SpaceX didn't comment Tuesday on FCC Chairwoman Jessica Rosenworcel's recent explanation that the Wireless Bureau rejected Starlink's application for Rural Digital Opportunity Fund (RDOF) money in 2022 (see 2208100050) because it didn't meet “program requirements,” including “difficulty meeting the basic uplink and downlink speed standards for the program.” Republicans escalated criticism of the FCC after the commission upheld the Wireline Bureau's decision in December (see 2312130027). All RDOF applicants “were subject to the same rules -- the smallest carriers and largest carriers alike,” Rosenworcel told House Communications Subcommittee member Rep. Gus Bilirakis of Florida and 11 other Republicans in letters released Friday night. The GOP lawmakers pressed the issue in January. The Wireline Bureau's finding about Starlink's speed issues “has since been confirmed by the company’s most recent publicly available performance data,” Rosenworcel said: The bureau found Starlink “showed download speeds from 53-65 Mbps and upload speeds from 7-10 Mbps. As a result, the Commission concluded that Starlink would not be reasonably capable of meeting its performance obligations across the significantly larger customer base and service area it had committed to serving as a result of its winning RDOF bids, which would put even greater pressure on its network.” Starlink’s “proposal would have required every subscriber to purchase a $600 dish to simply start to receive the service,” she said. “No other services supported by the program included such high start-up costs on rural consumers.” The FCC's “review indicated that in more than 6,501 census blocks where Starlink sought support from the RDOF program were not unserved rural households, but actually parking lots, traffic medians, and locations that already have service like the Chicago Loop and Newark International Airport,” Rosenworcel said: “When we requested that Starlink no longer seek funding for these locations, the company refused.”

House Speaker Mike Johnson, R-La., and other congressional leaders were optimistic Tuesday they can avoid a partial government shutdown that would otherwise shutter the Agriculture Department’s Rural Utilities Service and other agencies when an existing continuing resolution expires Friday night. A second CR covering the FCC, FTC, NTIA, other Commerce Department agencies and the DOJ Antitrust Division lasts through March 8 (see 2401180057). Johnson told reporters after a meeting with President Joe Biden and Capitol Hill leaders he’s “very optimistic” that Congress can keep government running. “We believe that we can get to agreement on these issues and prevent a government shutdown, and that’s our first responsibility,” he said. Senate Majority Leader Chuck Schumer, D-N.Y., agreed. “We can’t shut the government down,” Schumer said, but to do that now “means we need CRs” rather than a “minibus” appropriations package Johnson recently floated.

Former FEMA Administrator Pete Gaynor is citing the extensive Thursday outages on AT&T’s wireless network (see 2402220058) as a reason for Congress to approve the AM Radio for Every Vehicle Act (HR-3413/S-1669). The measure would require a Transportation Department mandate for inclusion of AM radio technology in future vehicles. HR-3413/S-1669 continues to face obstacles in both chambers, though S-1669 lead GOP sponsor and Senate Commerce Committee ranking member Ted Cruz, R-Texas, and other supporters have eyed alternate routes to pass it this year (see 2401050065). “Last week’s cell outage and the revelation of Russia’s capacity to disrupt U.S. communications satellites should be a sobering wake-up call to Congress that it is time to pass” HR-3413/S-1669, Gaynor, the acting homeland security secretary during the final eight days of the Trump administration, wrote in an opinion piece for The Hill Saturday. “Here’s hoping Congress listens to the nation’s leading public safety experts and acts before the consequences of inaction become tragically significant.” AM radio “is often the only communication available to those in harm’s way,” especially in disasters when “there was no power and cell towers quickly became overwhelmed,” he said. “That is why it has always been the fail-safe communication system public safety leaders rely upon to keep the citizenry safe and informed -- and why FEMA has cautioned carmakers away from removing AM.” The auto industry “is opposing” HR-3413/S-1669, “arguing that new digital streaming services and cellphones can adequately keep the population informed,” Gaynor said: “However, millions of Americans have limited to no cell coverage on a good day and rely on AM radio stations for critical emergency information.”

