Senate Commerce Democrats Plan to Press NTIA Nominee Roth on BEAD, Other Issues
Senate Commerce Committee Democrats are already signaling that they're unlikely to give new NTIA administrator pick Arielle Roth a free pass through her confirmation process, particularly given their amplified doubts about how the agency-administered, $42.5 billion BEAD program will fare under Howard Lutnick, the commerce secretary nominee (see 2501290047). Several Senate Commerce Democrats are likely to vote against Lutnick at a Wednesday panel meeting, but lobbyists told us he is all but certain to advance to the floor with unified GOP support.
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President Donald Trump nominated Roth to lead NTIA on Monday night, as expected (see 2501160077), but had not commented on the pick as of Tuesday afternoon. The Senate said Tuesday that the White House formally transmitted Roth's nomination. Commerce Chairman Ted Cruz, R-Texas, announced the nomination and praised Roth's work as panel Republicans’ telecom policy director. She “led my legislative and oversight efforts on communications and broadband policy with integrity, creativity, and dedication,” Cruz said on X.
Roth will serve Trump and Lutnick “well in their mission to advance government efficiency, economic growth, and innovation,” Cruz said. She was previously a legislative aide to former Senate Commerce member Roy Blunt, R-Mo., who was among those who hailed her nomination. She served as wireline adviser to former Republican FCC Commissioner Mike O'Rielly and as a Wireline Bureau legal adviser. She also had stints at the Hudson Institute and the Federalist Society.
FCC Chairman Brendan Carr congratulated Roth on Monday night, saying she “will be a terrific leader at NTIA” and praising her “distinguished career in government.” Carr’s office denied rumors last month that he opposed Roth’s potential nomination to former FCC Chairwoman Jessica Rosenworcel’s seat (see 2501100043). Trump picked Senate Armed Services Committee Republican staffer Olivia Trusty for that role (see 2501160064). Democratic Commissioner Anna Gomez congratulated Roth as well.
Roth also drew plaudits from former FCC Chairman Ajit Pai, who led the agency during the first Trump administration. Others praising her included: ACA Connects, AT&T, Comcast, CTIA, Incompas, NAB, NATE: The Communications Infrastructure Contractors Association, NCTA, NTCA, the Satellite Industry Association, the Telecommunications Industry Association, USTelecom, Wi-Fi Alliance, the Wireless Infrastructure Association and the Wireless ISP Association.
Pressure Points
Sen. Ben Ray Lujan of New Mexico, who is likely to be Communications Subcommittee ranking member, told us he intends to press Roth on her BEAD plans following a testy exchange on that issue during Lutnick's Senate Commerce confirmation hearing last week. Lutnick refused to say he would defy a potential Trump directive to halt BEAD funding and wouldn't commit that NTIA would maintain its approval of jurisdictions’ BEAD plans. Lujan told us he was “prepared to vote for” Lutnick going into the Senate Commerce hearing, but the nominee's BEAD positions “convinced me not to” support him.
“Those questions [about BEAD] will definitely” arise again when Senate Commerce considers Roth, Lujan told us. He wants Roth to commit that NTIA will dole out BEAD money to the states and other jurisdictions to “build networks across America, including in tribal communities.” He also wants to know where Roth stands on other NTIA initiatives from the Biden administration and how her policy priorities would differ. A Senate Democratic aide pointed to Roth's comments during a June 2024 Federalist Society event criticizing the Biden administration’s implementation of BEAD as a potential pressure point.
Some lobbyists wondered whether critics would mention the NTIA nominee’s husband, Jones Day’s Yaakov Roth, who argued on behalf of plaintiffs in the U.S. Supreme Court’s review of West Virginia v. EPA that led the court in 2022 to fully adopt the “major questions” doctrine (see 2206300066). He also represents Maurine and Matthew Molak in their challenge in the 5th Circuit U.S. Court of Appeals of a 2023 FCC declaratory ruling (docket 23-60641) clarifying that Wi-Fi on school buses is an educational purpose eligible for E-rate funding (see 2411040061). The 5th Circuit in September dismissed the Molaks’ challenge of a July 2024 FCC order that lets schools and libraries use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2409260046). Cruz recently led filing a Congressional Review Act resolution of disapproval to undo the July 2024 hot spots order (see 2501270043).
Cooley’s Robert McDowell, a former Republican FCC commissioner, told us he expects Roth’s confirmation process will “be routine and speedy,” noting she “is respected on both sides of the aisle” from her time at Senate Commerce and elsewhere on Capitol Hill. A communications industry lobbyist who follows Democrats’ deliberations noted that panel members from the party are likelier to raise concerns about Roth than Trusty because of the NTIA nominee’s connection with Cruz.
Free Press Vice President-Policy Matt Wood told us the group will have concerns about Roth given her work on behalf of Cruz on BEAD. Cruz said in November that the 119th Congress would review the program and requirements that have drawn GOP ire. He sought a “pause” of NTIA BEAD activity ahead of Trump’s return to the White House (see 2411220035). “I wouldn't expect Roth to be identical to” Cruz on BEAD, “but we have grave concerns about some of his ideas about how to use the funding that's already been allocated and promised” to states, Wood said.