Jimm Phillips

House Commerce Committee Republicans launched a probe Tuesday of NTIA’s communications with state-level broadband offices related to the $42.5 billion broadband equity, access and deployment (BEAD) program. Long-standing Republican criticisms of BEAD, meanwhile, became a major issue during a House Communications Subcommittee hearing that morning on the FCC’s FY 2025 budget request (see 2407090049). Lawmakers sparred over the propriety of GOP Commissioner Brendan Carr publicly slamming the program.

FCC Chairwoman Jessica Rosenworcel showed no willingness Tuesday to abandon a March Further NPRM that would ban bulk billing arrangements between ISPs and multi-dwelling unit owners (see 2403050069) despite bipartisan criticism during a House Communications Subcommittee hearing. She was similarly unmoved by GOP skepticism about a proposal requiring disclosure of AI-generated content in political ads (see 2405220061). During the hearing, Republican Commissioner Brendan Carr called for the FCC to backtrack on both proposals because of the U.S. Supreme Court’s June Loper Bright Enterprises v. Raimondo decision and other rulings (see 2407080039).

The U.S. Supreme Court’s June decision in Loper Bright Enterprises v. Raimondo that overruled the Chevron doctrine (see 2407010036) will likely heavily influence discussion during a House Communications Subcommittee hearing Tuesday on the commission’s FY 2025 funding request, congressional aides and lobbyists told us. Chevron gave the FCC and other federal agencies deference in interpreting federal laws. Republican FCC Commissioner Brendan Carr is urging the commission ahead of the House hearing to drop a planned July 18 vote on a draft order and Further NPRM letting schools and libraries use E-rate support for off-premises Wi-Fi hot spots in response to the ruling. The hearing will begin at 10 a.m. in 2123 Rayburn.

House lawmakers dealt a pair of potentially temporary setbacks Thursday to CPB and commercial broadcasting legislative interests. The House Appropriations Labor, Health and Human Services, Education and Related Agencies (LHHS) Subcommittee advanced its FY25 bill without advance FY 2027 funding for CPB, as expected (see 2406250056). Meanwhile, the House Commerce Committee abruptly canceled a planned Thursday markup of the AM Radio for Every Vehicle Act (HR-8449). The American Privacy Rights Act (HR-8818) and Kids Online Safety Act (HR-7891) were expected to draw contentious debate during the markup (see 2406260062).

House Democrats rang alarm bells Wednesday over the Appropriations Commerce, Justice, Science and Related Agencies (CJS) Subcommittee’s proposal reducing FY 2025 allocations for NTIA and other Commerce Department agencies. The subpanel advanced its FY25 bill on a voice vote Wednesday after Republicans defended the proposed cuts, including a significant slashing of annual funding for the DOJ Antitrust Division. Commerce Secretary Gina Raimondo fielded repeated questions during a House Innovation Subcommittee hearing Wednesday about Republicans’ claims that NTIA’s requirement that broadband equity, access and deployment (BEAD) program participants offer a low-cost connectivity option constitutes rate regulation.

Public broadcasting advocates are bracing for House Republicans to again attempt ending advance funding for CPB as part of the FY 2025 appropriations process, but they’re hopeful the effort will fall short as it has in the past. The first salvo will likely happen Thursday, when the House Appropriations Labor, Health and Human Services, Education and Related Agencies (LHHS) Subcommittee is set to mark up its FY25 bill. The subpanel unsuccessfully tried halting CPB's advance federal funding as part of the FY 2024 appropriations cycle (see 2307140069). Observers are monitoring whether Republicans will use recent claims of pro-Democratic Party bias at NPR (see 2405080064) as ammunition to move further on defunding that network or CPB.

Supporters of the FCC's expired affordable connectivity program acknowledge the Senate Commerce Committee’s impasse (see 2406180067) on the Spectrum and National Security Act (S-4207) may spur a reexamination of alternatives for addressing broadband pricing. This realization comes amid weakening odds that Congress can address ACP funding via a broader package aimed at restoring the FCC's lapsed airwaves sales authority. Lawmakers continue insisting a legislative solution is possible this year even though Senate Commerce’s cancellation of its planned Tuesday markup of S-4207 (see 2406170066) was its fourth pulling of the measure since early May. Other stakeholders are urging a shift to emphasizing nonlegislative solutions.

Public recriminations escalated Monday night and Tuesday after the Senate Commerce Committee yanked a planned committee vote on the Spectrum and National Security Act (S-4207) for the fourth time (see 2406170066). The panel described Tuesday's markup as “canceled” but characterized previous situations as postponed. Senate Commerce planned a vote on a revised version of the measure (see 2406140062) Tuesday that the Commerce Department, DOD and the Joint Chiefs of Staff endorsed last week. Observers cited the finger-pointing to justify their doubts that there's a path forward for the measure or another major spectrum package during this Congress.

Revisions to the Spectrum and National Security Act (S-4207) last week (see 2406140062) have at least solidified Democrats' support for the measure ahead of a planned Tuesday Senate Commerce Committee vote, lobbyists told us. The more doubtful wild card is whether any Republican panel members publicly back the measure Tuesday despite Chair Maria Cantwell, D-Wash., making revisions that reflect their desire to protect military interests, lobbyists said. Several believed there was still a strong chance Senate Commerce would again postpone a vote on S-4207 after already yanking it from the agenda three times (see 2406110079). The panel’s meeting is set to begin at 10 a.m. in 253 Russell.

The Senate Commerce Committee is again postponing a planned markup of the Spectrum and National Security Act (S-4207), a spokesperson confirmed Monday night. The Tuesday meeting would have been Senate Commerce’s fourth attempt to vote on S-4207, which in a revised form unveiled last week would renew the FCC’s lapsed spectrum auction authority for five years but mandated no sales of specific bands. S-4207’s prospects of getting bipartisan support had appeared doubtful Monday, but the bill’s backers were continuing that afternoon to court a handful of Republican holdouts to back it.