Senate Commerce Committee ranking member Ted Cruz, R-Texas, is warning NTIA that Congress will “review the BEAD program early next year,” when Republicans will control both chambers, and plan to pay “specific attention to” program requirements that have drawn GOP ire. Congressional Republicans are likely to at least pursue a revamp of BEAD to rein in what they view as NTIA’s flawed implementation of the $42.5 billion initiative, while a clawback of program funds is less likely (see 2410210043). Drew Garner, Benton Institute for Broadband & Society director-policy engagement, pushed back Friday against criticisms Cruz separately leveled at NTIA's notice of funding opportunity (NOFO) for its $1.25 billion digital equity competitive grant program (see 2411210041).
Senate Commerce Committee ranking member Ted Cruz, R-Texas, quickly rejected speculation Thursday that he might be in contention to be President-elect Donald Trump’s attorney general nominee soon after ex-Rep. Matt Gaetz, R-Fla., withdrew as the nominee. “I am staying right where I am,” Cruz told reporters. “I am not going anywhere.” Cruz was Texas’ attorney general before his election to the Senate in 2012 and is likely to take over as Senate Commerce chairman in January when Republicans reclaim a majority in the chamber (see 2411060043). Gaetz, who as a House Judiciary Committee member was involved in the panel’s work on antitrust and Foreign Intelligence Surveillance Act Section 702 issues (see 2404120044), withdrew amid some Republican senators’ clear misgivings about confirming him to lead DOJ given he was the subject of a House Ethics Committee probe into sexual misconduct claims.
The FCC submarine cable NPRM now asks about ensuring cable licensees don't use equipment or services from entities on the agency’s covered list of organizations that pose a U.S. security threat. Commissioners at their open meeting Thursday unanimously approved the subsea cable NPRM, as expected (see 2411120001), as well as a robocall third-party authentication order. They also approved 5-0 an order creating a permanent process for authorizing content-originating FM boosters, which let broadcasters geotarget content within their broadcast reach for up to three minutes per hour (see 2411140053). The meeting saw the four regular commissioners praise Chairwoman Jessica Rosenworcel, who said Thursday she would step down Jan. 20, the date the next presidential administration takes power. Minority Commissioner Brendan Carr, who is slated to become chair (see 2411180059), discussed his agenda with media (see 2411210028).
Outgoing FCC Chairwoman Jessica Rosenworcel received praise from the regular commissioners at Thursday's open meeting (see 2411210006) as she announced plans for stepping down Jan. 20, the date the next presidential administration takes power. Addressing reporters, incoming FCC Chairman Brendan Carr repeatedly named "tech censorship" and the "censorship cartel" as major priorities. "Smashing this [censorship cartel] is going to be a top issue," he said.
FCC Commissioner Brendan Carr and California state Sen. Scott Wiener (D) took shots at each other on X Wednesday, trading jabs about net neutrality and Carr's selection as President-elect Donald Trump's FCC chair. Carr "opposes net neutrality, which ensures that you, not telecom companies, get to decide where you go on the internet," Wiener wrote. "Fortunately [California] has a strong net neutrality law, which I authored after Trump's FCC repealed net neutrality in 2017," he said, adding that "we'll defend an open internet" (see 2309280056). Carr responded with an image of search results for "What has Scott Wiener done?," appearing to imply that Wiener has done little worth noting.
