Senate Commerce Committee Chairman Ted Cruz, R-Texas, and Communications Subcommittee Chair Deb Fischer, R-Neb., probed White House Office of Science and Technology Policy director nominee Michael Kratsios’ views on repurposing midband spectrum during his Tuesday confirmation hearing. The tone of the lawmakers' questions reflected their disagreement about whether a spectrum title in a budget reconciliation package should involve reallocating parts of the DOD-controlled 3.1-3.45 GHz band (see 2502190068). Both cited Kratsios’ role as U.S. chief technology officer during the first Trump administration because it made him part of the White House and DOD's joint America’s Mid-Band Initiative Team. AMBIT worked in 2020 to allow sharing in the 3.45-3.55 GHz band (see 2010130033).
Senate Majority Leader John Thune, R-S.D., told us Monday night that he is unlikely to bring up for floor action this week a Congressional Review Act resolution of disapproval (S.J.Res. 7) to undo the FCC's July 2024 order allowing schools and libraries to use E-rate support for off-premises Wi-Fi hot spots and wireless internet services. “We're doing” two other non-telecom CRA measures this week, led by Sens. John Hoeven, R-N.D., and John Kennedy, R-La., Thune said.
Senate Majority Leader John Thune, R-S.D., told us Monday night that he is unlikely to bring up for floor action this week a Congressional Review Act resolution of disapproval (S.J.Res. 7) to undo the FCC's July 2024 order allowing schools and libraries to use E-rate support for off-premises Wi-Fi hot spots and wireless internet services. Reports circulated Friday that Senate leaders were eyeing floor action as soon as this week on S.J.Res. 7. Senate Commerce Committee Chairman Ted Cruz of Texas and 12 other panel Republicans filed the CRA measure in late January.
Senate Commerce Committee leaders said Thursday night they have designated Sen. Deb Fischer, R-Neb., as Communications Subcommittee chair and Sen. Ben Ray Lujan, D-N.M., as ranking member, as expected (see 2412180052). Lujan chaired the subpanel during the two previous Congresses. Lobbyists said Fischer's elevation to the Senate Communications gavel will further amplify the importance of her vehement opposition to reallocating DOD-controlled spectrum, particularly the 3.1-3.45 GHz band (see 2501070069). Also a senior Armed Services Committee member, Fischer emphasized that position during a Wednesday Senate Commerce hearing, which again put her at odds with panel Chairman Ted Cruz, R-Texas (see 2502190068).
Jones Day’s Yaakov Roth, husband of NTIA nominee Arielle Roth, withdrew Thursday as counsel to Maurine and Matthew Molak in their challenge in the 5th Circuit U.S. Court of Appeals of a 2023 FCC declaratory ruling (docket 23-60641) clarifying that Wi-Fi on school buses is an educational purpose eligible for E-rate funding (see 2411040061). Jones Day’s David Suska will still represent the Molaks, Yaakov Roth said in a letter to the 5th Circuit. Some lobbyists wondered whether the NTIA nominee’s Senate Commerce Committee critics would mention Yaakov Roth because of his role in the Molaks’ E-rate challenge and because he argued on behalf of plaintiffs in the U.S. Supreme Court’s review of West Virginia v. EPA, which led the court in 2022 to fully adopt the “major questions” doctrine (see 2502040056).
American Action Forum’s Jeffrey Westling urged Capitol Hill on Thursday not to abandon hopes of mandating reallocation of some federal agencies’ spectrum as part of a budget reconciliation package. His argument came as DOD backers' lingering objections to reapportioning any military-controlled bands still threaten to derail that push (see 2502180058). Meanwhile, Spectrum for the Future pushed back Wednesday night against what it called “misleading claims” during a Senate Commerce Committee hearing (see 2502190068) that an FCC auction of DOD-controlled midband frequencies could generate $100 billion in revenue.
Senate Commerce Committee Chairman Ted Cruz, R-Texas, seemed during and after a Wednesday panel hearing to be eyeing an escalation of his long-simmering battle with DOD and its most vociferous congressional supporters, who oppose legislation mandating reallocation of spectrum bands for 5G use, which they say could impact military incumbents. Cruz touted his 2024 Spectrum Pipeline Act during the hearing as the preferred language for an airwaves title in a budget reconciliation package, as expected (see 2502180058). Some witnesses strongly praised Cruz's proposal. Sen. Deb Fischer, R-Neb., and many panel Democrats criticized it.
President Donald Trump issued an executive order Tuesday afternoon directing the FCC, other “so-called independent” federal agencies and all other executive branch entities to “submit for review all proposed and final significant regulatory actions” to the White House's Office of Information and Regulatory Affairs (OIRA) “before publication in the Federal Register.” Trump said “it shall be the policy of the executive branch to ensure Presidential supervision and control of the entire executive branch.” Then-President Bill Clinton's 1993 order that set up OIRA mostly exempted independent agencies but subjected them to some obligations.
Senate Armed Services Committee Chairman Roger Wicker, R-Miss., told us last week he is pessimistic about the chances that talks aimed at easing DOD supporters’ objections to repurposing the 3.1-3.45 GHz band and other military-controlled frequencies will lead to a deal in time to allow congressional leaders to include expansive spectrum legislative language in a budget reconciliation package. Other congressional leaders in the spectrum talks noted ongoing efforts to assuage DOD backers. Lobbyists expect the DOD factor to come up repeatedly during a Wednesday Senate Commerce Committee hearing on spectrum legislative issues (see 2502130041).
Sen. Ed Markey of Massachusetts said Thursday he led two other Senate Commerce Committee Democrats -- Ben Ray Lujan of New Mexico and Gary Peters of Michigan -- in raising concerns with FCC Chairman Brendan Carr and Republican Commissioner Nathan Simington about recent commission actions they see as “weaponizing its authority over broadcasters and public media for political purposes.”