The FCC’s persistent 2-2 tie since the beginning of the Biden administration and the resulting dearth of partisan Democratic telecom policy actions will likely blunt the level of criticism Chairwoman Jessica Rosenworcel and the commission will initially face from House Commerce Committee Republicans during the next Congress if their party wins a majority in the Nov. 8 election, said ex-panel Chairman Greg Walden, R-Ore., and other observers in interviews. But Commerce GOP oversight of the FCC would likely ratchet up significantly if and when the commission returns to a 3-2 Democratic majority, officials said. Regardless, there will be a major emphasis on whether the FCC is abiding by the Supreme Court’s embrace of the "major questions” doctrine in its West Virginia v. EPA ruling (see 2206300066), officials said.
FCC Chairwoman Jessica Rosenworcel confirmed Thursday she has received a letter from acting FAA Administrator Billy Nolen asking that the agency mandate voluntary protections for radio altimeters agreed to by Verizon and AT&T in the C band (see 2206170070) for 19 other providers who bought spectrum in the record-setting auction. “I have seen the letter” and “we are in discussions with our colleagues at NTIA,” Rosenworcel told reporters after the FCC meeting. Commissioner Brendan Carr said he was happy to look at FAA concerns, but believes the time to raise new objections has passed.
House Republican Conference Chair Elise Stefanik of New York and Rep. Mike Gallagher, R-Wis., filed the Foreign Adversary Communications Transparency Act on Tuesday on bid to counter the influence of the Chinese government and other foreign governments on U.S. telecom infrastructure. Stefanik’s office cited the U.S. government’s Monday filing of charges against two Chinese intelligence officers with attempting to obstruct the DOJ’s criminal investigation into Huawei (see 2210240059) as an impetus for filing the measure now. Senate Intelligence Committee Chairman Mark Warner, D-Va., and House Commerce Committee ranking member Cathy McMorris Rodgers, R-Wash., separately raised concerns about the Chinese government’s interference.
NTIA intends to open a planned request for comment as part of its work to move forward on a national spectrum strategy (see 2209190061) “sooner rather than later,” but there’s no specific timeline, Senior Spectrum Adviser Scott Harris said Wednesday during a Georgetown University Center for Business and Public Policy event. House Communications Subcommittee Chief GOP Counsel Kate O’Connor, meanwhile, urged the Senate Commerce Committee to advance the House-passed Spectrum Innovation Act (HR-7624) and faulted the House Commerce Committee's recent oversight of interagency spectrum policy infighting.
Congressional telecom policy leaders and other observers are hopeful but not certain that additional funding for the FCC’s Secure and Trusted Communications Networks Reimbursement Program and next-generation 911 tech upgrades will remain top priorities in FY 2023 appropriations talks, amid the apparent lack of consensus so far on allocating future spectrum auction proceeds for that purpose. Lawmakers agreed last month to temporarily extend the FCC’s auction authority through Dec. 16 via a continuing resolution to buy additional time for talks on a broader spectrum legislative package that allocates sales proceeds to telecom projects (see 2209300058).
Congress is buying itself more time to continue negotiations on a potential spectrum legislative package by agreeing to temporarily extend the FCC’s auction authority through Dec. 16 (see 2209210076), but the breathing room hasn’t appreciably improved prospects those talks will result in a deal by the new deadline, lawmakers and lobbyists told us last week. The House voted 230-201 Friday to pass a continuing resolution that includes the FCC renewal and an extension of federal appropriations to the Dec. 16 date (HR-6833). The Senate approved it Thursday (see 2209290066). President Joe Biden was expected to sign the measure before FY 2022 appropriations expired late Friday.
House Commerce Committee ranking member Cathy McMorris Rodgers, R-Wash., warned the FCC and FTC not to "continue to exceed Congressional authorizations" given the "limitations" on their authority highlighted in the Supreme Court's June West Virginia v. EPA ruling. The high court further clamped down on the ability of agencies like the FCC to regulate without clear direction from Congress (see 2206300066). The committee "will exercise our robust investigative and legislative powers" to ensure federal agencies don't overreach, Rodgers told FCC Chairwoman Jessica Rosenworcel and FTC Chair Lina Khan in Sept. 23 letters released Wednesday. Rodgers appears to be putting federal agencies on notice ahead of the GOP's potential regain of House control in the Nov. 8 midterm election.
Telecom-focused lawmakers are hopeful they will be able to reach a final deal in the coming days to include a short-term extension of the FCC’s expiring spectrum auction authority in a potential continuing resolution to extend federal appropriations past Sept. 30 (see 2209090053). Talks Wednesday appeared to be strongly coalescing around a stopgap reauthorization through Dec. 16 -- in line with the likely expiration of the overall CR -- but there’s been no final deal, lawmakers and lobbyists told us. Lawmakers believe the temporary renewal will give them more breathing room to reach a deal on a broader spectrum legislative package during the lame-duck session (see 2208090001).
House Agriculture Committee leaders eyed how to address broadband issues in the 2023 farm bill during a Thursday hearing, with panel ranking member Glenn Thompson, R-Pa., and some others noting dissatisfaction with the degree to which the $65 billion in connectivity money included in the Infrastructure Investment and Jobs Act would affect rural areas. “Rural broadband will continue to be a major focus” for House Agriculture despite House passage of IIJA’s connectivity money instead of the panel-approved Broadband Internet Connections for Rural America Act (HR-4374), which included $43 billion to Rural Utilities Service programs for FY 2022-29 (see 2107140061), said panel Chairman David Scott, D-Ga.
The Senate is highly unlikely to act on FCC nominee Gigi Sohn before the November election amid a busy legislative calendar and a campaign-centric atmosphere on Capitol Hill that’s made confirmation next to impossible for any Biden administration picks who lack GOP support, lawmakers and lobbyists said in interviews. Top Senate Commerce Committee Republicans all but shot down speculation that circulated during the August recess that pairing Sohn with an eventual replacement for retiring GOP FTC Commissioner Noah Phillips (see 2208170039) could ease GOP opposition to the FCC nominee’s confirmation.