Jimm Phillips

Republicans are unlikely at this point to actively aid or diminish the chances of a possible 2-1 GOP-dominated FCC (see 2110080046), with acting Chairman Geoffrey Starks at the helm, come January, Senate Majority Whip John Thune, R-S.D., said in an interview. Such a scenario appears to be a growing possibility given the evenly divided Senate and a White House that hasn’t nominated anyone to the FCC almost nine months into Joe Biden's presidency. Acting Chairwoman Jessica Rosenworcel’s term expired in June 2020, meaning she would have to leave Jan. 3 absent Senate reconfirmation.

A Thursday Senate Communications Subcommittee hearing showed there is bipartisan support for a “strong telehealth initiative” that the Commerce and Health committees could together advance to the Senate floor this year, said subpanel Chairman Ben Ray Lujan, D-N.M., in an interview. Lawmakers noted interest in advancing the Temporary Reciprocity to Ensure Access to Treatment Act (HR-708/S-168) and Creating Opportunities Now for Necessary and Effective Care Technologies for Health Act (HR-2903/S-1512), among other telehealth measures. Lujan and others also used the hearing as a venue to promote the need for further broadband money and air grievances about President Joe Biden’s delay in announcing nominees to the FCC and NTIA.

House Communications Subcommittee Republicans used a Wednesday hearing ostensibly aimed at highlighting bipartisan cooperation on a dozen communications bills to criticize subpanel Democrats’ legislative and oversight process. Democrats appeared interested in moving at least some of the dozen bills before year's end, including the Spectrum Innovation Act (HR-5378). Republicans’ targets for criticism, as expected (see 2110050072), included the Senate-passed Infrastructure Investment and Jobs Act (HR-3684) and a pending reconciliation package, both in legislative limbo.

Witnesses praise a dozen communications-focused bills set to be the focus of a Wednesday House Communications Subcommittee hearing, in written testimony. The subpanel intends the dozen bills, including the Spectrum Coordination Act (HR-2501) and Spectrum Innovation Act (HR-5378), to highlight bipartisan cooperation on the House Commerce Committee, lobbyists said. At least one witness backs the bipartisan Infrastructure Investment and Jobs Act (HR-3684) and parts of the Democratic-sought budget reconciliation package, which could inject talk of the fracas over the timeline for considering those measures into the hearing, lobbyists said.

Telecom-focused Democrats told us they hope to limit any cuts to proposed next-generation 911 and broadband money in a final version of a budget reconciliation package and believe much depends on what negotiators decide on as an overall top-line. Legislators and lobbyists see the $10 billion for NG-911 and $4 billion for the FCC Emergency Connectivity Fund in the House Commerce Committee’s section of the Build Back Better Act reconciliation measure (see 2109140063) as the ceiling for telecom money rather than the floor.

The FCC could remain fully open “through Oct. 11” in the event of a now-unlikely government shutdown, acting FCC Chairwoman Jessica Rosenworcel told reporters Thursday. See our news bulletin here. President Joe Biden was expected to have signed a continuing resolution later that day to fund the federal government through Dec. 3 (HR-5305), averting a shutdown of agencies that would otherwise begin at midnight. Prospects for a planned Thursday House vote on the bipartisan Infrastructure Investment and Jobs Act (HR-3684) were in doubt amid opposition from progressives in the Democratic caucus to affirming the Senate-passed measure without first voting on a budget reconciliation package that's still under negotiation.

The FCC has sufficient funding available to keep its full staff working “through Oct. 11” if federal appropriations lapse at midnight and much of the government shuts down, acting Chairwoman Jessica Rosenworcel said during a conference call with reporters Thursday. A shutdown appeared unlikely because Congress appeared poised to pass a revised continuing resolution to fund the government through Dec. 3 (HR-5305). The House was expected to soon vote on HR-5305; the Senate voted 65-35 earlier Thursday to pass it.

House Science Oversight Subcommittee leaders debated Tuesday whether to institute mandates or offer legal protections to social media platforms in a bid to increase the amount of non-identifiable user data researchers can access as they examine ways to address the online spread of misinformation. There was disagreement over whether giving consumers more direct ownership of the data that platforms collect would help here. Data ownership, access and portability have been among thorny issues lawmakers eye via privacy legislation (see 2108170073).

Half of the Senate Democratic caucus, including Majority Whip Dick Durbin of Illinois and Communications Subcommittee Chairman Ben Ray Lujan of New Mexico, pressed President Joe Biden Wednesday to renominate acting FCC Chairwoman Jessica Rosenworcel and designate her as permanent chair “as quickly as possible.” Democrats’ frustration with the Biden administration is growing over delay in picking nominees for two Democratic commission seats (see 2109220049). “It is absolutely essential that there are trusted, qualified appointees leading” agencies charged with distributing $65 billion in broadband money included in the Senate-passed Infrastructure Investment and Jobs Act (HR-3684) and additional funding included in COVID-19 aid measures, the 25 senators wrote Biden. “Further delay simply puts at risk the major broadband goals that we share and that Congress has worked hard to advance as part of your administration’s agenda.” Sen. Joe Manchin of West Virginia led the letter, which has support from Senate Appropriations Financial Services Subcommittee Chairman Chris Van Hollen of Maryland and all but three Democratic Commerce Committee members -- Chair Maria Cantwell of Washington, Ed Markey of Massachusetts and Raphael Warnock of Georgia. “There is no better qualified or more competent person” to be permanent FCC chair right now than Rosenworcel, the senators said. “We have long experience working with her and her team, and she has already shown an ability to steer the FCC through these extraordinary and difficult times. Importantly, we believe” Rosenworcel “will face few obstacles to her confirmation. She has previously been approved on a bipartisan basis, and was unanimously approved by the Senate in 2012. It will take months for a different nominee to move through the process, hire staff and begin implementing an agenda, leading to indecision and gridlock at the very time decisiveness is most critical.” The White House and FCC didn’t comment Thursday.

Congressional Democrats are returning from a month-plus recess more willing to vent frustrations over President Joe Biden’s delay in announcing nominees to two Democratic FCC seats. They cite growing concerns the sometimes-lengthy Senate confirmation process could result in the current 2-2 split commission switching to a 2-1 GOP majority in January. Acting Chairwoman Jessica Rosenworcel’s term expired in June 2020, meaning she would have to leave Jan. 3 absent Senate reconfirmation.