Cruz Sees Potential Democratic Criticism of NTIA Nominee Roth on BEAD

All Senate Commerce Democrats except Sen. John Fetterman of Pennsylvania voted against Lutnick on Wednesday. Ranking member Maria Cantwell of Washington noted several Democratic colleagues’ concerns that at his confirmation hearing last week, Lutnick “did not give a full commitment to making sure” infrastructure funding Congress allocated to Commerce Department agencies during the Biden administration “continues to go out the door.” Lutnick refused to say he would defy a potential Trump directive to halt or alter distribution of BEAD funding and wouldn't commit that NTIA would maintain its approval of jurisdictions’ plans for that money. “These awards are crucial,” Cantwell said Wednesday.

Cruz said in an interview that he didn't think the Senate Commerce Democrats’ votes against Lutnick were driven by opposition to the nominee. “They're venting their rage at” President Donald Trump and his policy priorities, Cruz said. “It's time for new leadership to actually get the job done” on BEAD “instead of playing partisan politics the way” the Biden administration did. Cruz said NTIA has already taken “three years” to implement BEAD without tangible results, and he is “certain” the Trump administration and Congress will make changes to the program. Cruz said in November that the 119th Congress would review BEAD and requirements that have drawn GOP criticism. He sought a “pause” in NTIA BEAD activity ahead of Trump’s return to the White House (see 2411220035).

It’s “certainly possible” that Democrats could use their BEAD concerns to attack Roth, who is the panel Republicans’ telecom policy director, Cruz said. Sen. Ed Markey, D-Mass., told us he intends to discuss his misgivings about the Trump administration’s BEAD approach during an eventual Roth hearing. Sen. Ben Ray Lujan, D-N.M., previously said he plans to broach the issue with Roth. During the Lutnick hearing, Markey pressed the commerce secretary nominee to “execute” the 2021 Infrastructure Investment and Jobs Act “and spend the [BEAD] funding as it is written.”

Cruz told us that “on the merits, [Roth] is extremely well qualified” to be NTIA administrator and should easily clear Senate Commerce. He said there isn't yet a “precise timeline” for bringing Roth up for a Senate Commerce confirmation hearing. “There's obviously paperwork that has to be filled out and submitted, but I hope we move expeditiously” to advance her to the Senate floor, Cruz said. Some lobbyists said they believe Cruz intends to schedule Roth for a hearing simultaneously with FCC nominee Olivia Trusty. That session may also include FTC nominee Mark Meador, lobbyists said.

AM Radio Mandate

Senate Commerce advanced S-315 Wednesday on a voice vote, but Sen. John Curtis, R-Utah, asked the panel to record him as opposed. The bill, which the House Commerce Committee approved last year, would require the Department of Transportation to mandate AM radio's inclusion in future automobiles, mostly affecting electric vehicles. Cruz and other bill backers unsuccessfully attempted in December to attach it to a continuing resolution that extended federal appropriations through March 14 (see 2412180033). House Commerce, Manufacturing and Trade Subcommittee Chairman Gus Bilirakis, R-Fla., and House Commerce ranking member Frank Pallone, D-N.J., refiled a companion version (HR-979) Wednesday.

A Curtis spokesperson noted that the senator raised concerns about an earlier version of the measure during a 2023 House Communications Subcommittee hearing (see 2306060088). Curtis, then a House Communications member, said at the time he was “a little conflicted with the concept of the federal government mandating” that automakers include AM radio. He said he doubted U.S. consumers “would still be listening to 8-track tapes” even if Congress in the past made automakers keep equipment to play that technology in vehicles.

Cruz and Cantwell noted strong interest during the Wednesday meeting in making sure the full Senate acts on S-315. “AM radio is a haven for people to express differing viewpoints” and “continues to be the most reliable form of emergency communication during severe weather and power outages,” Cruz said. “I like the notion that we are going to have good, old-fashioned ham radio and car radios” available, Cantwell said: “I hope that we will do something that thinks outside the box … and not just respond to some of the requests by people that think that the digital solution is just the only solution.”

NAB, a lead backer of instituting an AM radio mandate, hailed Senate Commerce action on S-315. The measure “has already gained nearly half of the Senate as cosponsors and cleared a key committee, demonstrating the broad recognition of AM radio’s vital role in keeping Americans informed and safe,” said CEO Curtis LeGeyt.