Jimm Phillips

President-elect Donald Trump said Tuesday night he’s naming Republican FTC Commissioner Andrew Ferguson as permanent chair of the commission when he takes office Jan. 20 and will nominate Mark Meador, a former antitrust staffer for Senate Antitrust Subcommittee ranking member Mike Lee, R-Utah., to the commission seat currently held by Chair Lina Khan. Both moves were expected. Khan’s current term expired Sept. 26, meaning she would have needed renomination to another term to remain at the FTC. Ferguson has been a commissioner since earlier this year.

Senate Armed Services Committee ranking member Roger Wicker, R-Miss., and some other congressional leaders are objecting to a compromise version of the FY 2025 National Defense Authorization Act (HR-5009) released Saturday night with language allocating $3.08 billion to fully fund the FCC’s Secure and Trusted Communications Networks Reimbursement Program (see 2412070001). The leaders’ concerns complicate plans for HR-5009's passage. House leaders are eyeing a vote on the measure this week. Meanwhile, some lawmakers want to attach the AM Radio for Every Vehicle Act (HR-8449) and permanently lift some telehealth restrictions via other end-of-year measures.

The House Republican Steering Committee said Monday afternoon they selected Health Subcommittee Chairman Brett Guthrie of Kentucky to lead Commerce Committee in the next Congress. Guthrie prevailed over current Communications Subcommittee Chairman Bob Latta, R-Ohio, who is term-limited out of that role at the end of this Congress. The full House GOP conference still needs to approve Guthrie's selection. Guthrie, a Congressional Spectrum Caucus co-chair and a past House Communications member, said earlier this year an airwaves legislative package would be be a top priority if he became House Commerce chairman and such legislation didn't already pass this year (see 2404110059). Guthrie also backs a Universal Service Fund revamp (see 2411270060). Latta congratulated Guthrie shortly after the vote.

The House and Senate Armed Services committees released a compromise version of the FY 2025 National Defense Authorization Act (HR-5009) Saturday night with language allocating $3.08 billion to fully fund the FCC’s Secure and Trusted Communications Networks Reimbursement Program, as expected. The measure also provides up to $500 million through 2033 to the Commerce Department for regional tech hubs. The language in HR-5009, originating from the Spectrum and Secure Technology and Innovation Act (S-4207), would give the FCC $3.08 billion in Treasury Department borrowing authority for rip and replace reimbursements.

Some congressional backers of the FCC’s Secure and Trusted Communications Networks Reimbursement Program are beginning to see momentum turn toward including an additional $3.08 billion that will fully fund the initiative in an end-of-year legislative package (see 2411190064), but they aren’t guaranteeing success yet. Lawmakers and other rip-and-replace boosters hope congressional scrutiny of the Salt Typhoon Chinese government-affiliated effort at hacking U.S. telecom networks (see 2411190073) could be a tipping point for securing the funding after multiple spectrum legislative proposals, meant to pay for the program, stalled in recent years.

The Senate Communications Subcommittee plans a Dec. 11 hearing on telecom network security issues, the Commerce Committee said Wednesday. Communications policy lobbyists told us Senate Commerce leaders want the hearing to amplify the push for a year-end vehicle appropriating $3.08 billion to fully fund the FCC’s Secure and Trusted Communications Networks Reimbursement Program (see 2411190064) amid some signs that chamber leaders are moving closer to agreeing to attach the money to a legislative package. Competitive Carriers Association CEO Tim Donovan, a major rip-and-replace funding proponent, is among those set to testify. Also on the witness docket: James Lewis, Center for Strategic and International Studies Technology and Public Policy Program director, and Global Cyber Strategies CEO Justin Sherman. The Senate Communications hearing will begin at 2:30 p.m. in 253 Russell. Lobbyists said the panel is also likely to focus on the “Salt Typhoon” Chinese government-affiliated effort to hack U.S. telecom networks (see 2411190073). FCC Chairwoman Jessica Rosenworcel, Director of National Intelligence Avril Haines and other Biden administration officials were briefing senators on the matter behind closed doors at our deadline.

Democratic FCC Commissioner Geoffrey Starks said Wednesday he has “no plans to resign,” an apparent response to talk that he was eyeing a Jan. 20 departure, in tandem with Chairwoman Jessica Rosenworcel, when Republican Commissioner Brendan Carr takes the gavel (see 2411210028). Several Senate Commerce Committee Democrats told us earlier Wednesday they were concerned that he would leave early and they were considering joining Majority Leader Chuck Schumer, D-N.Y., in pushing Starks to stay into the early months of President-elect Donald Trump’s second administration. Punchbowl News first reported Tuesday night that Schumer is urging Starks to stay. Meanwhile, Republican Commissioner Nathan Simington also is facing pressure to delay an early potential exit, but his departure doesn’t appear as imminent.

Communications industry executives and former federal officials said during a Practising Law Institute event Tuesday they see a likely GOP-led budget reconciliation package next year as a potential vehicle for legislation that would reinstate the FCC’s lapsed spectrum auction authority. House Commerce Committee leaders and Senate Commerce Committee Chair Maria Cantwell, D-Wash., have repeatedly attempted to reinstate the authority during this Congress only to have their efforts stall (see 2409170066).

Senate Commerce Committee ranking member Ted Cruz, R-Texas, could shift the direction Congress’ USF revamp takes when he becomes the panel’s chairman in January, lawmakers and lobbyists told us. Observers believe his impact on what Congress decides will partially depend on how the U.S. Supreme Court rules when it reviews the FCC appeal of the 5th U.S. Circuit Court of Appeals' ruling in favor of Consumers' Research's challenge of the USF contribution methodology (see 2411220050). A high court ruling upholding the 5th Circuit could shift momentum in favor of Cruz’s proposal that Congress make USF funding part of the appropriations process, officials said.

Senate Armed Services Committee ranking member Roger Wicker, R-Miss., said Thursday night he’s endorsing aide Olivia Trusty to be President-elect Donald Trump’s nominee for the FCC seat current Chairwoman Jessica Rosenworcel intends to vacate Jan. 20 (see 2411210028). Trusty worked on telecom issues for Wicker when he chaired the Senate Commerce Committee and Communications Subcommittee. She is among several potential contenders to become the FCC’s third Republican who lobbyists and other observers have mentioned since Trump won a second term earlier this month (see 2411060042). “There is absolutely no one more capable of serving as an FCC Commissioner than Olivia Trusty, and I am confident that President Trump and his team will come to that same conclusion quickly,” Wicker said in a statement. Lobbyists previously tipped Trusty as a potential FCC candidate in 2020 after Trump revoked then-Commissioner Mike O’Rielly’s renomination (see 2009090001). Wicker touted her as a potential Republican FTC nominee in 2022 (see 2209130065).