Jimm Phillips

The House Commerce Committee voted 45-2 Wednesday to advance the AM Radio for Every Vehicle Act (HR-8449), as expected (see 2409170040). The panel's approval came after a lengthy debate over the proposed mandate that automakers include receiver technology in future electric automobiles. Several lawmakers voted in favor of HR-8449 but said more changes will be necessary before it reaches the floor. House Commerce later approved on voice votes amended versions of the Children and Teens’ Online Privacy Protection Act (HR-7890) and Kids Online Safety Act (HR-7891) after a sometimes emotional debate (see 2409180048). The panel at our deadline hadn't yet considered the Telehealth Modernization Act (HR-7623).

The House Commerce Committee is back on track to advance the AM Radio for Every Vehicle Act (HR-8449) as part of a markup session Wednesday, as expected (see 2409100070), but the measure’s Senate backers still face headwinds. The panel said Monday night it will mark up HR-8449, which would mandate that automakers include AM radio technology in future electric vehicles, along with 15 other bills. The meeting will begin at 10 a.m. in 2123 Rayburn.

Senate Commerce Committee Chair Maria Cantwell, D-Wash., is eyeing attaching her Spectrum and National Security Act (S-4207) to an end-of-year package instead of pursuing another markup attempt before Congress recesses at the end of September for pre-election campaigning. She previously eyed a potential September markup of S-4207 (see 2408150039) in hopes of resurrecting the measure after it repeatedly stalled earlier this year. 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.

A three-judge panel from the U.S. Court of Appeals for the D.C. Circuit was skeptical on Monday of TikTok’s argument that the Protecting Americans from Foreign Adversary Controlled Applications Act's planned ban of the platform in the U.S. is unconstitutional (see 2406210004). The statute requires China-affiliated ByteDance must sell TikTok by Jan. 19 to avoid the ban. The D.C. Circuit’s review also looped in a related challenge to that law from a group of TikTok creators. DOJ and ByteDance want the D.C. Circuit to rule by early December so they can have time for a likely challenge in the U.S. Supreme Court before the Jan. 19 divestiture deadline.

House Administration Committee ranking member Joseph Morelle, D-N.Y., offered “strong support” Monday for FCC Chairwoman Jessica Rosenworcel's embattled AI political ad disclosures NPRM (see 2407250046). Morelle and other House Democrats previously supported the proposal during an event last week but indicated they would like the FCC to go further on AI regulation if Congress can delegate that authority to the agency (see 2409110065). “I commend the [FCC] for taking this necessary step towards regulating the use of AI in political communications, as the absence of effective guardrails presents a clear and present danger to the information ecosystem in the upcoming election,” Morelle said in a letter to Rosenworcel that we obtained. He would also back the FCC engaging in “future rulemaking to regulate this technology in political communications.” The “current lack of regulation that specifically addresses political advertisements could easily be exploited by candidates for office and dark money groups attempting to confuse and manipulate voters,” Morelle said: Political “candidates have already attempted to manipulate voters by using AI” and its use “in campaign advertisements will only increase” as the Nov. 5 election approaches. “The American public deserves to know whether the political advertisements they see on television or hear on the radio have been manipulated by generative AI,” he said. “Campaign-related disclosures, like those in the Proposed Rule, are critical to ensuring that voters” are fully informed. “Deterring the untoward use of AI by bad actors for political gain during this and future election cycles requires a whole-of-government approach, and I hope that other agencies will soon follow.”

House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., confirmed to us that the panel will mark up the AM Radio for Every Vehicle Act (HR-8449) next week but was uncertain about whether a pair of controversial privacy bills -- the American Privacy Rights Act (HR-8818) and Kids Online Safety Act (HR-7891) -- will also be on the docket. House Commerce scuttled a planned June markup of HR-8449 (see 2406270059), which would mandate automakers include AM radio technology in future electric vehicles, because of some House GOP leaders’ opposition to HR-7891 and HR-8818. “We’re still working through” whether there will be consensus to move on HR-7891 and HR-8818 next week, Rodgers said in a brief interview. The Senate voted 91-3 in late July (see 2407300042) to pass its HR-7891 companion, S-1409, as part of a package that included the Children and Teens’ Online Privacy Protection Act (S-1418) Rodgers and other HR-7891 backers have been hoping to use the bipartisan Senate vote on KOSA to gain momentum for House action on the measure amid resistance from House Speaker Mike Johnson, R-La., and other chamber GOP leaders to that measure and HR-8818 that derailed the June markup session (see 2406270046), lobbyists told us. House Commerce and HR-7891 backers “continue to work on a bipartisan path forward in the House on behalf of the millions of parents who deserve the ability to keep their kids safe,” a panel spokesperson said. S-1409 cosponsor Sen. Marsha Blackburn, R-Tenn., touted new endorsements of the bill Thursday from 10 conservative leaders, including former Arkansas Gov. Mike Huckabee (R) and several former Trump administration officials.

House Administration Committee ranking member Joe Morelle of New York, Communications Subcommittee ranking member Doris Matsui of California and other Democrats voiced continued support Wednesday for FCC Chairwoman Jessica Rosenworcel’s embattled AI political ad disclosures NPRM (see 2407250046). However, they suggested the agency should take further steps if Congress can agree on relevant legislation. Congressional Republicans have repeatedly criticized FCC action on the matter so near the November elections, including during a July House Communications agency oversight hearing (see 2407090049).

Former President Donald Trump said Wednesday the FCC should revoke Disney-owned ABC’s licenses after what many observers considered his poor presidential debate performance Tuesday night against Vice President Kamala Harris, the Democrats’ nominee. Trump has repeatedly said broadcast networks and other entities should lose their ‘licenses’ over their coverage of him, including January comments that NBC and CNN are “crooked” and should “have their licenses or whatever they have taken away” (see 2401170050). Harris and Trump, the Republicans’ presidential nominee, briefly traded barbs during the evening about the U.S. tech leadership position with China.

House Communications Subcommittee members traded partisan barbs about NTIA’s implementation of the $42.5 billion broadband equity, access and deployment (BEAD) program, as expected (see 2409040040). Republicans delivered most of the criticism, in part blasting NTIA for what they view as an unnecessarily long timeline for rolling out the money. House Commerce Committee panel GOP leaders launched a probe in July of NTIA’s BEAD-related communications with state broadband offices (see 2407090057). Democrats defended NTIA’s management of the program and blasted GOP lawmakers for obstructing recent broadband funding efforts.

The House Commerce Committee will mark up the AM Radio for Every Vehicle Act (HR-8449) next week, lead sponsor Rep. Gus Bilirakis, R-Fla., told us Tuesday. “That's what I'm hearing,” he said. The panel scuttled a planned June markup of HR-8449 (see 2406270059), which would mandate automakers include AM radio technology in future electric vehicles, because of some House GOP leaders’ opposition to two other bills on the docket: the American Privacy Rights Act (HR-8818) and Kids Online Safety Act (HR-7891). It was unclear Tuesday afternoon whether House Commerce would try to include HR-7891 and HR-8818 in the next markup session.