Jimm Phillips

Members of the congressional Universal Service Fund revamp working group are considering whether, and how much, the 5th U.S. Circuit Court of Appeals' ruling will affect their rollout of a framework for overhauling the program. The court ruled last week that the FCC's USF contribution factor is unconstitutional (see 2407240043). Experts believe lawmakers will likely factor the ruling into the framework, but it could be moot should the U.S. Supreme Court reverse the decision on appeal (see 2407260044). Uncertainty about USF’s future will likely extend the working group’s already lengthy process, lobbyists told us.

Kentucky Gov. Andy Beshear and North Carolina Gov. Roy Cooper possess the best telecom policy credentials among the main contenders to be the Democrats’ vice presidential nominee, broadband advocates and other policy observers told us. All the contenders hold broadly similar views to Vice President Kamala Harris on broadband and telecom policy matters, but could bring different perspectives to the ticket, experts said in interviews last week.

Senate Consumer Protection Subcommittee ranking member Marsha Blackburn, R-Tenn., filed a Senate version of a Congressional Review Act resolution of disapproval to undo the FCC’s April net neutrality order (Senate Joint Resolution 103) earlier this week. House Communications Subcommittee Chairman Bob Latta, R-Ohio, filed a House CRA resolution in May (see 2405230021). Senate Communications Subcommittee ranking member John Thune, R-S.D., previously filed an amendment (see 2406110054) to the stalled Spectrum and National Security Act (S-4207) aimed at nullifying the net neutrality rules. The House Appropriations Committee advanced its version of the FCC-FTC FY 2025 funding bill (HR-8773) in June with a rider barring the commission from using its allocation to pay for implementation of the net neutrality order (see 2406140054).

Sen. Elizabeth Warren of Massachusetts and five other Senate Democratic caucus members urged that the FCC and DOJ's Antitrust Division “closely scrutinize” T-Mobile’s proposed acquisition of UScellular’s wireless operations Monday night (see 2405280047). Wireless industry lawyers previously forecast the deal could face a tough road under the Biden administration. Its future could change depending on the outcome of November's presidential election (see 2405300053).

Senate Commerce Committee ranking member Ted Cruz, R-Texas, pressed NPR Tuesday for information about its funding sources amid the House GOP's push to end CPB’s advance funding for FY 2027. Thus far no lawmakers have tried stopping the House from moving forward on the Appropriations Committee-cleared Labor, Health and Human Services, Education and Related Agencies Subcommittee FY 2025 funding bill (HR-9029), which excludes advance money for the broadcasting network. House leaders meanwhile pulled the Appropriations-approved FY 2025 FCC-FTC funding bill (HR-8773) from planned floor consideration Monday, delaying potential floor votes on filed amendments that seek to undo a ban on the FCC implementing an equity action plan and increase the FTC’s annual funding (see 2407100060).

Congressional GOP leaders demanded Thursday that the FCC and other independent agencies adhere strictly to its narrowed leeway of interpreting federal laws following the U.S. Supreme Court’s June Loper Bright Enterprises v. Raimondo decision and other recent rulings that rein in federal agencies (see 2407080039). House Commerce Committee Chair Cathy McMorris Rodgers of Washington and Oversight Committee Chairman James Comer of Kentucky pressed the FCC, FTC and Commerce Department to understand the “limitations” Loper “set on your authority” given it overruled the Chevron doctrine. Meanwhile, FCC Commissioner Brendan Carr pooh-poohed critics of Loper who argue it hamstrings regulatory agencies. Communications-focused lawyers at an Incompas event eyed a range of legal challenges to recent FCC actions that could face improved prospects because of Loper.

Stop Project 2025 Task Force founder Rep. Jared Huffman of California and 15 additional House Democrats asked FCC Inspector General Fara Damelin and other federal watchdogs Wednesday to investigate “potential ethics violations” by Republican FCC Commissioner Brendan Carr related to his writing the telecom chapter of the Heritage Foundation’s Project 2025 manifesto. Carr, seen as the front-runner to lead the FCC if former President Donald Trump wins a second term (see 2407120002), urged in the Project 2025 chapter to roll back Communications Decency Act Section 230 protections for tech companies, deregulate broadband infrastructure and restrict Chinese companies. Trump has disavowed Project 2025 and its proposals.

Senate Commerce Committee Chair Maria Cantwell, D-Wash., told us Thursday she plans to hold a follow-up meeting with members of that panel and the Armed Services Committee later this month on her Spectrum and National Security Act (S-4207). She’s hoping to jump-start stalled spectrum legislative talks after S-4207’s momentum appeared to stall amid a series of scuttled May and June Senate Commerce markups (see 2406180067). The Senate Armed Services-Commerce meeting will happen “when we get back” the week of July 22, after a week-long congressional recess to accommodate the Republican National Convention in Milwaukee. “We had a call with some” Senate Armed Services and Commerce members before scheduling the canceled June 18 markup session, “but we didn’t get to communicate with everybody” before pulling the vote. She hoped to hold the follow-up meeting this week, "but everything that’s been transpiring” meant it’s been “pretty busy around here.” Senate Armed Services Committee ranking member Roger Wicker of Mississippi and other Republicans in June blamed Cantwell’s lack of communication about behind-the-scenes revisions of S-4207 to secure backing from Commerce Secretary Gina Raimondo and Biden administration-appointed military leaders as a major reason they couldn’t support the bill at that time (see 2406170066). Cantwell earlier this week cited a July 1 FCC report to Congress that found 40% of Secure and Trusted Communications Networks Reimbursement Program participants lacked enough funding to complete removal and replacement of suspect network gear (see 2407020042) as a reason for Congress to move on S-4207.

Republican FCC Commissioner Nathan Simington appears likely to win renomination regardless of which party takes the White House in November, lawmakers and lobbyists said in interviews. Some observers believe it's unlikely Democrats will use Simington's 2025 confirmation process to strike back against any FCC structural changes Republican Commissioner Brendan Carr may propose if former President Donald Trump wins and nominates him as chairman, as expected (see 2407120002). Carr’s reconfirmation last year (see 2310020043) means his term doesn’t expire until 2028, so he wouldn't face a new round of Senate scrutiny.

The House Appropriations Committee voted 31-25 Wednesday to advance its Labor, Health and Human Services, Education and Related Agencies Subcommittee FY 2025 funding bill without advance FY 2027 money for CPB after Democrats didn’t attempt to restore the allocation. The House Rules Committee, meanwhile, will consider filed amendments to Appropriations’ FY25 Financial Services Subcommittee bill (HR-8773) that aim to undo a ban on the FCC implementing an equity action plan and increase the FTC’s annual funding. The measure proposes boosting the FCC’s annual allocation to $416 million but includes riders barring the commission from implementing GOP-opposed net neutrality and digital discrimination orders (see 2406050067).