Language from the Journalism Competition and Preservation Act (S-673) didn’t make it into a compromise version of the FY 2023 National Defense Authorization Act released Tuesday, after a wave of criticism from the bill’s opponents (see 2212050067). The House was expected to vote on the revised NDAA, filed as an amendment to shell bill HR-7776, as soon as Wednesday night. The broadcasting industry, which backs JCPA, faced a potential second legislative hit Wednesday at a House Judiciary Committee markup of the American Music Fairness Act (HR-4130), which NAB opposes (see 2202090053).
House Communications Subcommittee leaders are monitoring from afar Senate Commerce Committee negotiations on a potential compromise spectrum measure with an eye on the legislative clock as they question if a viable alternative to the existing Spectrum Innovation Act (HR-7624) is achievable amid the jam-packed lame-duck session. Fraught talks are underway aimed at reaching a deal on an FY 2023 appropriations omnibus package seen as a potential vehicle for passing spectrum legislation and allocating new funding for two bipartisan telecom priorities: the FCC’s Secure and Trusted Communications Networks Reimbursement Program and next-generation 911 tech upgrades. Hill leaders released a compromise version of the FY 2023 National Defense Authorization Act Tuesday without language authorizing funding for the telecom priorities (see 2212070056).
Senate Antitrust Subcommittee Chair Amy Klobuchar, D-Minn., struck back Tuesday against opponents of her Journalism Competition and Preservation Act (S-673) following a wave of outcry against a bid to attach the controversial bill to the FY 2023 National Defense Authorization Act (see 2212050067). Text of a pending compromise version of the annual measure, to be filed as an amendment to shell bill HR-7776, again failed to materialize by Tuesday afternoon, amid fractious negotiations.
Facebook parent Meta threatened Monday to "consider removing news from our platform altogether" if Congress passes the FY 2023 National Defense Authorization with language from the controversial Journalism Competition and Preservation Act (S-673), part of an outcry from opponents of the measure amid reports that Senate leaders planned to attach JCPA in the annual measure. The Senate Judiciary Committee-cleared S-673 (see 2209220077) would create a limited antitrust exemption to allow news publishers to collectively bargain with tech platforms for the use of their content. The House Judiciary Committee hasn't voted on companion HR-1735. The House Rules Committee postponed plans to vote Monday on a rule setting up floor debate on the measure, to be filed as an amendment to shell bill HR-7776, because the bill wasn’t yet ready.
A bid to circumvent FCC barriers on broadcasters airing ads for cannabis products in states where they're legal faces uncertain prospects on Capitol Hill. Federal law bars broadcasters from carrying ads for marijuana and other schedule 1 controlled substances. The House passed its FY23 FCC appropriations bill (HR-8294) in July with a rider barring the FCC from using its funding to revoke or otherwise condition a broadcaster’s license because it airs ads for cannabis products (see 2206270061).
Senate Commerce Committee leaders told us Wednesday they’re moving closer to agreement on some elements of a spectrum legislative package that goes beyond simply renewing the FCC’s auction authority but haven’t reached a deal to move such a measure during the lame-duck session. Meanwhile, the prospects for Senate confirmation of FCC nominee Gigi Sohn before the end of this Congress are further diminishing (see 2211180076) as leaders define legislative priorities before House control flips to the GOP in January, Commerce leaders said.
An additional short-term extension of the FCC’s spectrum auction authority past Dec. 16 is looking increasingly likely amid congressional negotiations that have made some progress since late September but haven’t bridged gaps on policy issues like the structure of a proposed auction of the 3.1-3.45 GHz band, said lawmakers and others in interviews. Congress temporarily renewed the FCC’s authority in September as part of a continuing resolution to extend federal appropriations, in hopes an additional two months of talks would yield a broader deal on spectrum legislation (see 2209300058).
House Communications Subcommittee Vice Chair Doris Matsui, D-Calif., confirmed she's "looking forward to the opportunity to serve" as subpanel ranking member in the next Congress, as expected (see 2211170089). She would succeed current lead Democrat Chairman Mike Doyle of Pennsylvania, who's retiring at the end of this Congress (see 2111120002). "I’m proud of what Democrats have been able to accomplish" on House Communications over the last four years "and I look forward to building on that progress," Matsui said in a statement to us. "I've fought for policies that create a more inclusive digital economy while encouraging innovation and job growth. That means increasing access to reliable, affordable, high-speed broadband for all families and introducing" the Net Neutrality and Broadband Justice Act (HR-8573/S-4676) to "guarantee a free and open internet through strong net neutrality protections." She has "worked to secure American telecommunications networks" as a co-sponsor of the Secure and Trusted Communications Networks Act "to rip and replace vulnerable Chinese equipment and promoting the deployment of open and interoperable communications technology." Matsui also cited her role as lead House Democratic sponsor of the original Creating Helpful Incentives to Produce Semiconductors for America Act as "lifeline and a down payment on future innovation."
FCC nominee Gigi Sohn’s Senate supporters face what’s likely to be an even more compressed timeline to confirm her during the busy lame-duck session because the chamber will probably need to delay any push until after the Dec. 6 Georgia runoff election between Commerce Committee Democrat Raphael Warnock and Republican challenger Herschel Walker, said panel Chair Maria Cantwell, D-Wash., and others in interviews. Cantwell and other Sohn supporters believe the nominee’s confirmation prospects improved significantly because Democrats at least cemented a 50-50 tie in the chamber following the midterm election, but opponents continue to insist confirmation isn't a certainty. Some Sohn supporters also acknowledge continued Democratic Senate control means there’s no longer the same urgency to press for approving her this year (see 2209130065).
Senate Commerce Committee Chair Maria Cantwell, D-Wash., and Communications Subcommittee ranking member John Thune, R-S.D., confirmed to us this week they intend to stay in their respective roles in the 118th Congress. Incompas CEO Chip Pickering said during a Thursday webinar he believes there will be relative continuity in the House and Senate Commerce panels’ leadership. That continuity contrasted with top-level turnover in House Democratic leadership after Thursday announcements by House Speaker Nancy Pelosi of California and Majority Leader Steny Hoyer of Maryland that they will step down from top party roles after this Congress.