Jimm Phillips

Senate Commerce Committee Democrats found ample support during a Wednesday confirmation hearing for plans to speed panel and floor consideration of FCC Chairwoman Jessica Rosenworcel’s renomination, in part citing Republicans’ expected somewhat supportive reception for the nominee (see 2111160001). Democratic FTC nominee Alvaro Bedoya got stronger criticism. At least two committee Republicans indicated they’re considering placing holds that would delay Bedoya’s progress on the floor (see 2111170059).

FCC Chairwoman Jessica Rosenworcel is likely to get a warmer GOP reception at her Wednesday Senate Commerce Committee confirmation hearing than fellow Democratic commission nominee Gigi Sohn will get at a to-be-scheduled December panel, lawmakers and lobbyists told us. Some observers believe FTC nominee Alvaro Bedoya, who’s also to appear Wednesday, will draw more attention because of some of the agency’s recent actions under Chair Lina Khan. The hearing will begin in 253 Russell immediately after a 10 a.m. meeting that will include votes on National Institute of Standards and Technology director nominee Laurie Locascio, the Anti-Spoofing Penalties Modernization Act (S-594) and American Cybersecurity Literacy Act (S-2699).

The Senate is likely to consider its own version of the House-passed FY 2022 National Defense Authorization Act (HR-4350) this week via a substitute version of the legislation from Senate Armed Services Committee Chairman Jack Reed, D-R.I., and “may add” the chamber-passed U.S. Innovation and Competition Act (S-1260) to the measure, Majority Leader Chuck Schumer, D-N.Y., told senators Sunday. The House passed HR-4350 in September (see 2109240067) with language from the 911 Supporting Accurate Views of Emergency Services Act (HR-2351) and Promoting U.S. Wireless Leadership Act (HR-3003). Senators are vying to attach some other tech and telecom amendments to the measure, including dueling amendments on Ligado’s L-band plans.

President Joe Biden signed the Secure Equipment Act (HR-3919), which requires the FCC to ban issuing new equipment licenses to companies the commission decides are a national security risk, the White House said. The Senate passed the measure in late October (see 2110290067). Commissioners approved an NPRM 4-0 in June proposing a similar ban (see 2106090063). Lead sponsor Rep. Anna Eshoo, D-Calif., and other sponsors jointly hailed Biden’s Thursday signing. “Now the FCC is prohibited from issuing licenses for any equipment made by companies that pose a threat to our national security,” Eshoo said Friday. Congress and the White House “sent a strong signal to the Chinese Communist Party that America is committed to protecting our telecommunications networks" and data security, said lead GOP co-sponsor House Minority Whip Steve Scalise of Louisiana. Senate companion S-1790 sponsors Ed Markey, D-Mass., and Marco Rubio, R-Fla., also welcomed enactment. House Commerce Committee ranking member Cathy McMorris Rodgers, R-Wash., praised the measure as “a major step towards securing America’s telecommunications infrastructure” against companies like “China state-backed Huawei and ZTE.”

House Communications Subcommittee Chairman Mike Doyle, D-Pa., told us he’s going to continue to press for progress on major tech and telecom legislation during the remainder of this Congress rather than coast toward retirement, after his October announcement he won’t run for re-election (see 2110180043). Doyle concedes progress on net neutrality legislation, a top issue since he became lead Communications Democrat in 2017, may not happen before he retires. Communications Vice Chair Doris Matsui of California and two other members -- Reps. G.K. Butterfield of North Carolina and Yvette Clarke of New York -- confirmed to us they’re considering whether they would like to succeed Doyle as the subpanel’s lead Democrat.

President Joe Biden plans to sign the Infrastructure Investment and Jobs Act Monday, as expected (see 2111080067), the White House said Wednesday. Biden plans to say at the signing ceremony that HR-3684, which includes $65 billion for broadband, will provide access to “high-speed internet for every American,” among other priorities, the White House said. Deputy Commerce Secretary Don Graves hailed the broadband money, during a Wednesday call with reporters. “Reliable high-speed internet is a necessity,” especially amid the COVID-19 pandemic, he said. “I’ve heard too many” stories “about families during the pandemic being forced to make the difficult decision of who received remote learning each day because their internet connection wasn’t strong enough to support more than one user at a time. That’s an injustice and it needs to end.” He noted NTIA will disburse about $48 billion of the broadband money, and Commerce has a “wealth of experience from carrying out” similar programs like the Broadband Technology Opportunities Program. An administration official said rules will reflect what was learned from past mistakes, speaking on condition of anonymity to reporters. BTOP had been controversial. Commerce plans to seek input from state governments, the telecom sector and other stakeholders on those rules, including how the department will define what level of service a recipient must provide via a required “low-cost” plan, the official said. Department representatives had no clear timeline for finalizing potential rules but suggested they could require the full amount of time set out in HR-3684 because of the “complexities” in the planning process.

