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Senate OKs Rip-and-Replace Money

Cruz Blames Jeffries for AM Radio Mandate's Omission From CR With Other Telecom Measures

Backers of the revised AM Radio for Every Vehicle Act (HR-8449) signaled Wednesday they want to move swiftly on the proposal next year after congressional leaders didn't reach a deal to include it in a continuing resolution that extends federal appropriations through March 14. The CR released Tuesday night includes language from the NTIA Reauthorization Act (HR-4510) and several other telecom and tech bills. Meanwhile, the Senate voted 85-15 Wednesday to pass the FY 2025 National Defense Authorization Act (HR-5009) with language that would authorize the AWS-3 reauction to offset $3.08 billion in funding for the FCC’s Secure and Trusted Communications Networks Reimbursement Program (see 2412070001).

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Senate Commerce Committee ranking member Ted Cruz, R-Texas, said in a brief interview he blames House Minority Leader Hakeem Jeffries, D-N.Y., for HR-8449 not appearing in the CR. The House Commerce Committee-cleared measure would require the Department of Transportation to mandate AM radio's inclusion in future automobiles, a rule expected to mostly impact electric vehicles (see 2409180047). Cruz led S-1669, an earlier version of the AM radio proposal, that he unsuccessfully tried to pass in the Senate last year by unanimous consent (see 2312060073).

“I think we easily have the votes” to pass HR-8449 in both chambers via floor votes, but Jeffries “at the last moment” torpedoed its inclusion in the CR, Cruz told us. “You’ll have to ask” Jeffries why he’s “not concerned about maintaining diversity in AM radio, about protecting … diversity of thought and view” and “the very low barriers to entry to communicating.” Cruz earlier hailed inclusion of the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act (HR-8989/S-4569), which would establish criminal liability for individuals and entities publishing nonconsensual intimate imagery, including AI-created deepfake porn.

Several communications sector lobbyists also noted Jeffries' objecting to inserting HR-8449 into the CR. It wasn’t clear why Jeffries sought to bar the measure’s text from the CR, but Speaker Mike Johnson, R-La., championed the measure, lobbyists said. Jeffries’ office didn’t immediately comment. A range of HR-8449 backers mounted a significant lobbying campaign for the measure this month, including current and former New York public safety officials and the National Urban League.

NAB CEO Curtis LeGeyt said he is “disappointed” HR-8449 “did not pass this Congress,” but “the overwhelming bipartisan and bicameral support underscores the vital role AM radio plays in keeping Americans safe during emergencies and connected to their local communities.” NAB “remains committed to working with the next Congress to swiftly pass this legislation,” LeGeyt said in a statement.

Other Priorities

Lobbyists cited HR-4510’s presence in the CR as particularly notable because the measure marks Congress’ first renewal of NTIA’s mandate since 1992 and elevates the NTIA administrator’s role from assistant secretary to undersecretary. The version of HR-4510 included in the CR omits language in its House-passed form from the chamber's version of the Proper Leadership to Align Networks for Broadband Act (HR-4505) that would require the White House to develop a national broadband strategy. HR-4505 differed from a Senate Commerce Committee-approved companion (S-2238) that panel members amended in July to also allocate $7 billion in stopgap funding for the FCC’s lapsed affordable connectivity program (see 2407310048).

Other tech and telecom bills included in the CR: the Informing Consumers About Smart Devices Act (HR-538/S-90), Secure Space Act (HR-675), Securing Semiconductor Supply Chains Act (HR-752/S-229), Foreign Adversary Communications Transparency Act (HR-820/S-2114), Future Uses of Technology Upholding Reliable and Enhanced Networks Act (HR-1513), Rural Broadband Protection Act (HR-7005/S-275) and Removing Our Unsecure Technologies to Ensure Reliability and Security Act (HR-7589/S-4572).

Congress’ passage of HR-5009 drew praise from several rip-and replace advocates, including FCC Chairwoman Jessica Rosenworcel, Democratic Commissioner Geoffrey Starks and GOP lawmakers who pressed for congressional action on funding during the lame-duck session. The measure now goes to President Joe Biden, who's expected to sign it.

“Full funding will not only help protect our Nation’s communications infrastructure but also ensure that rural communities who rely on these networks maintain vital connectivity,” Rosenworcel said. “I want to thank the House and the Senate for allocating the full amount” for rip and replace and “for recognizing that the FCC’s spectrum auction authority can play an important national security role. I call on Congress to restore it in full.” Rip-and-replace participants “will finally have the resources they need to complete the job and evict insecure equipment and services from our domestic networks,” Starks said. “This could not be more important, particularly against the backdrop of reports of Chinese hacking into our telecom networks.”

“This Chinese equipment poses a significant national security threat to the [U.S.] and by fully funding the Rip and Replace program, we can combat this threat while ensuring that millions of rural Americans maintain access to cellular and broadband services,” said Sen. Steve Daines, R-Mont. Language from the Daines-led Supporting National Security with Spectrum Act (HR-9340/S-4049) formed the basis for HR-5009's rip-and-replace provisions. Several communications sector groups also praised Congress for fully funding rip and replace: the Competitive Carriers Association, NATE, NTCA, TIA, Wireless Infrastructure Association and WTA.