Jimm Phillips

A Tuesday Senate Communications Subcommittee hearing on implementation of broadband funding from the Infrastructure Investment and Jobs Act and other recent measures is likely to include a heavy focus on GOP leaders’ concerns about federal agencies’ oversight of those disbursals, lawmakers and other officials told us. There also may be discussion about other pressing issues, including recent pushes to include additional money for the FCC’s Secure and Trusted Communications Networks Reimbursement Program in a FY 2023 appropriations omnibus package (see 2212070068) and to enact legislation that ensures broadband funding from IIJA and the American Rescue Plan Act doesn’t count as taxable income, observers said.

Communications sector observers don’t see any early evidence to indicate Arizona Sen. Kyrsten Sinema's shift Friday from the Democrats to become a registered independent will materially affect FCC nominee Gigi Sohn's prospects of winning confirmation. Sohn faces long odds of getting a floor vote during the lame-duck session amid Senate Democratic leaders’ decision to prioritize passage of year-end bills like the FY 2023 National Defense Authorization Act (see 2211300074). The House voted 350-80 Thursday to pass a compromise version of the NDAA, filed as an amendment to shell bill HR-7776, that includes language to restrict the federal government’s use of products with semiconductor manufacturers deemed to be Chinese military contractors (see 2212070056).

House Judiciary Committee GOP leaders signaled before a Wednesday voice vote on the American Music Fairness Act (HR-4130) they intend to continue pursuing a compromise on music royalties legislation when their party regains control of the chamber in the next Congress. HR-4130, filed last year (see 2108120059), would levy a performance royalty on stations playing music on terrestrial radio. Lawmakers reintroduced the bill in September (see 2209220076).

Language from the Journalism Competition and Preservation Act (S-673) didn’t make it into a compromise version of the FY 2023 National Defense Authorization Act released Tuesday, after a wave of criticism from the bill’s opponents (see 2212050067). The House was expected to vote on the revised NDAA, filed as an amendment to shell bill HR-7776, as soon as Wednesday night. The broadcasting industry, which backs JCPA, faced a potential second legislative hit Wednesday at a House Judiciary Committee markup of the American Music Fairness Act (HR-4130), which NAB opposes (see 2202090053).

House Communications Subcommittee leaders are monitoring from afar Senate Commerce Committee negotiations on a potential compromise spectrum measure with an eye on the legislative clock as they question if a viable alternative to the existing Spectrum Innovation Act (HR-7624) is achievable amid the jam-packed lame-duck session. Fraught talks are underway aimed at reaching a deal on an FY 2023 appropriations omnibus package seen as a potential vehicle for passing spectrum legislation and allocating new funding for two bipartisan telecom priorities: the FCC’s Secure and Trusted Communications Networks Reimbursement Program and next-generation 911 tech upgrades. Hill leaders released a compromise version of the FY 2023 National Defense Authorization Act Tuesday without language authorizing funding for the telecom priorities (see 2212070056).

Senate Antitrust Subcommittee Chair Amy Klobuchar, D-Minn., struck back Tuesday against opponents of her Journalism Competition and Preservation Act (S-673) following a wave of outcry against a bid to attach the controversial bill to the FY 2023 National Defense Authorization Act (see 2212050067). Text of a pending compromise version of the annual measure, to be filed as an amendment to shell bill HR-7776, again failed to materialize by Tuesday afternoon, amid fractious negotiations.

Facebook parent Meta threatened Monday to "consider removing news from our platform altogether" if Congress passes the FY 2023 National Defense Authorization with language from the controversial Journalism Competition and Preservation Act (S-673), part of an outcry from opponents of the measure amid reports that Senate leaders planned to attach JCPA in the annual measure. The Senate Judiciary Committee-cleared S-673 (see 2209220077) would create a limited antitrust exemption to allow news publishers to collectively bargain with tech platforms for the use of their content. The House Judiciary Committee hasn't voted on companion HR-1735. The House Rules Committee postponed plans to vote Monday on a rule setting up floor debate on the measure, to be filed as an amendment to shell bill HR-7776, because the bill wasn’t yet ready.

A bid to circumvent FCC barriers on broadcasters airing ads for cannabis products in states where they're legal faces uncertain prospects on Capitol Hill. Federal law bars broadcasters from carrying ads for marijuana and other schedule 1 controlled substances. The House passed its FY23 FCC appropriations bill (HR-8294) in July with a rider barring the FCC from using its funding to revoke or otherwise condition a broadcaster’s license because it airs ads for cannabis products (see 2206270061).

Senate Commerce Committee leaders told us Wednesday they’re moving closer to agreement on some elements of a spectrum legislative package that goes beyond simply renewing the FCC’s auction authority but haven’t reached a deal to move such a measure during the lame-duck session. Meanwhile, the prospects for Senate confirmation of FCC nominee Gigi Sohn before the end of this Congress are further diminishing (see 2211180076) as leaders define legislative priorities before House control flips to the GOP in January, Commerce leaders said.

An additional short-term extension of the FCC’s spectrum auction authority past Dec. 16 is looking increasingly likely amid congressional negotiations that have made some progress since late September but haven’t bridged gaps on policy issues like the structure of a proposed auction of the 3.1-3.45 GHz band, said lawmakers and others in interviews. Congress temporarily renewed the FCC’s authority in September as part of a continuing resolution to extend federal appropriations, in hopes an additional two months of talks would yield a broader deal on spectrum legislation (see 2209300058).