Jimm Phillips

Broadband items drew some lawmakers’ attention Wednesday night and Thursday as Capitol Hill fully shifted into the week-plus Thanksgiving recess. A trio of non-Commerce Committee-affiliated senators weighed into the debate over expanding the USF contribution base, while leaders of the House and Senate Commerce committees sided along party lines on the FCC’s 3-2 Wednesday vote to adopt rules aimed at curbing digital discrimination (see 2311150040). President Joe Biden, meanwhile, is set to sign off before Friday night on a continuing resolution to fund the FCC, FTC, NTIA and other Commerce Department agencies at FY 2023 levels through Feb. 2 (HR-6363) after the Senate joined the House Wednesday night in passing the measure.

The House Rules Committee Monday night turned down two Republicans’ bids to further restrict public broadcasting funding as part of the Appropriations Labor, Health and Human Services, Education and Related Agencies Subcommittee FY24 funding bill (HR-5894), but allowed consideration of two amendments related to the National Suicide Prevention Lifeline. The House’s ability to pass HR-5894, which deleted advance money for FY 2026 (see 2307210065), remained in doubt Tuesday. Meanwhile, the House was set to vote Tuesday afternoon on a continuing resolution that would extend federal appropriations for the FCC, FTC, NTIA and other Commerce Department agencies through Feb. 2 (HR-6363) at levels enacted in the FY 2023 appropriations omnibus package (see 2212210077).

The House approved an amendment Wednesday night to the FY 2024 Appropriations Financial Services Subcommittee funding bill (HR-4664) that would defund the FCC's Communications Equity and Diversity Council, but the proposal’s prospects remained in doubt Thursday after chamber leaders abruptly pulled the measure off the floor amid misgivings from some Republicans. House GOP leaders are eyeing a pivot to a continuing resolution to fund the government past Nov. 17 but were still deliberating on its contours Thursday afternoon.

The House voted 172-257 Wednesday against an amendment to the FY 2024 Appropriations Financial Services Subcommittee funding bill (HR-4664) from Freedom Caucus Chairman Scott Perry, R-Pa., that would have reduced the FTC’s annual funding to the almost $310 million it received for FY 2019 (see 1902150055). The chamber, meanwhile, approved on voice votes a trio of amendments aimed at curbing some FTC practices. The House was set to debate some other FCC and FTC-related amendments ahead of a final vote on HR-4664 that could happen as soon as Thursday. House GOP lawmakers are attempting to claw back additional federal funding for CPB via additional amendments to the House Appropriations Labor, Health and Human Services, Education and Related Agencies Subcommittee FY24 funding bill (HR-5894).

Several telecom-focused congressional leaders told us they’re more seriously considering directly appropriating $3.08 billion to fully close the FCC’s Secure and Trusted Communications Networks Reimbursement Program funding shortfall amid the ongoing stall in talks on a spectrum legislative package that top lawmakers long hoped could pay for the additional funding (see 2311010001). The outlook for a spectrum legislative deal is very dim while lawmakers continue to wait for DOD to release a much-anticipated report on repurposing the 3.1-3.45 GHz band for commercial 5G use (see 2310180062). Communications policy-focused lobbyists and officials are closely following how work on FY 2024 appropriations legislation progresses in the weeks ahead for signs to indicate whether a change in tack on rip and replace takes place.

House Communications Subcommittee member Rep. Tony Cardenas of California is leading a letter with almost two dozen other chamber Democrats urging the FCC not to refresh the record in docket 14-261 on reclassifying linear streaming services as MVPDs. FCC Chairwoman Jessica Rosenworcel has maintained the agency doesn’t have the authority to reclassify streaming services, and the FCC said her thinking hadn’t changed after a June letter from Senate Commerce Committee Chair Maria Cantwell, D-Wash., (see 2306230062). Twenty other Senate Democratic caucus members pushed last month in favor of a proceeding refresh (see 2310180067). “It was clear even in the 2014 FCC proceeding on this issue that video streaming and the video streaming marketplace were different, and therefore the FCC decided not to proceed,” Cardenas and the other Democratic lawmakers said in a draft of the letter to Rosenworcel we obtained Monday. “Aside from being an inappropriate standard to apply to the streaming marketplace, there is also reason to believe that these issues may be outside of FCC’s scope. The 2014 FCC proceeding record shows that there were issues with the FCC asserting jurisdiction. Ultimately, it is the role of Congress to determine changes to the streaming marketplace, and for these reasons, we urge you to close the 2014 proceeding.” Other House Democrats signing on to the letter include Innovation Subcommittee ranking member Jan Schakowsky of Illinois and Communications member Yvette Clarke of New York.

