Sens. Elizabeth Warren, D-Mass., and Bernie Sanders, I-Vt., and Rep. Joaquin Castro, D-Texas, are urging the FCC and DOJ Antitrust Division to “closely scrutinize” the Venu Sports streaming platform joint venture from Disney subsidiary ESPN, Fox and Warner Bros. Discovery (see 2402070006). “This massive new sports streaming company would be poised to control more than 80% of nationally broadcast sports and more than half of all national sports content, putting it in a position to exercise monopoly power over televised sports,” the lawmakers said in an eight-page letter to DOJ Antitrust Chief Jonathan Kanter and FCC Chairwoman Jessica Rosenworcel released Wednesday. “The market power of [Venu's] three giant parent companies would enable it to discriminate against competitors and increase prices for consumers.” The streaming deal’s description as a joint venture “should not prevent antitrust and telecommunications regulators from giving it the scrutiny it deserves,” the lawmakers said: The FCC and DOJ Antitrust should “oppose it if it violates antitrust or telecommunications laws or regulations.” They suggested the FCC examine whether the Venu Sports proposal represents “a violation of the national ownership cap” given its “duty to prevent a single entity from reaching more than 39% of households, and its broader mandate to promote competition in the public interest.”

A bipartisan bill introduced Wednesday would direct the Homeland Security Department to conduct annual assessments of how foreign terrorists are using apps like TikTok and Telegram. House Counterterrorism Subcommittee Chairman August Pfluger, R-Texas, and Rep. Jimmy Panetta, D-Calif., introduced the bill, which would cover terrorist activity on cloud-based mobile and desktop applications. Pfluger said in a statement: “Foreign-controlled apps like TikTok and encrypted messaging platforms like Telegram have shined a disturbing light on the lengths America’s enemies will go to attack our way of life and radicalize young minds.” Panetta said it’s “essential” to better understand how these apps are used so future attacks can be stopped.

The Senate Appropriations Committee's report on its Financial Services Subcommittee FY 2025 funding bill “urges” that the FCC move forward on revamping the Universal Service Fund. The Senate Appropriations Financial Services bill, which the panel approved Thursday, would increase annual funding for the FCC and FTC for FY25 (see 2408010059). Senate Appropriations said in the report, released Thursday night, that it wants the FCC to “seek public comment this fiscal year on any reform proposals that have been submitted to the commission or otherwise previously considered that would promote the sustainability and viability of [USF] and resolve inequities in the current contribution structure.” The FCC should “act as soon as possible following review of that record to adopt reforms to achieve” revamp objectives, Senate Appropriations said: The commission “should also provide specific recommendations to Congress regarding additional authority it believes it may need to enact any reforms that are found to be prudent, advisable, or necessary.” Members of a congressional working group are grappling with whether the 5th U.S. Circuit Court of Appeals’ July ruling that the FCC's USF contribution factor is unconstitutional will affect their work on a revamp framework (see 2407300053).

A bipartisan group of senators on Wednesday formally filed legislation that would establish liability for sharing AI-driven content without the original creator’s consent. Sens. Chris Coons, D-Del.; Marsha Blackburn, R-Tenn.; Amy Klobuchar, D-Minn.; and Thom Tillis, R-N.C., introduced the Nurture Originals, Foster Art and Keep Entertainment Safe (No Fakes) Act (see 2310120036). The measure would hold individuals, companies and platforms liable for creating and hosting such content. “Generative AI can be used as a tool to foster creativity, but that can’t come at the expense of the unauthorized exploitation of anyone’s voice or likeness,” Coons said in a statement. The Computer & Communications Industry Association said the bill is “well-intentioned,” but as written it would “undermine Section 230, place limits on freedom of expression, and shrink fair use.” In addition, it lacks provisions protecting fair use and free expression, said Brian McMillan, vice president-federal affairs: “We understand the risks of false information that appears real, as our members deploy many algorithmic tools to identify and respond to deepfakes. This legislation emphasizes liability over support for these efforts.”

Sen. Amy Klobuchar, D-Minn., on Wednesday evening failed to secure unanimous consent for two of her election-related AI bills. The lawmaker requested UC for the Protecting Elections from Deceptive AI Act (S-2770), which she introduced with Sen. Josh Hawley, R-Mo., and the AI Transparency in Elections Act (S-3875), co-written with Sen. Lisa Murkowski, R-Alaska. The Klobuchar-chaired Senate Rules Committee advanced both bills in May (see 2405150048). Senate Majority Leader Chuck Schumer, D-N.Y., on Wednesday urged the upper chamber to pass the bills without delay to protect the integrity of U.S. elections against AI-driven misinformation. Senate Rules Committee ranking member Deb Fischer, R-Neb., objected to both bills on free speech grounds. S-2770 is “overly broad,” and its “vague terms” greatly expand the regulation of protected speech, she said. In addition, S-3875 fails to strike the proper balance of protecting online users against misinformation while also protecting free speech rights, she said.