Democratic FCC nominee Gigi Sohn got unexpected endorsements Wednesday from a pair of conservative media executives amid evidence of growing Senate GOP resistance to her confirmation. “I’ve fought in the trenches side-by-side” with Sohn “for a number of years on multiple issues,” said One America News Network President Charles Herring. “I’m fully aware of” her “personal views, yet I’m even more knowledgeable on her strong belief and advocacy of diversity in the programming lineup, especially news, regardless of conflicts with her” opinions. Sohn “has been very consistent in her views for diversity in media,” he said. "She believes in the First Amendment and the advantages of a strong and open media for the benefit of our democracy. She is one of the most knowledgeable persons I know on FCC issues and has the common sense and desire to work with people on both sides of the aisle.” Republican media consultant Bradley Blakeman, a former aide to President George W. Bush, separately endorsed Sohn in a Newsmax opinion piece. Sen. Lindsey Graham, R-S.C., indicated Tuesday he definitely won’t support Sohn. “I will do everything in my power to convince colleagues on both sides of the aisle to reject this extreme nominee,” he tweeted. Sohn “is a complete political ideologue who has disdain for conservatives. She would be a complete nightmare for the country when it comes to regulating the public airwaves.” Free Press co-CEO Craig Aaron, meanwhile, urged the Senate Commerce Committee Wednesday against holding separate confirmation hearings for Sohn and FCC Chairwoman Jessica Rosenworcel, tweeting “we need the FCC at work as fast as possible. And that means having all 5 commissioners in place.” Dragging “this out and delaying only serves the interests of those who don't want the FCC to do anything -- ever,” Aaron said. The committee remains on track for a hearing with Rosenworcel next week (see 2111020051), but leaders are believed to be considering a separate panel for Sohn amid GOP pushback against any attempt to “rush” that nominee’s confirmation, said a telecom lobbyist who follows Democratic deliberations. Senate Commerce leaders are also considering whether to include NTIA nominee Alan Davidson and FTC nominee Alvaro Bedoya at next week’s hearing or during a subsequent panel, lobbyists said. Senate Commerce Republicans aren’t fully opposed to fast-tracking Rosenworcel’s reconfirmation, with some saying they would be inclined to back her (see 2110260076). Senate Commerce didn’t comment.

Backers of two bills aimed at mandating improvements to spectrum policy coordination between the FCC and other federal agencies are hopeful President Joe Biden’s recent FCC and NTIA nominations (see 2110260076) will mean a clearer path to those measures’ enactment. The House Communications Subcommittee unanimously advanced one of the measures, the Spectrum Coordination Act (HR-2501), during a Wednesday markup. The subpanel also unanimously cleared the Data Mapping to Save Moms’ Lives Act (HR-1218).

Some House Homeland Security Emergency Preparedness Subcommittee members signaled interest during a Tuesday virtual hearing in beefing up first responders’ communications infrastructure around the National Mall, the Capitol Building and other federal facilities in Washington, in response to the Jan. 6 insurrection. Other members cited the need for improving foreign language speakers’ access to wireless emergency alerts and other public safety communications platforms, and pressed Federal Emergency Management Agency Director-Integrated Public Alert and Warning System Antwane Johnson on how that entity has implemented fixes to prevent a repeat of the 2018 false missile alert in Hawaii (see 1801160054). The Tuesday hearing was a follow-up to an October one that highlighted communications issues first responders continue to face 20 years after the Sept. 11 attacks (see 2110070059).

The Senate Commerce Committee plans a confirmation hearing around Nov. 17 for FCC Chairwoman Jessica Rosenworcel and Democratic commission nominee Gigi Sohn, as expected (see 2111010061), committee Chair Maria Cantwell, D-Wash., told us Monday. Nov. 17 is the likeliest date for the meeting, but it could happen “the day before or the day after,” Cantwell said. It will certainly happen “that week.” The hearing may also include NTIA administrator nominee Alan Davidson, but that hasn’t been finalized, she said. Senate Democrats hope to fast-track confirmation during the limited legislative time left this year following President Joe Biden’s nomination of the trio last week (see 2110260076).