Hurdles Remain for AM Radio Vehicle Mandate, Despite Senate Commerce Vote

The Senate Commerce Committee easily advanced the AM Radio for Every Vehicle Act (S-1669) Thursday, but the measure still faces hurdles to enactment, especially in the House. Congress was on track to not act on two other communications policy matters seen as potentially ripe for action before lawmakers were expected to depart Thursday night for the month-plus August recess (see 2307200071): a push for Senate confirmation of Democratic FCC nominee Anna Gomez and House consideration of the Commerce Committee-approved Spectrum Auction Reauthorization Act (HR-3565).

The House also failed to vote on the House Appropriations Committee-cleared FY 2024 Agriculture Department funding bill (HR-4368), which lawmakers proposed amending to revise the department’s ReConnect program rules to set minimum speed requirements at 100 Mbps download and 20 Mbps upload in areas where at least 75% of households lack access to that level of service (see 2307240063). The Rules Committee didn’t reach a decision on allowing votes on that amendment and others.

The House Commerce Committee approved the NTIA Reauthorization Act (HR-4510) and two other Communications Subcommittee bills (see 2307260037) Thursday at the start of a markup session in which partisan rancor over three electric vehicle measures was the more dominant issue. The Senate Appropriations Committee, meanwhile, cleared its Labor, Health and Human Services, Education and Related Agencies Subcommittee's FY 2024 funding bill with advance FY 2026 money for CPB intact. The House Appropriations LHHS Subcommittee moved its FY24 funding bill earlier this month without language providing for FY26 CPB money (see 2307140069).

Senate Commerce approved an amended version of S-1669 by voice, albeit with Sen. Gary Peters, D-Mich., asking the panel to record him as a no vote. The measure and House companion HR-3413 would require the Transportation Department to mandate automakers include AM radio technology in future vehicles. A manager's amendment from S-1669 lead sponsors Senate Commerce ranking member Ted Cruz, R-Texas, and Sen. Ed Markey, D-Mass., would exempt car manufacturers who made fewer than 40,000 vehicles during 2022 from the DOT mandate for at least four years after the rule’s effective date.

Senate Commerce advanced two other communications bills on voice votes: an amended version of the Orbital Sustainability Act (S-447) and altered Launch Communications Act (S-1648). S-447 would require the Commerce Department to work with the FCC and National Space Council to develop and promote standard practices for avoiding collisions and near hits between spacecraft in orbit (see 2209140062). S-1648 and House-passed companion HR-682 would require the FCC to streamline the authorization process for commercial launches’ access to spectrum. The panel also approved a set of privacy and tech-related measures (see 2307270058).

Latta Watching Senate

Cantwell, Cruz and Markey stressed the importance of advancing S-1669, during the Senate Commerce meeting, citing bipartisan agreement on the measure. AM radio “is an essential source of local news, weather and emergency information,” Cantwell said. “And this is important information to make sure that it remains a part of what consumers have access to.” Americans “rely on AM radio to provide them with safety alerts, news, talk radio and music,” but “several automakers have announced plans to take this important resource out of cars,” Cruz said: “That’s a big mistake.”

Peters’ office didn’t comment on why he opposes S-1669. During the meeting, Markey countered automakers’ claims about AM radio interference affecting electric vehicles’ batteries. Drivers of electric vehicles and gas-powered ones should have equal access to AM radio regardless of whether “some companies say they can’t figure out how” to prevent interference, he said: “I refuse to accept the false choice of safety during emergencies in developing the cars of the future. We can, and we must, do both at the same time.”

House Communications Subcommittee Chairman Bob Latta, R-Ohio, told us there’s continued resistance within the chamber’s GOP caucus to mandating AM technology in vehicles, which was on display during a June subpanel hearing on the issue (see 2306060088). “We’ll watch what happens” with S-1669 “over in the Senate,” Latta said: “In talking to people on this side” of Capitol Hill, the preference is “still not to make this mandatory” but keep up public pressure that led Ford Motor to backtrack in May and keep AM technology in 2024 Ford and Lincoln models (see 2305230047).

House Communications ranking member Doris Matsui, D-Calif., said she’s softening from her earlier opposition to HR-3413 but emphasized “there are a bunch of things that are noncontroversial that could advance after the recess” that should get priority.

Sustaining Momentum

S-1669’s momentum isn’t likely to die just because Congress is starting the August recess, NAB CEO Curtis LeGeyt said in an interview. Local broadcasters will push the issue with lawmakers when they head back to their home states. The bill “will ensure that the tens of millions of AM radio listeners across the country retain access to local news, diverse community programming and emergency information,” LeGeyt said in a statement. “We urge swift passage of this important legislation."

S-1669 has proceeded through the legislative process quickly and has a great deal of momentum, said National Religious Broadcasters Director-Public Policy and Communications Noelle Garnier. She noted AM radio is an item that draws bipartisan support because the band is used by conservative and religious broadcasters and stations that cater to diverse communities, along with its importance for emergency alerting.

Capitol Resources lobbyist John Simpson, whose clients include Newsmax, believes S-1669 has a good chance of making it through the full Senate despite other headwinds. The bill could face competition for floor time from larger pieces of legislation such as the farm bill, but it could end up as part of an end-of-year omnibus package, he said.

“AM radio plays a critical role in our public safety infrastructure,” said FCC Commissioner Geoffrey Starks. “I applaud Congress for its bipartisan action to ensure the continued reception of AM signals in all vehicles.” Automakers seeking to remove AM radio from new cars could eventually look to do something similar to FM radio, said Beasley Media CEO Caroline Beasley during a Thursday Media Institute event (see 2307270052).

CTA continues to oppose HR-3413/S-1669. Senate Commerce’s advancement of the measure “is an unprecedented and unnecessary attack on consumer choice and the free market,” said CEO Gary Shapiro in a statement. “Instead of advancing free-market principles, the Committee has now gone on record in support of Washington forcing private-sector businesses to sell a product that most consumers don’t even use or want. Hopefully Congress will ultimately come to its senses and let consumers -- not Washington -- decide what they want in their new cars.”

Other Markups

Senate Appropriations’ LHHS bill, which advanced 26-2, maintains CPB’s annual funding in FY26 at $535 million, as expected (see 2307210065), with an additional $60 million for system interconnection and infrastructure for FY24. Congress allocated CPB $535 million for FY 2025 in the FY 2023 omnibus appropriations package (see 2212210077). President Joe Biden proposed increasing its annual appropriation to $575 million for FY26.

“We are grateful for the strong bipartisan support in the Senate that provides level funding for CPB,” CEO Patricia Harrison said: “This essential funding ensures that public media’s educational and informational content and services are available for free to all Americans."

“America’s Public Television Stations are deeply grateful for” Senate Appropriations’ support “for this continued investment in the work of public television,” APTS CEO Patrick Butler said.

House Commerce advanced HR-4510 on a unanimous 48-0 vote. The panel similarly cleared the AI Accountability Act (HR-3369) 50-0 and DiasporaLink Act (HR-3385) 41-0. HR-4510 would elevate the NTIA administrator’s affiliated role as assistant Commerce secretary-communications and information to an undersecretary level. It would set NTIA’s annual appropriations at $62 million in both FY 2024 and FY 2025.