Jimm Phillips

House Commerce Committee Chair Cathy McMorris Rodgers of Washington, Senate Commerce Committee ranking member Ted Cruz of Texas and six other top GOP lawmakers urged the 6th U.S. Circuit Court of Appeals Monday to strike down the FCC’s April net neutrality rules and reclassification of broadband as a Communications Act Title II service (see 2408140043). FCC Chairwoman Jessica Rosenworcel separately told Rodgers, Cruz and other Republican lawmakers she remains “confident that the Commission’s rules and decisions will withstand judicial review under the [U.S.] Supreme Court’s decision in Loper Bright Enterprises v. Raimondo and other applicable precedent.”

Senate Commerce Committee Chair Maria Cantwell, D-Wash., remains optimistic that she can get enough panel members on board with her Spectrum and National Security Act (S-4207) during the August recess to open a viable path for the stalled measure during the waning days of this Congress. Three Senate Commerce Republicans who are also senior members of the Armed Services Committee and are seen as potential converts on S-4207 told us just before the chamber recessed that they remain highly dubious about the measure.

FCC Chairwoman Jessica Rosenworcel circulated to the 10th floor plans for a full commission vote on restructuring radio group Audacy’s petition for a declaratory ruling seeking expedited foreign-ownership review as part of George Soros-affiliated entities purchasing its stock (see 2404230054), a commission official confirmed to us Thursday. Senate Commerce Committee ranking member Ted Cruz, R-Texas, preemptively claimed credit for Rosenworcel’s decision after pressing Republican Commissioners Brendan Carr and Nathan Simington about Audacy last week (see 2408090051).

Backers of resurrecting the FCC’s affordable connectivity program are tempering their expectations about how much a pair of July developments may increase Congress’ appetite for injecting stopgap funding into the lapsed initiative this year. The Senate Commerce Committee approved a surprise amendment July 31 to the Proper Leadership to Align Networks for Broadband Act (S-2238) that would allocate $7 billion to ACP for FY 2024 (see 2407310048). Former President Donald Trump earlier that month selected Sen. JD Vance of Ohio, a Republican who backed ACP funding in the face of opposition from party leaders, as his running mate (see 2407150062).

Minnesota Gov. Tim Walz, Vice President Kamala Harris’ running mate on the Democrats’ 2024 presidential ticket, enters the national stage with a record of pro-rural broadband action but is largely a blank slate on other tech and telecom matters, observers said in interviews. Harris announced Walz as her pick Tuesday after a two-week vetting process in which other governors with stronger broadband policy backgrounds were in contention (see 2407260001). Sen. JD Vance of Ohio, the Republicans’ vice presidential nominee, has been a leading congressional advocate for injecting funding into the FCC’s lapsed affordable connectivity program (see 2407150062).

The Senate Appropriations Committee cleared a pair of FY 2025 funding bills Thursday that maintain advance CPB money for FY 2027 and increase annual allocations to the FCC and FTC in excess of their FY 2024 budget. The House Appropriations Committee approved its versions of the FY25 bills covering those agencies, but Republican chamber leaders have delayed floor consideration of both measures amid shifting legislative priorities (see 2407230038).

The Senate Commerce Committee’s surprise adoption Wednesday of an amendment to the Proper Leadership to Align Networks for Broadband Act (S-2238) that would allocate $7 billion in stopgap funding for the FCC’s lapsed affordable connectivity program likely imperils chamber passage of that measure, lawmakers and lobbyists told us. Debate over the pro-ACP amendment and a proposal that attached $3.08 billion to fully fund the FCC’s Secure and Trusted Communications Networks Reimbursement Program also signaled continued friction among panel members over the Spectrum and National Security Act (S-4207).

Members of the congressional Universal Service Fund revamp working group are considering whether, and how much, the 5th U.S. Circuit Court of Appeals' ruling will affect their rollout of a framework for overhauling the program. The court ruled last week that the FCC's USF contribution factor is unconstitutional (see 2407240043). Experts believe lawmakers will likely factor the ruling into the framework, but it could be moot should the U.S. Supreme Court reverse the decision on appeal (see 2407260044). Uncertainty about USF’s future will likely extend the working group’s already lengthy process, lobbyists told us.

Kentucky Gov. Andy Beshear and North Carolina Gov. Roy Cooper possess the best telecom policy credentials among the main contenders to be the Democrats’ vice presidential nominee, broadband advocates and other policy observers told us. All the contenders hold broadly similar views to Vice President Kamala Harris on broadband and telecom policy matters, but could bring different perspectives to the ticket, experts said in interviews last week.

Senate Consumer Protection Subcommittee ranking member Marsha Blackburn, R-Tenn., filed a Senate version of a Congressional Review Act resolution of disapproval to undo the FCC’s April net neutrality order (Senate Joint Resolution 103) earlier this week. House Communications Subcommittee Chairman Bob Latta, R-Ohio, filed a House CRA resolution in May (see 2405230021). Senate Communications Subcommittee ranking member John Thune, R-S.D., previously filed an amendment (see 2406110054) to the stalled Spectrum and National Security Act (S-4207) aimed at nullifying the net neutrality rules. The House Appropriations Committee advanced its version of the FCC-FTC FY 2025 funding bill (HR-8773) in June with a rider barring the commission from using its allocation to pay for implementation of the net neutrality order (see 2406140054).