strong Democratic resistance (see 2305230067).
A draft White House executive order that was circulating Wednesday night would resurrect a scuttled legislative bid to preempt nonfederal AI laws by making states ineligible for some allocated funding from the $42.5 billion BEAD program if they passed their own AI measures. The draft EO would require NTIA to issue a policy notice within 90 days “specifying the conditions under which States may be eligible for remaining [BEAD funding] that was saved through my Administration’s ‘Benefit of the Bargain’ reforms,” more commonly known as non-deployment funds estimated to total $20 billion.
The House Communications Subcommittee plans a markup session Tuesday on a set of 28 largely GOP-led broadband permitting bills, the Commerce Committee said Friday night. House Communications members traded partisan barbs during a September hearing on the measures, with Democrats saying that most of them were unlikely to be effective in speeding up connectivity buildout (see 2509180069). Tuesday's meeting will begin at 10:15 a.m. in 2123 Rayburn.