Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., said Thursday night he has secured commitments from chamber leaders to move forward on allocating $6 billion in stopgap funding for the FCC’s affordable connectivity program and $3.08 billion for the Secure and Trusted Communications Networks Reimbursement Program amid last-minute talks to pass an FAA reauthorization package. The Senate was still voting Thursday night on passing an amended version of the FAA Reauthorization Act (HR-3935) that doesn’t include the ACP/rip-and-replace language Lujan and others sought, as expected.
Senate Communications Subcommittee Chairman Ben Ray Lujan (D-N.M.), Sen. J.D. Vance (R-Ohio) and four other senators joined forces Tuesday night to file an amendment to the FAA reauthorization bill that would allocate $6 billion to the FCC’s affordable connectivity program for FY 2024 and $3.08 billion to fully fund the Secure and Trusted Communications Networks Reimbursement Program. Senate leaders were still in talks Tuesday night on what amendments to the FAA package they would allow floor votes on in hopes of securing a time agreement to speed consideration of the measure.
The Senate Commerce Committee is postponing markups of an amended version of the draft Spectrum and National Security Act and other bills that were set for consideration during a Wednesday executive session, the panel announced Tuesday night. Senate Commerce still planned to vote Wednesday on a slate of nominations and will consider the postponed bills at an unspecified later date. A panel spokesperson said the postponement was due to time constraints, including ones related to floor consideration of the FAA Reauthorization Act.
The Senate Commerce Committee is eyeing a May 1 vote on the to-be-filed Spectrum and National Security Act from panel Chair Maria Cantwell, D-Wash., and Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., lobbyists told us. A general notice on the Senate Commerce markup session was online Wednesday night but the committee hadn’t formally announced its agenda. It wasn’t certain Wednesday night whether the Spectrum and National Security Act would actually be part of the meeting. The executive session will begin at 10 a.m. in 253 Russell. There are five other telecom and tech-focused bills on the docket: the Rural Broadband Protection Act (S-275), Network Equipment Transparency Act (S-690), Protecting Kids on Social Media Act (S-1291), Create AI Act (S-2714) and Future of AI Innovation Act (S-4178).
The Further Consolidated Appropriations Act FY 2024 minibus spending bill released early Thursday morning doesn't include stopgap funding for the FCC's affordable connectivity program or the Secure and Trusted Communications Networks Reimbursement Program, as expected. The measure allocates almost $390.2 million to the FCC for FY24 and $425.7 million to the FTC. It also includes $535 million for CPB in FY 2026, turning back House Appropriations Committee Republicans' attempt to end that entity's advance funding.
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.
NTIA has released the implementation plan for the national spectrum strategy. Under the plan, released today, studies for the lower 3 GHz and 7/8 GHz bands -- top priorities of wireless carriers -- are due to start this month and be completed in October 2026. They would be the last of the bands to see completed studies. A final report on 37.0-37.6 GHz will be due this November and should be the first to be completed.
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.
The FCC approved, 3-2, an order reinstating the collection of broadcaster workforce demographic data, with both Republican commissioners dissenting and issuing multipage statements. "We must get our arms around this issue,” said Commissioner Geoffrey Starks, who has long pushed for the policy. “As always with good government, we start with data. And data is most effective when it is available to everyone.” By requiring that the data is publicly posted in broadcaster online files, the order will create “a race and gender scorecard for each and every TV and radio broadcast station in the country,” and violate the Constitution, said Commissioner Brendan Carr in his dissent. The order isn't "a radical break outside of this agency’s authority," said Starks. “Reinstatement of the Form 395-B data collection in a publicly available manner is wholly consistent with the equal protection guarantee contained in the Fifth Amendment of the Constitution,” said the order. Collection of data in a publicly available format “remains the best approach” for accurately analyzing workforce trends in broadcasting, the order said. “We will summarily dismiss any petition filed by a third party based on Form 395-B employment data” and “will not use this data as a basis for conducting audits or inquiries,” the order said. Both Carr and Commissioner Nathan Simington said they wouldn’t have opposed an order that kept the data anonymized. If the data collection is purely to inform policy, why does the FCC need to publicly disclose it? Simington asked. “Because the public disclosure of attributable demographic employment data this Order implements predictably serves to increase pressure on broadcast licensees to engage in racially conscious hiring,” he said. Prior to the order's release, NAB President Curtis LeGeyt told us broadcasters “are committed to ensuring our newsrooms reflect the diversity of the communities we serve." Broadcasters "encourage the Commission to partner with us on this important work to truly move the ball forward, rather than to assume that reporting alone somehow meets the moment," LeGeyt said.
A California appeals court reversed a lower court’s decision to delay a state agency’s enforcement of California Privacy Rights Act (CPRA) regulations Friday.