Sens. Bob Casey and John Fetterman, both D-Pa., are urging the FCC to “act swiftly to conclude its review” of Fox station WTXF Philadelphia's license renewal application. The Media and Democracy Project has petitioned the FCC since July against renewing WTXF’s license based on disclosures from the Dominion Voting Systems v. Fox defamation lawsuit and the Jan. 6 attack on the U.S. Capitol (see 2307060065). Other federal and Pennsylvania Democratic lawmakers have spoken in favor of WTXF (see 2402220076). “It is critical” that the FCC administer the renewal review process “in a fair and neutral manner, as it has been for decades,” Casey and Fetterman said in a Friday letter to the FCC posted Monday. WTXF “has provided a platform that uplifts Philadelphia's diverse voices and supports local journalism, and we hope that its delivery of local news and local programming to the community is not disrupted.” The record in the renewal proceeding “is replete with comments from Philadelphia residents, organizations, and elected officials from a range of backgrounds attesting to the station's commitment to upholding the core values of local broadcasting and to serving Philadelphia’s residents,” the senators said: “We hope that you take these comments as a testament to the importance this station has in the community.”

George Kelemen, Industry Council for Emergency Response Technologies executive director, advised National Emergency Number Association members Monday to distinguish between the general push for Congress to appropriate $15 billion for next-generation 911 tech upgrades and existing legislative vehicles for allocating that funding when they meet this week with Capitol Hill offices. Backers of the House Commerce Committee-cleared Spectrum Auction Reauthorization Act (HR-3565), which would use some future auction proceeds to pay up to $14.8 billion for NG-911, haven't advanced the measure amid stalled negotiations on a broader spectrum legislative package (see 2312280044). Some offices, particularly Senate Republicans, are likely to say HR-3565 “‘is dead,’ and as a legislative vehicle it may very well be dead,” Kelemen said during NENA’s conference in Pentagon City, Virginia. “It’s still technically … a live bill,” and the hope is that lawmakers will “take all of the important parts of” the bill dealing with NG-911 and put them in "a different vehicle sometime this year and let’s hope they get it all done.” The NG-911 language in HR-3565, which mirrors an aborted spectrum legislative deal leaders of the House and Senate Commerce committees agreed to in December 2022 (see 2212190069), is “what we’re looking for and that’s what we’d like to see in whatever vehicle eventually moves,” Kelemen said. NENA members will also lobby lawmakers’ offices on the 911 Supporting Accurate Views of Emergency Services Act (HR-6319) and similar Enhancing First Response Act (S-3556), both of which would reclassify public safety call-takers and dispatchers as a protective service.

Senate Commerce Committee ranking member Ted Cruz of Texas and two other panel Republicans pressed the Commerce Department Friday to withdraw the National Institute of Standards and Technology's August guidance to applicants for Chips and Science Act semiconductor manufacturing facility incentives that the lawmakers believe is racist and violates federal law. NIST's August guidance says it's "looking for applications with a supplier diversity plan that features a plan to track supplier diversity, sets targets, and conducts outreach in coordination with community partners." Cruz and the other Republicans, Sens. Cynthia Lummis of Wyoming and J.D. Vance of Ohio, told Commerce Secretary Gina Raimondo they view the guidance as making clear the department "will consider the race of an applicant’s suppliers when awarding CHIPS funding." That appears to violate the Fifth Amendment's due process clause, 1868 Civil Rights Act Section 1981 and 1964 Civil Rights Act Title VI, the Republicans said in a letter to Raimondo. NIST's "use of racial classifications, as set forth in the Guidance, does not serve a compelling governmental interest." Commerce "provides no evidence of disparities minority-owned suppliers face generally, let alone specific instances of discrimination that the Department is seeking to address," the senators said: "And it does not attempt to make any claim that this discrimination is necessary to avoid a prison race riot." Those are the two instances the Supreme Court had found justify race-based government actions. The guidance "intentionally treats certain applicants worse than others on the ground of the race of their suppliers," the senators said: "Title VI forbids such discrimination.” Section 1981, meanwhile, "makes it illegal for private companies to discriminate on the basis of race when making and enforcing contracts." Commerce "has not yet finalized a grant for any CHIPS funding to any applicants," the senators said: "Therefore, the Department still has time to reverse course before it breaks the law." They want Raimondo to respond by Feb. 29 that she's rescinded the guidance or detail "the reasons you believe the Guidance does not violate" the Fifth Amendment and civil rights laws. Commerce didn't immediately comment.

X joined Microsoft and Snap in supporting the Kids Online Safety Act, Sens. Richard Blumenthal, D-Conn., and Marsha Blackburn, R-Tenn., said Thursday (see 2401310081). The bill has 62 co-sponsors in the Senate, they said, urging final passage. Senate Majority Leader Chuck Schumer, D-N.Y., a sponsor, said, “I look forward to working on a bipartisan basis with Senators Blumenthal and Blackburn to advance this bill in the Senate.” The list of bill supporters includes the NAACP, Nintendo of America, the Christian Camp and Conference Association, The Foundation United, Parents for Safe Online Spaces and Street Grace. In a statement Thursday, NetChoice said the updated version of the bill “has not meaningfully changed" the legislation "at all -- especially its privacy and constitutional problems.” NetChoice urged senators to abandon the proposal.

