Jimm Phillips

A three-judge panel from the U.S. Court of Appeals for the D.C. Circuit was skeptical on Monday of TikTok’s argument that the Protecting Americans from Foreign Adversary Controlled Applications Act's planned ban of the platform in the U.S. is unconstitutional (see 2406210004). The statute requires China-affiliated ByteDance must sell TikTok by Jan. 19 to avoid the ban. The D.C. Circuit’s review also looped in a related challenge to that law from a group of TikTok creators. DOJ and ByteDance want the D.C. Circuit to rule by early December so they can have time for a likely challenge in the U.S. Supreme Court before the Jan. 19 divestiture deadline.

House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., confirmed to us that the panel will mark up the AM Radio for Every Vehicle Act (HR-8449) next week but was uncertain about whether a pair of controversial privacy bills -- the American Privacy Rights Act (HR-8818) and Kids Online Safety Act (HR-7891) -- will also be on the docket. House Commerce scuttled a planned June markup of HR-8449 (see 2406270059), which would mandate automakers include AM radio technology in future electric vehicles, because of some House GOP leaders’ opposition to HR-7891 and HR-8818. “We’re still working through” whether there will be consensus to move on HR-7891 and HR-8818 next week, Rodgers said in a brief interview. The Senate voted 91-3 in late July (see 2407300042) to pass its HR-7891 companion, S-1409, as part of a package that included the Children and Teens’ Online Privacy Protection Act (S-1418) Rodgers and other HR-7891 backers have been hoping to use the bipartisan Senate vote on KOSA to gain momentum for House action on the measure amid resistance from House Speaker Mike Johnson, R-La., and other chamber GOP leaders to that measure and HR-8818 that derailed the June markup session (see 2406270046), lobbyists told us. House Commerce and HR-7891 backers “continue to work on a bipartisan path forward in the House on behalf of the millions of parents who deserve the ability to keep their kids safe,” a panel spokesperson said. S-1409 cosponsor Sen. Marsha Blackburn, R-Tenn., touted new endorsements of the bill Thursday from 10 conservative leaders, including former Arkansas Gov. Mike Huckabee (R) and several former Trump administration officials.

Former President Donald Trump said Wednesday the FCC should revoke Disney-owned ABC’s licenses after what many observers considered his poor presidential debate performance Tuesday night against Vice President Kamala Harris, the Democrats’ nominee. Trump has repeatedly said broadcast networks and other entities should lose their ‘licenses’ over their coverage of him, including January comments that NBC and CNN are “crooked” and should “have their licenses or whatever they have taken away” (see 2401170050). Harris and Trump, the Republicans’ presidential nominee, briefly traded barbs during the evening about the U.S. tech leadership position with China.

House Administration Committee ranking member Joe Morelle of New York, Communications Subcommittee ranking member Doris Matsui of California and other Democrats voiced continued support Wednesday for FCC Chairwoman Jessica Rosenworcel’s embattled AI political ad disclosures NPRM (see 2407250046). However, they suggested the agency should take further steps if Congress can agree on relevant legislation. Congressional Republicans have repeatedly criticized FCC action on the matter so near the November elections, including during a July House Communications agency oversight hearing (see 2407090049).

The House Commerce Committee will mark up the AM Radio for Every Vehicle Act (HR-8449) next week, lead sponsor Rep. Gus Bilirakis, R-Fla., told us Tuesday. “That's what I'm hearing,” he said. The panel scuttled a planned June markup of HR-8449 (see 2406270059), which would mandate automakers include AM radio technology in future electric vehicles, because of some House GOP leaders’ opposition to two other bills on the docket: the American Privacy Rights Act (HR-8818) and Kids Online Safety Act (HR-7891). It was unclear Tuesday afternoon whether House Commerce would try to include HR-7891 and HR-8818 in the next markup session.

House Communications Subcommittee members traded partisan barbs about NTIA’s implementation of the $42.5 billion broadband equity, access and deployment (BEAD) program, as expected (see 2409040040). Republicans delivered most of the criticism, in part blasting NTIA for what they view as an unnecessarily long timeline for rolling out the money. House Commerce Committee panel GOP leaders launched a probe in July of NTIA’s BEAD-related communications with state broadband offices (see 2407090057). Democrats defended NTIA’s management of the program and blasted GOP lawmakers for obstructing recent broadband funding efforts.

The House Communications Subcommittee plans a Sept. 10 hearing on NTIA’s implementation of the $42.5 billion broadband equity, access and deployment (BEAD) program, setting up what could be a contentious start to Congress’ return next week from its month-plus August recess. The Benton Institute for Broadband & Society and five other groups, meanwhile, included BEAD among case studies in a Wednesday paper urging ISPs and local governments to strengthen their collaboration to aid the permitting process for connectivity projects.

Senate Commerce Committee ranking member Ted Cruz, R-Texas, latched on to a new Government Accountability Office report about the Universal Service Administrative Company’s handling of the Universal Service Fund to criticize the program’s spending and repeat his call for Congress to make USF subject to the federal appropriations process (see 2403060090). Democratic FCC Commissioner Anna Gomez, meanwhile, told us earlier this month that Congress must prioritize a legislative fix for the USF contribution mechanism after the 5th U.S. Circuit Court of Appeals' recent ruling that the current funding factor is unconstitutional (see 2407240043).

Telecom lobbyists are closely watching whether Senate backers of the Spectrum and National Security Act (S-4207) can secure a hoped-for September markup of the measure given recent efforts to move the Proper Leadership to Align Networks for Broadband Act (S-2238) as an alternative vehicle for funding the FCC’s lapsed affordable connectivity program (see 2408150039). The Senate Commerce Committee in July adopted amendments to S-2238 that attached funding for ACP and the FCC’s Secure and Trusted Communications Networks Reimbursement Program (see 2407310048). Several observers pointed to a proxy fight about spectrum issues during Senate Commerce’s consideration of S-2238 as evidence negotiations on S-4207 are likely to remain fraught.

House Commerce Committee Chair Cathy McMorris Rodgers of Washington, Senate Commerce Committee ranking member Ted Cruz of Texas and six other top GOP lawmakers urged the 6th U.S. Circuit Court of Appeals Monday to strike down the FCC’s April net neutrality rules and reclassification of broadband as a Communications Act Title II service (see 2408140043). FCC Chairwoman Jessica Rosenworcel separately told Rodgers, Cruz and other Republican lawmakers she remains “confident that the Commission’s rules and decisions will withstand judicial review under the [U.S.] Supreme Court’s decision in Loper Bright Enterprises v. Raimondo and other applicable precedent.”