Officials affiliated with NATOA and other local government groups called on their supporters during a Monday webinar to lobby or otherwise communicate with House members in a bid to oppose the Commerce Committee-cleared American Broadband Deployment Act (HR-3557) ahead of what they view as chamber leaders’ impending bid to ram through passage of the measure without adequately consulting them. The measure, which House Commerce advanced in May without any Democratic support (see 2305240069), packages multiple GOP-led connectivity permitting revamp measures.

Sen. John Kennedy, R-La., and other backers of his Senate-passed 5G Spectrum Authority Licensing Enforcement Act (S-2787) are resuming their push for the House to pass the measure now that the chamber has resolved the leadership crisis that halted all legislative activity for most of October. The measure’s backers believe its enactment may be the easiest way to blunt the short-term effects of the FCC losing its spectrum auction authority, a lapse that began almost eight months ago. Lawmakers are continuing to press for full restoration of the mandate but believe that will be difficult until DOD releases its much-anticipated report on repurposing the 3.1-3.45 GHz band for commercial 5G use.

The FCC faces a bid by Rep. Greg Steube, R-Fla., to defund its Communications Equity and Diversity Council as part of upcoming floor action on the Appropriations Committee-approved FY 2024 spending bill that covers funding for the commission and FTC (HR-4664). Lawmakers pursued relatively few other FCC-focused amendments to HR-4664, but several targeted halting FTC action on proposed changes to the Hart-Scott-Rodino Act premerger notification process and other recent agency actions. House Appropriations advanced HR-4664 in July with proposals to cut funding to both the FCC and FTC compared with what they got in the FY 2023 omnibus funding package. The Senate Appropriations Committee proposes increasing annual money for both agencies (see 2307130069).

FCC Public Safety Bureau Chief Debra Jordan and lawmakers voiced optimism during a Wednesday night CTA event about the trajectory of the commission’s work on its August NPRM on a voluntary Cyber Trust Mark cybersecurity labeling program for smart devices (see 2308100032). Jordan offered few updates on the FCC’s progress in developing the NPRM’s record but emphasized that replies to comments filed earlier this month (see 2310100034) are due Nov. 10. “Smart devices make our lives easier” and “more efficient” including via “remotely monitoring the thermostat, knowing when your oven is preheated or the health of our kids,” Jordan said. “But increased interconnection also means increased opportunity for bad things to happen with regard to security and privacy.” Cyber Trust Mark will help consumers “get clear information about the devices that they’re considering buying based on” NIST’s “widely accepted” cybersecurity standards and other “industry research,” she said: “We envision a strong partnership” with the private sector “to make this happen,” similar to the joint Energy Department-Environmental Protection Agency Energy Star program. House Communications Subcommittee Chairman Bob Latta, R-Ohio, said he and other lawmakers are “carefully following” the FCC’s work on the cybersecurity labeling program, which “has the potential to be a good first step in educating consumers.” He cautioned that “we must also make sure the FCC relies on cybersecurity and industry experts to get this right.” Ranking member Doris Matsui, D-Calif., and Rep. Suzan DelBene, D-Wash., also praised the proposed program. It “will provide consumers with better cybersecurity,” invoking the “Good Housekeeping seal of approval” as a model. “Anything that helps somebody understand whether or not what they’re purchasing” meets cybersecurity standards is a good thing, she said.