Americans for Tax Reform President Grover Norquist and more than two-dozen others, including former aides to ex-FCC Chairman Ajit Pai, believe House Speaker Mike Johnson (La.) and other congressional GOP leaders should “swiftly hold NTIA accountable” for “weaponizing” the broadband equity, access and deployment program. NTIA appears to be violating language in the 2021 Infrastructure Investment and Jobs Act that bars rate regulation in the BEAD program by forcing "a $30 per month mandate on all states that participate,” Norquist and the others wrote in a letter to Republican leaders released Thursday. NTIA is instead instituting a “price fix by proxy” that rejects state BEAD applications "until the desired price point is included,” they added. The rate regulation opponents cited NTIA’s rejection last year of the Virginia Office of Broadband’s Volume 2 application “because ‘the low-cost option must be established in the Initial proposal as an exact price or formula.’” Virginia “has proposed multiple compromises between their desired market-driven approach to middle class affordability and NTIA’s preferred $30 per month mandate, but all have been rejected,” Norquist and the others told the GOP lawmakers, including House Commerce Committee Chair Cathy McMorris Rodgers (Wash.) and Senate Commerce Committee ranking member Ted Cruz (Texas). “NTIA may try to hide behind the fig leaf of state-level cut-outs, but their repeated rejections of reasonable alternatives betray their agenda,” the letter said. NTIA’s actions are “a direct violation of federal law” and run counter to Administrator Alan Davidson’s promise during a December House Communications Subcommittee hearing (see 2312050076) “that his agency would not require rate regulation” of BEAD participants. House Commerce Republicans renewed their rate regulation concerns to NTIA later that month (see 2312180063). NTIA didn’t immediately comment.
Senate Judiciary Committee ranking member Lindsey Graham, R-S.C., on Wednesday said he would request unanimous consent that evening for passage of several child-safety-related bills, as expected (see 2402060084). The committee has approved five different bills, including the Earn It Act, which Graham highlighted in his announcement Wednesday. UC fails if one senator objects. In February, Sen. Ron Wyden, D-Ore., blocked an attempt by Sen. Josh Hawley, R-Mo., to approve the Stop Children Suffering from Abuse and Mistreatment (Stop CSAM) Act by unanimous consent, one of the committee-passed bills (see 2402070056).
Senate Commerce Committee ranking member Ted Cruz, R-Texas, called Wednesday for Congress to substantially rein in the FCC's autonomy in setting USF spending and creating new programs amid a bicameral working group’s examination of a possible universal service revamp (see 2305110066). “Caught in a dilemma of wanting to further expand USF programs but having already maxed out the level of taxation American consumers can reasonably tolerate, the conversation at the FCC and in Congress has focused on expanding the pool of companies and products subject to” the USF contribution factor, which is effectively a “tax on the working class,” Cruz said in a paper. “This approach is anything but fair to American taxpayers: it would hide the problem of excessive USF taxation rather than fix it and ultimately make tax burdens worse by emboldening further unaccountable spending growth.” Instead, he said Congress should “take charge of defining universal service and deciding where USF funds may go.” Cruz proposes making most USF programs subject to congressional appropriations but believes “it may make sense to keep the High-Cost program within the current” funding framework “given ongoing multiyear commitments to providers.” Congress should eliminate “duplicative” USF spending, including combining the Lifeline program with the currently independent affordable connectivity program, given perceptions that the “federal government has too many broadband programs, and a poor record of coordinating them,” Cruz said. He also proposes curbing the FCC’s expansion of E-rate eligibility, citing concerns about permitting schools and libraries to use program support for off-premises Wi-Fi hot spots and wireless internet services (see 2311090028).
Senate Commerce Space Subcommittee Chair Kyrsten Sinema, I-Ariz., said Tuesday she won’t seek reelection this year. Sinema has been a frequent foil within the Democratic caucus on telecom issues, including legislative attempts to reinstate the FCC’s rescinded 2015 net neutrality order (see 1903120078). It was also believed she was a skeptic about confirming now-former FCC nominee Gigi Sohn last year (see 2303030074). Sinema cited growing partisanship and fractiousness on Capitol Hill as the reason for her exit. “I believe in my” bipartisan approach to lawmaking, “but it’s not what America wants right now,” she said in a video message.
