Jones Day’s Yaakov Roth, husband of NTIA nominee Arielle Roth, withdrew Thursday as counsel to 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). Jones Day’s David Suska will still represent the Molaks, Yaakov Roth said in a letter to the 5th Circuit. Some lobbyists wondered whether the NTIA nominee’s Senate Commerce Committee critics would mention Yaakov Roth because of his role in the Molaks’ E-rate challenge and because he argued on behalf of plaintiffs in the U.S. Supreme Court’s review of West Virginia v. EPA, which led the court in 2022 to fully adopt the “major questions” doctrine (see 2502040056).
American Action Forum’s Jeffrey Westling urged Capitol Hill on Thursday not to abandon hopes of mandating reallocation of some federal agencies’ spectrum as part of a budget reconciliation package. His argument came as DOD backers' lingering objections to reapportioning any military-controlled bands still threaten to derail that push (see 2502180058). Meanwhile, Spectrum for the Future pushed back Wednesday night against what it called “misleading claims” during a Senate Commerce Committee hearing (see 2502190068) that an FCC auction of DOD-controlled midband frequencies could generate $100 billion in revenue.
Senate Commerce Committee Chairman Ted Cruz, R-Texas, seemed during and after a Wednesday panel hearing to be eyeing an escalation of his long-simmering battle with DOD and its most vociferous congressional supporters, who oppose legislation mandating reallocation of spectrum bands for 5G use, which they say could impact military incumbents. Cruz touted his 2024 Spectrum Pipeline Act during the hearing as the preferred language for an airwaves title in a budget reconciliation package, as expected (see 2502180058). Some witnesses strongly praised Cruz's proposal. Sen. Deb Fischer, R-Neb., and many panel Democrats criticized it.
President Donald Trump issued an executive order Tuesday afternoon directing the FCC, other “so-called independent” federal agencies and all other executive branch entities to “submit for review all proposed and final significant regulatory actions” to the White House's Office of Information and Regulatory Affairs (OIRA) “before publication in the Federal Register.” Trump said “it shall be the policy of the executive branch to ensure Presidential supervision and control of the entire executive branch.” Then-President Bill Clinton's 1993 order that set up OIRA mostly exempted independent agencies but subjected them to some obligations.
Senate Armed Services Committee Chairman Roger Wicker, R-Miss., told us last week he is pessimistic about the chances that talks aimed at easing DOD supporters’ objections to repurposing the 3.1-3.45 GHz band and other military-controlled frequencies will lead to a deal in time to allow congressional leaders to include expansive spectrum legislative language in a budget reconciliation package. Other congressional leaders in the spectrum talks noted ongoing efforts to assuage DOD backers. Lobbyists expect the DOD factor to come up repeatedly during a Wednesday Senate Commerce Committee hearing on spectrum legislative issues (see 2502130041).
Sen. Ed Markey of Massachusetts said Thursday he led two other Senate Commerce Committee Democrats -- Ben Ray Lujan of New Mexico and Gary Peters of Michigan -- in raising concerns with FCC Chairman Brendan Carr and Republican Commissioner Nathan Simington about recent commission actions they see as “weaponizing its authority over broadcasters and public media for political purposes.”
House Judiciary Committee ranking member Jamie Raskin of Maryland, other panel Democrats and Free Press co-CEO Craig Aaron used a Wednesday hearing aimed at reviewing instances of claimed Biden administration censorship to lambaste Republican FCC Chairman Brendan Carr for ordering a string of investigations against U.S. broadcasters. The probes, launched since Carr took office Jan. 20, thus far focus on broadcasters that have aired content critical of President Donald Trump or otherwise face claims of pro-Democratic Party bias, though Carr has, in some cases, framed the scrutiny as focused on other matters (see 2502110063). House Judiciary Democrats also sharply criticized X owner Elon Musk for actions on the social media platform that they view as censorship of anti-Trump content.
House Commerce Committee Chairman Brett Guthrie, R-Ky., told reporters Tuesday that he won’t seek nomination for the seat of former Senate Majority Leader Mitch McConnell, R-Ky., if the incumbent decides not to run for reelection. Guthrie became House Commerce chairman in January. “I want this job, and I wouldn’t trade it” now for a Senate run, regardless of whether McConnell seeks another term, Guthrie said. “So 100% I’m not” running for that office.
Comcast confirmed Tuesday that FCC Chairman Brendan Carr has asked the Enforcement Bureau to launch a probe of its and subsidiary NBCUniversal’s diversity, equity and inclusion programs to determine if they violate equal employment opportunity laws. The move is Carr’s latest foray against U.S. broadcasters, including probes of CBS, NPR and PBS (see 2502050063 and 2501300065), since he became FCC chairman Jan. 20. Sen. Ed Markey, D-Mass., railed against the FCC and other federal agencies Tuesday for collectively “waging a relentless war on online speech and independent journalism” in the weeks since President Donald Trump returned to office last month.
Supporters of the AM Radio for Every Vehicle Act told us they see the Senate Commerce Committee’s strong vote Wednesday to advance its revised version of the measure (S-315) as a positive early step. But they acknowledged the Capitol Hill dynamics that led congressional leaders to scuttle a December bid to pass an earlier version of the measure via a year-end package remains an obstacle. Senate Commerce advanced S-315 on a voice vote, with Sen. John Curtis, R-Utah, asking the panel to record him as opposed (see 2502050052).