Congressional Republicans have remained relatively quiet about the FCC’s draft net neutrality order since Chairwoman Jessica Rosenworcel released it earlier this month (see 2404030043) but are likely to become more active in opposition when the commission adopts it as expected next week, lawmakers and observers said in interviews. Congressional Democrats have been comparatively active since the draft’s release, including sending Rosenworcel suggestions aimed at preventing loopholes that ISPs could use to circumvent regulation. Congressional Democrats highlighted that divergence in style Thursday by bringing Rosenworcel to Capitol Hill for a news conference that amounted to a preemptive victory lap ahead of the FCC’s April 25 vote on the order.
House Oversight Committee Chairman James Comer, R-Ky., is pressing the Commerce Department over NOAA’s proposal for creating the Chumash Heritage National Marine Sanctuary off the coast of central California amid concerns over “new regulatory impediments” to permitting undersea fiber cable installations in that area. He noted NTIA’s role in implementing $48.2 billion in connectivity money from the 2021 Infrastructure Investment and Jobs Act and contrasted that with NOAA’s evaluation of the Chumash NMS, which “envisions adding additional layers of dated bureaucratic red tape to the existing permitting process.” NOAA has acknowledged “‘several U.S. agencies have legal authority to regulate the laying and maintenance of cables off our nation’s shores,’ in addition to state regulatory requirements,” Comer said Friday in a letter to Commerce Secretary Gina Raimondo. “Despite NOAA’s admission,” the 2011 undersea cable permitting policy the agency “proposes to use for the permitting of undersea internet cables in the Chumash Heritage NMS … has been so onerous that the Committee could not identify a single example of a new undersea communications cable deployed in an NMS governed under the policy.” Some “of the designated NMS sites across the U.S. protect areas that undersea cables might seek to simply avoid,” but “the proposed designation of the Chumash Heritage NMS would fill the last gap off the California coast already utilized by numerous cables for trans-Pacific connectivity,” Comer said: “Substantial cost increases for internet infrastructure connecting the U.S. West Coast to Asia and U.S. Pacific territories, delays, and new maintenance restrictions created by imposition of the 2011 permitting guidance under the Chumash Heritage NMS designation, if left unaddressed, will seemingly occur if NOAA moves forward without mitigating onerous requirements that empower bureaucrats but offer little benefit to marine environments.” NOAA “has proposed substantial revisions to its Chumash Heritage NMS designation as a concession to facilitate undersea electrical cables for offshore wind energy projects” but has “invested little time or effort into analyzing the impact of the designation on existing and potential future use of areas for undersea fiber-optic cables,” he said. Comer pressed Commerce to brief House Oversight about how NOAA and NTIA evaluated the Chumash designation’s impact on undersea cables. NOAA “will review the letter and answer the congressman through official channels,” a spokesperson emailed us.
Rising opposition to diversity, equity and inclusion policies puts the latest iteration of the Communications, Equity and Diversity Council in a difficult position, said several CEDC members Wednesday during the group’s first meeting under its new charter. “We have always been challenged in our work, but I cannot remember a time that we have been so challenged,” said former FCC Commissioner Henry Rivera, who has served on every FCC diversity committee dating to the 1980s.
Senate Commerce Committee Chair Maria Cantwell, D-Wash., told us Thursday she hopes to soon file legislation on a five-year renewal of the FCC’s lapsed spectrum auction authority without language authorizing sales of specific bands, despite Republican criticism during a Thursday hearing about omitting an airwaves pipeline. Senate Commerce ranking member Ted Cruz, R-Texas, and Communications Subcommittee ranking member John Thune, R-S.D., emphasized their 2024 Spectrum Pipeline Act (S-3909) as an antidote to concerns about the Biden spectrum strategy, as expected (see 2403200001). The hearing also revealed clear divisions among panel Republicans about continuing to explore 5G use of the 3.1-3.45 GHz band, which has drawn opposition from DOD and top Capitol Hill allies (see 2403200061).
Stopgap funding for the FCC’s affordable connectivity program is not included in an FY 2024 appropriations “minibus” package Congress is aiming to approve this week, several lobbyists told us Tuesday. The omission also makes it doubtful congressional leaders attached an additional $3.08 billion for the Secure and Trusted Communications Networks Reimbursement Program, lobbyists said. Advocates of both programs were pushing for their funding in the minibus (see 2403150063) as recently as last weekend. The White House and Capitol Hill reached a deal on FY24 funding for the FCC and most other agencies over the weekend; they reached a final agreement on the bill Monday night.
NTIA Tuesday released its implementation plan for the national spectrum strategy. Under the plan, studies for the 3.1-3.45 GHz and 7/8 GHz bands, top priorities of wireless carriers, will begin this month and be completed in October 2026 (see 2403120006). FCC Commissioner Brendan Carr criticized the plan, saying in “the best case” the lower 3 and 7/8 GHz bands won’t be available until 2028. Others had a more positive take.
President Joe Biden is requesting increased funding in FY 2025 for the FCC, Patent Office and the Commerce Department’s Bureau of Industry and Security (see 2303130070). The FY25 requests are lower than FY24's for the FTC, NTIA, the National Institute of Standards and Technology, DOJ’s Antitrust Division and some Agriculture Department broadband programs, though in some cases the Biden proposal exceeds ultimate Congressional allocations for FY24. Biden signed off Saturday on the Consolidated Appropriations Act FY24 appropriations minibus package (HR-4366), which included funding cuts for NTIA and other Commerce agencies but a slight increase for DOJ Antitrust (see 2403040083). The Senate voted 75-22 Friday night to approve the package.
The House is expected to vote as soon as Wednesday on the 2024 Consolidated Appropriations Act, a “minibus” funding bill that includes reductions for NTIA and other Commerce Department agencies but a slight increase for the DOJ Antitrust Division. President Joe Biden signed a continuing resolution (HR-7463) March 1 that extended federal appropriations for those agencies through Friday, March 8 (see 2403010072). The chamber is also set to vote this week on the 988 Lifeline Cybersecurity Responsibility Act (HR-498) and NTIA Reauthorization Act (HR-4510) under suspension of the rules (see 2403010073).
The Commerce Department’s Bureau of Industry and Security (BIS) is seeking comment, due April 30, on a proposed NPRM on “Securing the Information and Communications Technology and Services Supply Chain,” said a notice for Friday’s Federal Register. The rulemaking is intended to assist BIS “in determining the technologies and market participants that may be most appropriate for regulation” under a 2019 executive order by former President Donald Trump, the notice said.
Some foreign space regulators might soon struggle with a lack of space expertise, according to Scott Pace, George Washington University director-Space Policy Institute. During an FCC Space Bureau open house Thursday covering orbital debris, Pace said a lot of space agencies are born from telecom ministries, yet often there is a "thinness" to their capacity for space issues. That makes the U.S.' leadership role in space increasingly important, Pace said.