Reps. Nikki Budzinski, D-Ill., and Mike Carey, R-Ohio, led filing of a House companion to the Secure and Affordable Broadband Extension Act (S-4317) Tuesday in a bid to give the FCC’s lapsed affordable connectivity program $6 billion in stopgap funding for FY 2024. Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., filed S-4317 in May after he unsuccessfully attempted to attach identical language to the FAA reauthorization package (see 2405090068). The measure would couple the stopgap ACP funding with changes to the program’s scope and eligibility rules. Affordable Broadband Campaign spokesperson Gigi Sohn praised Budzinski and Carey for filing S-4317’s House companion. In a statement, Sohn said, “There is no excuse not to move this legislation forward.” Also praising the lawmakers were the ACLU, Common Sense Media, Incompas, National Digital Inclusion Alliance, National Lifeline Association, New America’s Open Technology Institute and Public Knowledge.

Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., ranking member John Thune, R-S.D., and Senate Republican Conference Chairman John Barrasso of Wyoming filed the Accelerating Broadband Permits Act to speed federal evaluation of connectivity projects, ensuring they meet the 270-day process deadline instituted in the 2018 Mobile Now Act. “To ensure rural communities across South Dakota have access to reliable broadband, it is critical that federal agencies are processing broadband permits in a timely fashion and that they are being held accountable for any delays,” Thune, who led the Mobile Now Act, said in a statement. Lujan, in a statement, said, “More must be done to address the barriers that have long kept rural communities on the wrong side of the digital divide.”

The Senate Appropriations Committee voted 26-3 Thursday to advance its Commerce, Justice, Science and Related Agencies Subcommittee FY 2025 funding bill (S-4795) with allocation increases for NTIA, other Commerce Department agencies and the DOJ Antitrust Division. The measure, released Thursday night, would give NTIA more than $61.5 million for FY25. That’s a 4% increase from what NTIA received for FY 2024 but 8% less than President Joe Biden's request in March (see 2403110056). The Patent Office would get more than $4.65 billion, level with what Biden requested and an 11% increase from FY24 (see 2403040083). The National Institute of Standards and Technology would receive $1.53 billion, a 5% increase from FY24 and 2% more than Biden sought. The Bureau of Industry and Security would get $206 million, 8% more than in FY24 and 7% greater than the Biden request. DOJ Antitrust would get $288 million, level with Biden's proposal but 23% more than it received in FY24. The House Appropriations Committee-cleared CJS FY25 bill (HR-9026) proposed decreased funding for DOJ Antitrust and all Commerce agencies except PTO (see 2407090057).

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).

House Commerce Committee GOP leaders pressed NTIA Thursday on its handling of the contract with Verisign to operate the .com and .net domain name registries amid concerns that the company has made “excessive” increases in the price of .com domain names that “stifle the ability of potential … registrants to conduct business online.” NTIA contracted Verisign to operate the registries in 2001 and that agreement will automatically renew Nov. 30 absent the company providing “written notice of non-renewal within 120 days of its expiration,” House Commerce Chair Cathy McMorris Rodgers (Wash.), Communications Subcommittee Chairman Bob Latta (Ohio) and Oversight Subcommittee Chairman Morgan Griffith (Va.) said in a letter to NTIA Administrator Alan Davidson. Since its 2006 renewal of the .com agreement, Verisign “has had a right of renewal, rather than ICANN holding a competitive bidding process for managing the .com registry at the expiration of each agreement.” DOJ “has previously recommended ICANN hold a competitive bidding process for renewals of registry agreements,” the GOP leaders told Davidson. “Members of Congress have also noted that Verisign’s exclusive control of .com allows it to operate as a monopoly over the .com registry.” Verisign “has since instituted a price increase of the maximum amount in every year it was allowed to do so,” the lawmakers said: “Some have argued that Verisign enjoys considerable profit margins from managing the registry, charging far more than it costs to operate it.” The lawmakers want information by Aug. 8 on NTIA’s negotiations with Verisign about renewal of the .com contract, whether the agency has studied the effect of .com price increases on the domain name marketplace and what sort of outreach it's done with other domain name stakeholders.