House Communications Subcommittee Vice Chair Doris Matsui, D-Calif., confirmed she's "looking forward to the opportunity to serve" as subpanel ranking member in the next Congress, as expected (see 2211170089). She would succeed current lead Democrat Chairman Mike Doyle of Pennsylvania, who's retiring at the end of this Congress (see 2111120002). "I’m proud of what Democrats have been able to accomplish" on House Communications over the last four years "and I look forward to building on that progress," Matsui said in a statement to us. "I've fought for policies that create a more inclusive digital economy while encouraging innovation and job growth. That means increasing access to reliable, affordable, high-speed broadband for all families and introducing" the Net Neutrality and Broadband Justice Act (HR-8573/S-4676) to "guarantee a free and open internet through strong net neutrality protections." She has "worked to secure American telecommunications networks" as a co-sponsor of the Secure and Trusted Communications Networks Act "to rip and replace vulnerable Chinese equipment and promoting the deployment of open and interoperable communications technology." Matsui also cited her role as lead House Democratic sponsor of the original Creating Helpful Incentives to Produce Semiconductors for America Act as "lifeline and a down payment on future innovation."
House Commerce Committee ranking member Cathy McMorris Rodgers, R-Wash., and Communications Subcommittee ranking member Bob Latta, R-Ohio, delivered a muted response Saturday to the FCC’s release of draft updated broadband availability maps (see 2211180062). “While overdue, the draft” maps “are critical,” the lawmakers said. “An unprecedented amount of federal funding has been allocated for broadband deployment” via the infrastructure Investment and Jobs Act and other legislation “and having accurate maps for all states and federal agencies to use when making their funding decisions is essential to closing the digital divide. Now it is up to states, broadband providers, and other stakeholders to work diligently to review and build on these maps to improve their accuracy and make sure resources are not being wasted.” Senate Commerce Committee ranking member Roger Wicker, R-Miss., and Public Works Committee ranking member Shelley Moore Capito, R-W.Va., voiced skepticism Friday about the maps’ accuracy. Sen. Amy Klobuchar, D-Minn., had a more positive response, saying in a statement the maps “will provide us with accurate information to help close the digital divide and bring high-speed broadband to every community in our country, regardless of their zip code.”
The Senate passed the House-approved Safe Connections Act (HR-7132) Thursday by unanimous consent, sending the measure on for President Joe Biden’s signature. The measure, which the House cleared in July (see 2207280052), would let domestic abuse survivors separate a mobile phone line from any shared plan involving their abusers without penalties or other requirements and require the FCC to establish rules that ensure calls and texts to domestic abuse hotlines don’t appear on call logs. The Senate previously passed HR-7132 companion S-120 in March (see 2203180070). “Giving domestic violence abusers control over their victims’ cell phones is a terrifying reality for many survivors,” Sen. Brian Schatz, D-Hawaii, said. “Right now there is no easy way out for these victims -- they’re trapped in by contracts and hefty fees.” HR-7132, “which is now set to become law, will help survivors get out of these shared plans and help victims stay connected with their families and support networks,” Schatz said. Competitive Carriers Association President Steven Berry also hailed the measure, which “will help survivors of domestic violence remain connected.”
The AFL-CIO, Communications Workers of America and six other unions urged Senate Democratic leaders to take “swift action” to confirm FCC nominee Gigi Sohn. The nominee’s backers hope there will be a path forward to approve her during the lame-duck session (see 2209130065), especially now that Democrats will maintain control of the Senate in the next Congress. Sohn’s confirmation process has been stalled more than eight months since the Senate Commerce Committee tied 14-14 on advancing her to the floor (see 2203030070). The FCC “needs a fully seated commission in order to make critical decisions during a period of increased federal investment in broadband networks and digital equity initiatives,” the unions told Senate Majority Leader Chuck Schumer, D-N.Y., and Commerce Chair Maria Cantwell, D-Wash., in a letter released Tuesday. “Sohn’s voice, experience, and expertise are just what the FCC needs. Once confirmed, she will continue to be a staunch champion for workers and consumers. Sohn fully understands our complex telecommunications and media landscape, the importance of diversity and inclusion for all people, and will work diligently to ensure all viewpoints are represented in FCC decisions.” The other signers were the American Federation of Teachers, American Federation for State, County and Municipal Employees, the International Brotherhood of Electrical Workers, National Treasury Employees Union, Service Employees International Union and Writers Guild of America West.
The House planned to vote as soon as Monday night on the Ensuring Phone and Internet Access Through Lifeline and Affordable Connectivity Program Act (HR-4275) under suspension of the rules, said the office of Majority Leader Steny Hoyer, D-Md., Friday. HR-4275, previously known as the Ensuring Phone and Internet Access for Supplemental Nutrition Assistance Program Recipients Act, would require the FCC to do a report on the number of SNAP participants enrolled in the Lifeline and affordable connectivity programs. The House Commerce Committee unanimously advanced the measure in July (see 2207130066).
House Commerce Committee ranking member Cathy McMorris Rodgers, R-Wash., criticized FCC Chairwoman Jessica Rosenworcel Friday for not providing “details or clarity on the structure or role” of the proposed new Space Bureau to handle all space-related issues (see 2211030032). House Commerce “is responsible for directing FCC action, and the agency needs to be open and transparent with the committee members about its efforts to regulate satellite communications,” Rodgers said: “Modernizing the FCC's satellite licensing rules and authorities will continue to be a top priority for” panel Republicans “to help usher in a new era of American innovation and investment in this growing sector.” She and House Commerce Chairman Frank Pallone, D-N.J., released the draft Satellite and Telecommunications Streamlining Act in February, which would require the FCC to mandate limits on the amount of debris a licensed satellite plans to release, and issue rules on orbital parameters. The bill would set a one-year timeline for acting on a non-geostationary orbit system application and a 180-day deadline for a license renewal or modification application. It would require spectrum sharing and would sunset existing processing round interference protections by Dec. 31, 2026 (see 2202180044). The FCC didn't comment.
