Jimm Phillips

A Senate Commerce Committee spokesperson said Tuesday afternoon the panel remains on track to mark up the Spectrum and National Security Act (S-4207) Wednesday, but negotiations between leaders signaled the situation remained extremely fluid, lobbyists told us. Senate Commerce postponed two May markups of S-4207 amid strong opposition from top committee Republicans (see 2405010051). The measure would restore the FCC’s spectrum auction authority through Sept. 30, 2029. It would lend the commission more than $10 billion in FY 2024 funding for the expired affordable connectivity program and fully pay for the Secure and Trusted Communications Networks Reimbursement Program. The Senate Commerce meeting will begin at 10 a.m. in 253 Russell.

The Senate Commerce Committee is postponing a planned Wednesday vote on the Spectrum and National Security Act (S-4207), a spokesperson confirmed Tuesday night. That marks the third time the panel has postponed consideration of S-4207 since early May amid continued stumbling blocks in talks aimed at garnering GOP support for the measure. S-4207 would restore the FCC’s spectrum auction authority through Sept. 30, 2029, allocate money to the expired affordable connectivity program and fully pay for the Secure and Trusted Communications Networks Reimbursement Program.

Congressional leaders haven't reached a consensus on how to resurrect the FCC's expired affordable connectivity program. In interviews this week, lawmakers pointed to a range of options, including an expected third attempt at a Senate Commerce Committee markup next week (see [2405310070]) of the Spectrum and National Security Act (S-4207). The FCC formally shuttered ACP Friday after supporters on Capitol Hill failed numerous times at allocating stopgap funding (see 2403280001).

The House Appropriations Financial Services Subcommittee advanced its FY 2025 funding bill Wednesday with language that would couple an increase in the FCC’s annual funding with riders barring the commission from implementing GOP-opposed net neutrality and digital discrimination orders. The subpanel advanced the funding bill on a voice vote, but Democrats vowed to fight the FCC language and other riders when the measure reaches the full House Appropriations Committee. The measure also proposes cutting the FTC’s annual funding for FY25 from what lawmakers allocated the agency via a March FY24 minibus package (see 2403280001).

The Senate Commerce Committee is eyeing additional changes to the Spectrum and National Security Act (S-4207) in hopes of jump-starting its prospects as a viable vehicle for resurrecting the FCC’s expired affordable connectivity program, lobbyists said in interviews. Committee leaders are hoping further revisions will allow them to raise S-4207 during a potential mid-June meeting, lobbyists told us. Senate Commerce pulled S-4207 from consideration twice last month, including fully postponing a May 16 executive meeting (see 2405160066). The Biden administration and FCC Chairwoman Jessica Rosenworcel made a final call Friday for Congress to keep ACP running as the program’s time expired.

House Republicans pushed back during a Friday Communications Subcommittee field hearing in Bakersfield, California, against calls for Congress to allocate stopgap funding to the FCC’s ailing affordable connectivity program and the rollout of NTIA’s $42.5 billion broadband equity, access and deployment program. ACP supporters believe they made progress last week toward securing a path that keeps the program funded in FY 2024 despite proposals attaching funding to the FAA Reauthorization Act (HR-3935) failing in the Senate (see 2405100046).

Backers of stopgap funding for the FCC’s ailing affordable connectivity program and Secure and Trusted Communications Networks Reimbursement Program believe they made progress last week toward their goal of firming up the initiatives even as a bid attaching funds to the FAA reauthorization legislation appeared all but dead. Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., emerged from the chamber Thursday night touting commitments from leaders to move forward on allocating the proposed money even as the body voted 88-4 to pass the FAA Reauthorization Act (HR-3935) without funding language he and others sought (see 2405070083).

A bipartisan bid aimed at attaching $6 billion in stopgap funding for the FCC’s affordable connectivity program and $3.08 billion for the Secure and Trusted Communications Networks Reimbursement Program to the FAA reauthorization package appeared likely to fail Thursday amid opposition from Senate leaders (see 2405080047). Amendment co-sponsor Sen. J.D. Vance, R-Ohio, conceded in an interview Thursday he and other backers appear to lack the necessary votes to hold up consideration of the FAA package. Senate Commerce Committee Chair Maria Cantwell, D-Wash., and amendment co-sponsor Sen. Peter Welch, D-Vt., separately confirmed to us that chamber leaders still resisted allowing a floor vote on the proposal because they view it as nongermane to the FAA package.

Reps. Ben Cline, R-Va., and Tony Gonzales, R-Texas, renewed concerns with Commerce Secretary Gina Raimondo about NTIA’s implementation of the $42.5 billion broadband equity, access and deployment (BEAD) program. Their comments came during a Wednesday House Appropriations Commerce, Justice, Science and Related Agencies Subcommittee hearing. Cline faulted NTIA for previously rejecting the Virginia Office of Broadband’s BEAD Volume 2 application because that office “declined” to use the program to regulate broadband prices. Conservative groups previously latched onto the Virginia BEAD issue, which stemmed from NTIA’s requirements on participants offering a low-cost connectivity option (see 2403070065). “It’s been nearly five months since NTIA approved Louisiana’s [BEAD] plan, which was submitted at the same time as Virginia,” Cline said. “There are no outstanding issues,” so the Commerce Department should “commit to approving” Virginia’s application given it follows language in the authorizing 2021 Infrastructure Investment and Jobs Act barring rate regulation. Raimondo declined to commit to approving the Virginia proposal but said NTIA approves state plans that comply with the rate regulation ban. “I will look in on Virginia” after the hearing, Raimondo said. “What I can promise you is we aren’t regulating” broadband prices. “We are not telling any state, including yours, ‘If you don’t provide [service] at X dollars, we’re not going to give you the money.’ But the statute requires us to have low-cost options” as a requirement for BEAD funding, she said. Gonzales noted prospective BEAD participants in his southwest Texas district worry “about their potential ability to participate” in the program “due to the large size of the [service] areas” and the low-cost option requirement. “My job in implementing this $42 billion is to make sure every American has access everywhere,” Raimondo told Gonzales. “We’re working very closely with” Texas Gov. Greg Abbott (R) “using our maps to figure out who's not covered and providing subsidies to companies so that they” can cover rural areas.

A new bid by Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., and other senators to attach stopgap funding for the FCC’s affordable connectivity program and additional money for the Secure and Trusted Communications Networks Reimbursement Program to the FAA Reauthorization Act (see 2405070083) faces resistance from chamber leaders. Senate Majority Leader Chuck Schumer, D-N.Y., and other leaders are skeptical about including nongermane language in the FAA package. A previous proposal to attach ACP money drew opposition during a Tuesday night “hotline” that Senate leaders ran to gauge lawmakers’ support for amendments in the package.