Senate Intelligence Committee Chairman Mark Warner, D-Va., said during a Thursday Punchbowl News event he would prefer the chamber pursue a middle-ground between the Spectrum and National Security Act (S-4207) and 2024 Spectrum Pipeline Act (S-3909) as a legislative package for renewing the FCC’s lapsed airwaves auction authority. He also voiced concerns about the Biden administration’s implementation of $65 billion in broadband money from the Infrastructure Investment and Jobs Act, echoing criticisms congressional Republicans raised about how long it has taken for funded projects to come online.
Senate Commerce Committee ranking member Ted Cruz, R-Texas, will likely redirect the panel's airwaves legislative focus toward a version of his 2024 Spectrum Pipeline Act (S-3909) next year should Republicans control the Senate after the Nov. 5 elections and he becomes chairman. Cruz could face continued headwinds from DOD's staunchest Capitol Hill backers if he pursues legislation similar to S-3909, lobbyists and others predicted. Current Senate Commerce Chair Maria Cantwell, D-Wash., hopes she can attach her rival Spectrum and National Security Act (S-4207) to an end-of-year omnibus package (see 2409170066).
FCC Chairwoman Jessica Rosenworcel is pushing back against House GOP criticisms (see 2410070040) of the commission’s September approval of radio broadcaster Audacy’s request for a temporary waiver of foreign-ownership requirements to complete a bankruptcy restructuring that includes George Soros-affiliated entities purchasing its stock. The waiver vote was 3-2, with Republican Commissioners Brendan Carr and Nathan Simington claiming the agency deviated from normal procedure (see 2409300046).
Digital First Project Executive Director Nathan Leamer on Wednesday said whoever chairs the FCC during the next administration should take on a more forceful role in advocating for Congress to renew the commission’s lapsed spectrum auction authority. Leamer, who served as an aide to former FCC Chairman Ajit Pai, said during a Georgetown University Center for Business and Public Policy webcast that whichever party wins the White House Nov. 5 will reexamine broadband affordability issues. He believes the FCC will have to brace for the impact of potential federal court rulings striking down its recent orders reclassifying broadband as a Communications Act Title II service and instituting anti-digital discrimination rules.
Congressional Republicans are eyeing potential legislative changes to rein in what they view as NTIA’s flawed implementation of the $42.5 billion broadband equity, access and deployment program if the party wins control of Capitol Hill in the Nov. 5 elections. GOP lawmakers are stopping short of publicly suggesting Congress claw back BEAD funding, but Democrats are raising concerns about that possibility. Policy experts expect it will be difficult for lawmakers to reach a consensus on major BEAD changes during the next Congress given the Hill’s polarized reactions to the program over the past year.
Senate Majority Leader Chuck Schumer, D-N.Y., “remains supportive” of the Spectrum and National Security Act (S-4207) “and believes Republicans and Democrats should come together on a robust spectrum package to ensure the U.S. has a competitive edge for 5G, while delivering affordable internet to American families and securing bipartisan national security and innovation priorities,” a spokesperson emailed. S-4207 would restore the FCC’s spectrum auction authority through Sept. 30, 2029, and provide a vehicle for allocating funding for the commission’s lapsed affordable connectivity program and other telecom priorities. Lead sponsor Senate Commerce Committee Chair Maria Cantwell, D-Wash., is eyeing potentially attaching the measure to an end-of-year package amid attempts to resurrect it after it repeatedly stalled earlier this year (see 2409170066). Schumer’s continued support for S-4207 is important because there was uncertainty about whether he would back a push to attach it to year-end legislation or pivot to prioritize a version of the Proper Leadership to Align Networks for Broadband Act (S-2238) that Senate Commerce amended in July to include funding for ACP and rip and replace (see 2408220041), lobbyists told us.
Former President Donald Trump called Thursday for the FCC to pull licenses for all U.S. broadcast networks, an apparent escalation from his recent threats against ABC and CBS over what he claims has been biased coverage of his campaign as the Republicans’ 2024 nominee (see 2409110058). Trump has repeatedly sought FCC revocation of broadcasters’ licenses since early in his 2017-2021 administration (see 1710110075). FCC Chairwoman Jessica Rosenworcel quickly shot down Trump’s threat, going beyond her similar responses to past incidents (see 2409120056) and directly criticizing the former president.
House Oversight Committee Chairman James Comer, R-Ky., is taking aim again at the FCC and FTC with less than a month left before the Nov. 5 presidential election. Comer said Tuesday he’s expanding his probe of FTC actions under Chair Lina Khan (see 2306010053) to examine her attendance at upcoming policy events as a way to campaign for Vice President Kamala Harris, the Democrats’ presidential nominee, and congressional candidates. House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., and GOP former FCC Commissioner Mike O’Rielly have criticized Khan’s pro-Harris activities in recent days (see 2410020046).
Congressional Democratic leaders remain intent on attaching funding to restore the FCC’s lapsed affordable connectivity program to a year-end legislative package (see 2409170066). Some lawmakers acknowledge the push faces long odds in what’s likely to be a fraught lame-duck session. Some ACP boosters believe Capitol Hill’s lame-duck dynamics could change depending on the outcome of the Nov. 5 election. GOP lawmakers aren’t enthusiastic about attaching ACP money to a legislative vehicle this year, in part citing their longstanding demand for a major overhaul of the program in conjunction with additional funding.
House Oversight Committee GOP leaders said Thursday night they launched an investigation into the FCC’s handling of radio group Audacy’s request for a temporary waiver of FCC foreign-ownership rules to complete a bankruptcy restructuring that includes George Soros-affiliated entities purchasing its stock. Panel Chairman James Comer, R-Ky., and Rep. Nick Langworthy, R-N.Y., claim the FCC’s expected approval of Audacy’s request (see 2409170015) represents a politicization of the review process just more than one month before the Nov. 5 presidential election. Langworthy briefly raised the issue during a House Oversight hearing earlier this month (see 2409190063).