The Committee for the Assessment of Foreign Participation in the U.S. Telecommunications Service Sector asked the FCC to refer to it T-Mobile’s proposed buy of wireless assets from UScellular (see 2405280047) for further examination. DOJ asked for the referral “to determine whether these applications pose a risk to the national security or law enforcement interests” of the U.S., said a filing this week in docket 24-286. The committee -- informally known by its former name, Team Telecom -- is an interagency review body composed of DOJ, DOD and the Department of Homeland Security. DOJ “believes that such risk may be raised by the foreign participation (including the foreign relationships and ownership) associated with the applications, and a review by the Committee is necessary to assess and make an appropriate recommendation as to how the Commission should adjudicate these applications,” the filing said. It cites executive order 13913 issued in 2020 by then-President Donald Trump. Meanwhile, petitions to deny the transfer of UScellular authorizations and spectrum licenses to T-Mobile are due Dec. 9 (see 2410300051), but the National Wireless Independent Dealer Association (NWIDA) made its opposition known on Wednesday. NWIDA cited “T-Mobile's documented history of post-merger conduct that has proven detrimental to independent dealers and the communities they serve.” T-Mobile’s conduct, “particularly following the Sprint acquisition, demonstrates a concerning trend of eliminating independent dealers despite pre-merger assurances,” the group said: “Currently, T-Mobile faces multiple lawsuits from independent dealers, and their Chief Operating Officer has publicly expressed a preference for corporate-owned stores over independent dealers.”
Federal permitting problems could become notable impediments to BEAD deployment projects, Lukas Piertzak, NTIA senior broadband policy adviser, acknowledged Wednesday. Yet Piertzak also said a clawback of BEAD funding next year seems unlikely. BEAD, as well as NTIA's tribal connectivity and middle-mile programs, are perhaps insulated because of their bipartisan support not just from federal lawmakers but also governors and local officials, he added. Piertzak spoke during a panel discussion in T-Mobile's Washington office organized by ALLvanza, Multicultural Media, Telecom and Internet Council, LGBT Tech, and OCA – Asian Pacific American Advocates.
John Windhausen, executive director of the Schools, Health & Libraries Broadband Coalition, said Wednesday his organization is willing to work with FCC Commissioner Brendan Carr and other Republicans to save a program that lets schools and libraries use E-rate support for off-premises Wi-Fi hot spots and wireless internet services. On tap to lead the FCC next year under President-elect Donald Trump, Carr voted against the E-rate program's creation, as did fellow Republican Nathan Simington (see 2410070028).
House Communications Subcommittee member Rep. John Joyce, R-Pa., said during a Wednesday USTelecom event he wants renewed pushes to restore the FCC’s lapsed spectrum auction authority and enact a broadband permitting revamp legislative package to be among the subpanel’s top priorities in the next Congress. Broadband executives likewise named Capitol Hill action on broadband permitting legislation as their top congressional priority once Republicans have control of both chambers in January. The officials also noted interest in lawmakers’ work on a potential USF revamp.
The FCC should hold a hearing on Fox WTXF Philadelphia’s license to distinguish it from President-elect Donald Trump's recent attacks on broadcast licenses and establish a “bright-line test” on when such sessions are required, said the Media and Democracy Project in informal comments posted Tuesday in docket 23-293. The WTXF case, which stems from a court finding against Fox, is “easily distinguishable from routine complaints by politicians about the political slant of a particular channel or network's political slant or classic journalistic prerogatives,” said the MAD filing. Commissioner Brendan Carr's recent comments suggesting that as chair he will take up complaints against ABC and CBS over their content “illustrate the importance of this commission adopting a more clear bright line test that invokes the character provision of the Communications Act only after there has been a judicial finding,” MAD said. Although MAD acknowledged that lawmakers have asked Chairwoman Jessica Rosenworcel to refrain from addressing controversial matters until the new administration is in office (see 2411080048), the group argued that holding a hearing wouldn’t violate that request. “For the FCC to hold a hearing regarding a broadcast license applicant recently found by a court of law to have knowingly and repeatedly presented false news is certainly not controversial,” MAD said. However, multiple lawmakers have asked that the FCC deny MAD’s petition (see 2402260064) and Commissioner Nathan Simington has characterized the hold on WTXF’s license as an “intentional and unwarranted political delay," MAD said (see 2409130062). “Failing to hold a hearing under these circumstances would be tantamount to declaring the character requirement of the Act no longer applicable.” Carr and Fox didn’t comment.