Senate Commerce Committee Chair Maria Cantwell, D-Wash., and ranking member Ted Cruz, R-Texas, are co-sponsoring the latest version of a bill that would update the Children’s Online Privacy Protection Act, Sens. Ed Markey, D-Mass., and Bill Cassidy, R-La., announced Thursday. Cantwell and Cruz support the latest iteration of COPPA 2.0, which they said includes stakeholders' suggestions for technical corrections and small modifications. Cantwell recently explored options for seeking unanimous consent on COPPA 2.0 and the Kids Online Safety Act (see 2312040058). “Children and teens are uniquely vulnerable in the online world and can be unaware and overwhelmed by the ways social media platforms can use their personal information to target them,” Cantwell said in a statement. “This bill strengthens protections, closes loopholes and raises the age of kids covered under our privacy law to make sure more children and teens are protected.” Cruz said the bill would “empower parents to safeguard their children’s online privacy and hold tech companies responsible for keeping minors safe from data collection.”

USTelecom CEO Jonathan Spalter urged the Senate Wednesday to pass the House-approved Tax Relief for American Families and Workers Act (HR-7024). The act includes language that extends a tax statute allowing businesses to fully deduct the purchase price of eligible assets. Some other communications industry groups are urging Senate leaders to attach language from the Broadband Grant Tax Treatment Act (HR-889/S-341) to HR-7024 (see 2401260073). First filed in 2022 (see 2209290067), HR-889/S-341 would amend the Internal Revenue Code, allowing broadband grants enacted via either statute not to be counted as gross income. “This is a crucial time for the broadband sector as we work alongside NTIA and state broadband offices as they allocate $42 billion in [broadband equity, access and deployment] funding toward projects aimed at ensuring every American has access to modern broadband service,” Spalter said in a letter to Senate Majority Leader Chuck Schumer, D-N.Y.; Minority Leader Mitch McConnell, R-Ky.; Finance Committee Chairman Ron Wyden, D-Ore.; and ranking member Mike Crapo, R-Idaho. “While BEAD funding will help offset the high cost of many broadband projects that could not otherwise be built, providers will be required to invest substantial private capital to see these projects completed. Fully expensing capital equipment in the year it is purchased will free-up the essential additional resources needed to deploy fiber in rural and hard to reach areas.”

The House Communications Subcommittee plans a Thursday hearing on a set of five bills aimed at improving U.S. network security, including the Future Uses of Technology Upholding Reliable and Enhancing Networks Act (HR-1513), the House Commerce Committee said Friday. The other bills are the Foreign Adversary Communications Transparency Act (HR-820), Countering CCP Drones Act (HR-2864), draft Promote Secure Connectivity to Taiwan Act and draft Removing Our Unsecure Technologies to Ensure Reliability and Security (Routers) Act. First filed in 2022 (see 2210250067), HR-820 would require the FCC to publish a list of communications companies holding FCC licenses or other authorizations in which China and other foreign adversaries’ governments possess 10% or more ownership. HR-1513, which the House passed during the last Congress (see 2112020050), would direct the FCC to establish a 6G task force to provide recommendations on ensuring U.S. leadership in developing that technology’s standards. HR-2864 would add Chinese drone manufacturer Da-Jiang Innovations to the FCC’s covered entities list. The Promote Secure Connectivity to Taiwan Act would require NTIA assessment of “technologies available to increase the security and resiliency” of Taiwan’s communications networks. The Routers Act would have the Commerce Department “specify what transactions involving routers, modems, or devices that combine a modem and a router are prohibited” under then-President Donald Trump’s 2019 executive order, which bars transactions involving information and communications technologies that pose an “undue risk of sabotage to or subversion of” U.S.-based communications services (see 1905150066). “Our communications networks are an integral part of our lives, businesses, economy, and national security,” said House Commerce Chair Cathy McMorris Rodgers, R-Wash., and Communications Chairman Bob Latta, R-Ohio. “As we’ve grown increasingly connected and more reliant on technology, these networks have become a target for adversaries and bad actors. To remain competitive and secure, the U.S. must ensure our communications and technological infrastructure is protected against adversaries, in particular the Chinese Communist Party.” The hearing will begin at 10 a.m. in 2123 Rayburn.