House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., and Communications Subcommittee Chairman Bob Latta, R-Ohio, pressed NTIA Administrator Alan Davidson Thursday to explain why he has significantly delayed responding to their oversight questions. Davidson hasn’t answered "additional questions for the record" (QFRs) that House Communications members sent following a May 15 NTIA oversight hearing, they said (see 2405150020). The deadline for responses was June 30, the lawmakers said, which was 30 days ago. In addition, it took Davidson until the day House Commerce announced the May 15 hearing to respond to follow-up questions House Communications members sent him after a Dec. 5 hearing (see 2312050076), a period of 107 days, Rodgers and Latta said in a letter to Davidson. “It is unacceptable that in order to receive responses to QFRs from an oversight hearing, we must introduce more oversight activity,” they said: “However, as this seems to be the only method of effective motivation, the NTIA will continue to receive additional congressional inquiries until the QFRs from the May hearing are received.” They asked Davidson to give them information by July 31 about how NTIA drafts and vets responses to follow-up questions. NTIA didn’t immediately comment.
Congressional GOP leaders demanded Thursday that the FCC and other independent agencies adhere strictly to its narrowed leeway of interpreting federal laws following the U.S. Supreme Court’s June Loper Bright Enterprises v. Raimondo decision and other recent rulings that rein in federal agencies (see 2407080039). House Commerce Committee Chair Cathy McMorris Rodgers of Washington and Oversight Committee Chairman James Comer of Kentucky pressed the FCC, FTC and Commerce Department to understand the “limitations” Loper “set on your authority” given it overruled the Chevron doctrine. Meanwhile, FCC Commissioner Brendan Carr pooh-poohed critics of Loper who argue it hamstrings regulatory agencies. Communications-focused lawyers at an Incompas event eyed a range of legal challenges to recent FCC actions that could face improved prospects because of Loper.
Sens. Ron Wyden, D-Ore., and Rand Paul, R-Ky., remain opposed to the Kids Online Safety Act, which is preventing Senate Majority Leader Chuck Schumer, D-N.Y., from moving the bill by unanimous consent (see 2406200053).
Republican FCC Commissioner Nathan Simington appears likely to win renomination regardless of which party takes the White House in November, lawmakers and lobbyists said in interviews. Some observers believe it's unlikely Democrats will use Simington's 2025 confirmation process to strike back against any FCC structural changes Republican Commissioner Brendan Carr may propose if former President Donald Trump wins and nominates him as chairman, as expected (see 2407120002). Carr’s reconfirmation last year (see 2310020043) means his term doesn’t expire until 2028, so he wouldn't face a new round of Senate scrutiny.
FCC Commissioner Brendan Carr is widely seen as the favorite to become FCC chair in a second Donald Trump presidency, and former FCC staffers and communications industry officials told us they expect a Carr-led FCC would prioritize policies he wrote about in the telecom chapter of the Heritage Foundation's Project 2025. For example, the chapter lays out plans for rolling back Section 230 protections for tech companies, deregulating broadband infrastructure and restricting Chinese companies.
The Senate Commerce Committee plans to mark up privacy legislation when it returns from recess the week of July 23, Chair Maria Cantwell, D-Wash., told reporters Thursday.
The House Appropriations Committee voted 31-25 Wednesday to advance its Labor, Health and Human Services, Education and Related Agencies Subcommittee FY 2025 funding bill without advance FY 2027 money for CPB after Democrats didn’t attempt to restore the allocation. The House Rules Committee, meanwhile, will consider filed amendments to Appropriations’ FY25 Financial Services Subcommittee bill (HR-8773) that aim to undo a ban on the FCC implementing an equity action plan and increase the FTC’s annual funding. The measure proposes boosting the FCC’s annual allocation to $416 million but includes riders barring the commission from implementing GOP-opposed net neutrality and digital discrimination orders (see 2406050067).
House Republicans’ proposal that reduces the FTC’s budget 9% would create an “extraordinarily dire” situation at the agency and result in furloughs, Chair Lina Khan told House Commerce Committee members during a budget hearing Tuesday.
House Commerce Committee Republicans launched a probe Tuesday of NTIA’s communications with state-level broadband offices related to the $42.5 billion broadband equity, access and deployment (BEAD) program. Long-standing Republican criticisms of BEAD, meanwhile, became a major issue during a House Communications Subcommittee hearing that morning on the FCC’s FY 2025 budget request (see 2407090049). Lawmakers sparred over the propriety of GOP Commissioner Brendan Carr publicly slamming the program.
FCC Chairwoman Jessica Rosenworcel showed no willingness Tuesday to abandon a March Further NPRM that would ban bulk billing arrangements between ISPs and multi-dwelling unit owners (see 2403050069) despite bipartisan criticism during a House Communications Subcommittee hearing. She was similarly unmoved by GOP skepticism about a proposal requiring disclosure of AI-generated content in political ads (see 2405220061). During the hearing, Republican Commissioner Brendan Carr called for the FCC to backtrack on both proposals because of the U.S. Supreme Court’s June Loper Bright Enterprises v. Raimondo decision and other rulings (see 2407080039).