The Competitive Carriers Association, CTIA and four other groups urged leaders of the Senate Finance and House Ways and Means committees to pass the Broadband Grant Tax Treatment Act (S-5021), which would amend the Internal Revenue Code to say broadband grants enacted via either statute don’t count as “gross income” (see 2209290067). “The 117th Congress made historic investments in broadband infrastructure by allocating billions to programs” via the American Rescue Plan Act and Infrastructure Investment and Jobs Act, but “if Congress fails to act, grant recipients will be required to return as much as 21 percent of the broadband grants to the federal government in the form of taxes,” the groups wrote Senate Finance Chairman Ron Wyden, D-Ore., House Ways and Means Chairman Richard Neal, D-Mass., and their Republican ranking members, in a letter released Friday. That would leave “millions of Americans without access to the broadband they were promised. In addition to extending the expiring 100 percent expensing benefit, which would have a broader overall impact, Congress should exempt broadband grants from taxation as consistent with the ubiquitous deployment goals reflected in” ARPA and IIJA. The IRS previously “had the flexibility to act unilaterally to exempt some broadband grants from taxation,” including the Broadband Technology Opportunities Program, the groups said: The 2017 Tax Cuts and Jobs Act “changed the statute, declaring that all federal grants, including broadband grants, are taxable as income. With this change in statute, it is now incumbent upon Congress to act to free the ARPA and IIJA broadband grants from taxation and ensure all of the broadband grants awarded will be used to reach Americans with connectivity needs.” The other signers were NTCA, TIA, USTelecom and the Wireless Infrastructure Association.
The National Religious Broadcasters oppose the Identifying Propaganda on Our Airwaves Act (HR-9180/S-4713), which would undo the U.S. Court of Appeals for the D.C. Circuit’s July NAB v. FCC ruling that vacated the commission’s requirement that broadcasters check federal databases to determine if entities leasing time on their stations are agents of foreign governments (see 2210170065). The measure “would add another hurdle to broadcasters’ already considerable regulatory compliance workload: conducting background checks on potentially dozens or hundreds of programmers to verify they are not foreign propaganda operations,” NRB said Thursday. “This law would have an especially burdensome impact on Christian broadcasters” because the “number of brokered programming clients” they deal with “is often abundant compared to that of an ordinary broadcaster.” HR-9180/S-4713 “has not yet attracted any additional cosponsors, and the bill’s late introduction makes it unlikely to pass before the end of the legislative session,” NRB said. The group remains concerned about the measure since the FCC unanimously approved an NPRM in October on updating the foreign ID rule to account for NAB v. FCC (see 2210060068).
The entry of Google, Apple and Amazon into the automotive industry “raises competition concerns,” and the FTC and DOJ should take “swift action,” Sen. Elizabeth Warren, D-Mass., wrote FTC Chair Lina Khan and DOJ Antitrust Division Chief Jonathan Kanter Tuesday. Warren highlighted Apple’s new car infotainment system CarPlay, Google’s agreement with automotive partners to install its Android Automotive Operating System and Amazon’s autonomous driving systems and vehicle software. “To achieve this dominance, Google, Apple, and Amazon are leveraging their market power in the mobile operating system, digital app markets, and data infrastructure spheres to become the dominant players in the automotive sphere,” she wrote. “This expansion has potentially alarming implications for developers, workers, and consumers.”
House Commerce Committee Chairman Frank Pallone, D-N.J., pressed AT&T, Comcast, Verizon and 10 other major ISPs on reports “that some providers may not be adhering to the requirements” of the FCC’s Affordable Connectivity Program (ACP) and emergency broadband benefit (EBB) enacted during the COVID-19 pandemic. The other ISPs drawing Pallone’s scrutiny are: Altice, Charter, Cox, Dish Network, Excess Wireless, Frontier, Lumen, Maxsip, Q Link and T-Mobile. “These reports detail problems customers have faced, including either having their benefits initiated, transferred to a new provider, or changed to a different plan without their knowledge or consent,” Pallone said in letters to the 13 ISPs’ top executives. “Other customers have reported a delay in the application of the benefit or a requirement to opt-in to future full-price service, which has resulted in surprise bills that have been sent to collection agencies. There have also been reports of aggressive upselling of more expensive offerings, requirements that customers accept slower speed service tiers, and other harmful and predatory practices.” Congress “explicitly outlined requirements designed to prevent waste, fraud, and abuse, maximize the enrollment of eligible households, and ensure that consumers are protected in the process,” he said: “Importantly, Congress incorporated lessons learned in the emergency implementation of EBB to fully inform the creation of ACP, including by enhancing safeguards to preserve program integrity and ensuring that ACP would truly benefit consumers and not leave them vulnerable to predatory schemes or misleading practices.” Pallone wants information from the ISPs by Nov. 9 about their practices, including the number of beneficiaries they have signed up, the number of complaints they have received regarding the programs’ administration and their processes for resolving complaints. "We look forward to responding to the Chairman’s questions, and we remain committed to helping make broadband more affordable for millions of American households,” an AT&T spokesperson said. "Charter’s significant participation in the EBB and ACP programs has helped millions of families gain access to reliable and affordable, high-speed in-home internet; and builds on our broader, ongoing commitment to increasing connectivity by promoting broadband availability, adoption and affordability for all," a spokesperson said. Excess is "working diligently with government officials and other stakeholders to root out improper activities," a spokesperson said. The other ISPs didn’t comment.