Jimm Phillips

The Senate Commerce Committee plans a March 21 spectrum policy hearing that will focus at least in part on a potential clean FCC auction mandate renewal in the face of stalled talks on a more comprehensive package, panel Chair Maria Cantwell, D-Wash., told us Thursday. Senate Commerce hadn’t yet formally noticed the hearing Thursday afternoon. Cantwell has been eyeing a five-to-seven-year FCC reauthorization and has received a score on the proposal from the Congressional Budget Office, communications policy lobbyists told us.

The House Communications Subcommittee unanimously advanced the Foreign Adversary Communications Transparency Act (HR-820), Future Uses of Technology Upholding Reliable and Enhancing Networks Act (HR-1513) and two other anti-China communications security bills Tuesday. House China Committee Chairman Mike Gallagher, R-Wis., meanwhile, is pressing the FCC on whether it will act on reports that mobile devices in the U.S. are still processing signals from China’s BeiDou and Russia’s global navigation satellite systems (GNSS).

Senate Commerce Committee ranking member Ted Cruz, R-Texas, and Communications Subcommittee ranking member John Thune, R-S.D., filed their long-circulating 2024 Spectrum Pipeline Act Monday with some changes from a draft version proposed in the fall (see 2311220063). The proposal drew sharply divided reactions from communications policy stakeholders. Some lobbyists suggested Cruz and Thune filed the measure Monday to get ahead of NTIA's planned release later this week of its implementation plan for the Biden administration's national spectrum strategy (see 2403050048).

President Joe Biden is requesting increased funding in FY 2025 for the FCC, Patent Office and the Commerce Department’s Bureau of Industry and Security (see 2303130070). The FY25 requests are lower than FY24's for the FTC, NTIA, the National Institute of Standards and Technology, DOJ’s Antitrust Division and some Agriculture Department broadband programs, though in some cases the Biden proposal exceeds ultimate Congressional allocations for FY24. Biden signed off Saturday on the Consolidated Appropriations Act FY24 appropriations minibus package (HR-4366), which included funding cuts for NTIA and other Commerce agencies but a slight increase for DOJ Antitrust (see 2403040083). The Senate voted 75-22 Friday night to approve the package.

Backers of Congress giving the FCC stopgap funding to keep the affordable connectivity program running through FY 2024 latched onto President Joe Biden's short mention of internet affordability in his State of the Union speech Thursday night to bolster that push. Biden also said Congress should pass comprehensive data privacy legislation and briefly touched on other tech policy issues. He didn't mention the House Commerce Committee's push to require TikTok Chinese owner ByteDance to divest the app for it to continue operating in the U.S., despite its supporters' rapid push to advance it (see 2403080035).

House leaders removed the NTIA Reauthorization Act (HR-4510) from floor consideration Tuesday amid other committees’ objections to it, the bill’s sponsors told us Wednesday. Chamber leaders previously scheduled consideration of HR-4510 under suspension of the rules (see 2403010073), along with two other telecom-focused bills. The House voted 339-85 Wednesday to pass H.Res. 1061, which amended vehicle HR-4366 to become the Consolidated Appropriations Act FY24 appropriations minibus package that includes reduced funding for NTIA and other Commerce Department agencies compared with FY 2023 but a slight increase for the DOJ Antitrust Division (see 2403040083).

The Senate reconfirmed Democratic FTC Commissioner Rebecca Kelly Slaughter and approved Republican commission nominees Andrew Ferguson and Melissa Holyoak Thursday night on voice votes, setting the body up to soon return to a 3-2 Democratic majority. The commission hasn't had any Republican members since former Commissioner Christine Wilson departed in March 2023. Sen. Josh Hawley, R-Mo., lifted his hold on Ferguson earlier Thursday after Senate Minority Leader Mitch McConnell, R-Ky., voted for Hawley’s Radiation Exposure Compensation Reauthorization Act (S-3853). Ferguson, Virginia's solicitor general, is a former McConnell aide. The chamber also unanimously confirmed FCC inspector general nominee Fara Damelin, setting up the watchdog office to have its first permanent leader since Congress made it independent of the agency in 2018.

Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., and House Communications Subcommittee ranking member Doris Matsui, D-Calif., voiced varying levels of optimism during a Tuesday Incompas conference (see 2403050052) about the prospects that lawmakers will be able to reach a deal on stopgap funding that will keep the FCC’s affordable connectivity program running past this spring. The FCC said in a Monday update on its wind-down of the program that it will be able to provide only “partial” reimbursements for ACP in May (see 2403040077). Sen. Marsha Blackburn, R-Tenn., and Rep. Tim Walberg, R-Mich., highlighted their ongoing interest in enacting legislation to lift or ease permitting processes in a bid to streamline broadband deployments.

The House is expected to vote as soon as Wednesday on the 2024 Consolidated Appropriations Act, a “minibus” funding bill that includes reductions for NTIA and other Commerce Department agencies but a slight increase for the DOJ Antitrust Division. President Joe Biden signed a continuing resolution (HR-7463) March 1 that extended federal appropriations for those agencies through Friday, March 8 (see 2403010072). The chamber is also set to vote this week on the 988 Lifeline Cybersecurity Responsibility Act (HR-498) and NTIA Reauthorization Act (HR-4510) under suspension of the rules (see 2403010073).

An all-but-certain bid by Senate Communications Subcommittee ranking member John Thune (S.D.) to take over as the chamber’s top Republican from current Minority Leader Mitch McConnell (Ky.) is throwing uncertainty into lobbyists’ expectations for who will hold the party's subpanel leadership role in the next Congress. In the House, some Republican contenders to replace term-limited Communications Subcommittee Chairman Bob Latta (Ohio) have emerged, but the race to be the party’s Commerce Committee leader and other factors continue to cloud the subpanel sweepstakes (see 2402290054).