President Joe Biden should recommend the FCC establish minimum cybersecurity standards for wireless carriers to protect Americans' cellphone data from surveillance by China, Russia and other countries, Sen. Ron Wyden, D-Ore., wrote the White House Thursday. Wyden detailed how foreign entities have allegedly exploited flaws in “obscure technologies” like diameter and signaling system 7, which wireless companies use for texting and roaming purposes around the world. The FCC should “require companies buying access to SS7 and Diameter by leasing Global Titles to comply with registration and know your customer requirements,” he said. Global titles are unique addresses carriers use to route signaling messages. Wyden also urged OMB to “establish minimum cybersecurity standards for wireless services purchased by federal agencies.” The White House didn’t comment.
The House is set to vote as soon as Tuesday night on the NTIA Reauthorization Act (HR-4510) and 988 Lifeline Cybersecurity Responsibility Act (HR-498) under suspension of the rules, the office of House Majority Leader Steve Scalise, R-La., said Friday. HR-498, which the House Commerce Committee advanced last year, would amend the 2020 National Suicide Hotline Designation Act to require improved coordination and reporting on potential cybersecurity vulnerabilities within the 988 Lifeline, with the goal of mitigating future cyberattacks and preventing disruption of services (see 2304050080). The House Commerce-cleared HR-4510 would elevate the NTIA administrator from assistant secretary to undersecretary of Commerce and proposes other steps to improve coordination of federal spectrum (see 2307270063).
It’s “utterly ridiculous” DOJ is attempting to circumvent Congress by reauthorizing its surveillance authorities through the Foreign Intelligence Surveillance Court, Sen. Ron Wyden, D-Ore., said Thursday. DOJ is reportedly seeking a yearlong extension of its surveillance powers under Foreign Intelligence Surveillance Act Section 702, which expires in April (see 2312140052). It’s “utterly ridiculous that the Biden Administration and the Justice Department would rather risk the long-term future of an important surveillance authority than support a single meaningful reform to protect Americans’ rights,” said Wyden. Rep. Zoe Lofgren, D-Calif., also denounced DOJ’s request: It’s “extraordinary that, despite broad support for substantial reform, the Department of Justice is discreetly attempting to bypass the legislative process to secure another surveillance reauthorization. This is unacceptable, and completely undermines the authority of the Congress.” Demand Progress Policy Director Sean Vitka called DOJ's request a "gross betrayal of the American people." DOJ didn’t comment.
The House voted 320-99 Thursday to approve a continuing resolution (HR-7463) that would extend federal appropriations for NTIA, other Commerce Department agencies, DOJ’s Antitrust Division and the Agriculture Department’s Rural Utilities Service through March 8, averting a partial government shutdown that would otherwise close RUS late Friday. House Speaker Mike Johnson, R-La., and other congressional leaders said they reached a deal on appropriations measures covering those agencies, so the short-term extension would allow time for Congress to address individual funding measures. HR-7463 also extends appropriations for the FCC and FTC through March 22. The CR’s enactment prospects remained in doubt Thursday afternoon amid misgivings from some Senate Republicans, but Senate Majority Leader Chuck Schumer, D-N.Y., hoped to hold a vote that evening.
Senate Communications Subcommittee ranking member John Thune of South Dakota remained tight-lipped Wednesday about whether he would seek the chamber's top Republican post following Minority Leader Mitch McConnell's announcement earlier in the day that he will step down in November. “We'll let you know soon what we’re thinking,” Thune told reporters. McConnell (Ky.) will leave “big shoes to fill” and “today we’ll reflect on his service and honor him for that,” Thune added. Observers have long tipped Thune, the minority whip, as a leading contender to succeed McConnell as the chamber's Republican leader. Other likely contenders include Senate Republican Conference Chairman John Barrasso (Wyo.) and former GOP Whip John Cornyn (Texas). Thune, a former Senate Commerce chairman, took the Communications gavel in 2019 (see 1901160046).
The FTC should investigate the data privacy practices of major automakers, Sen. Ed Markey, D-Mass., wrote the agency Tuesday. Markey said he is seeking details about privacy practices at Ford, BMW, GM, Honda, Hyundai, Toyota, Kia, Mazda, Mercedes-Benz, Nissan, Stellantis, Subaru, Tesla and Volkswagen. Markey said the companies are evasive about consumer consent, how data is used for commercial purposes and whether data was compromised in cybersecurity attacks. Automakers “are collecting large amounts of data on drivers, passengers, and even people outside the vehicle, with little to no oversight,” he said. The agency confirmed receiving the letter but declined comment.