The House passed its version of the FY 2019 National Defense Authorization Act (HR-5515) Thursday 351-66 with several provisions that counter President Donald Trump's bid to reconsider the Department of Commerce's seven-year ban on U.S. companies selling telecom software and equipment to ZTE. The Senate Armed Services Committee, meanwhile, agreed to attach to its version of NDAA the Banking Committee-cleared Foreign Investment Risk Review Modernization Act (S-2098) that would limit Trump's ability to alter the Commerce ban, as expected (see 1805220057 and 1805230058). Trump administration officials attempted to quell rising rancor over the controversy via meetings with top Republicans. Commerce announced the ban in April (see 1804170018)
Congress gave itself multiple options for addressing President Donald Trump's bid to reconsider the Department of Commerce seven-year ban on U.S. companies selling telecom software and equipment to ZTE, lawmakers and lobbyists told us. The issue continued to get Capitol Hill attention Wednesday. The previous day, the Senate Banking Committee attached language to the Senate version of the Foreign Investment Risk Review Modernization Act (S-2098) that would bar Trump from changing the Commerce ban on U.S. sales to ZTE without certification to Congress the company complies with U.S. laws (see 1805220057). Trump has faced criticism over ZTE since he first tweeted about it last week (see 1805140062, 1805150068 and 1805160061). Commerce first announced the ban in April (see 1804170018).
The Senate Commerce Committee is eyeing an NTIA oversight hearing but hasn't confirmed a date, Chairman John Thune, R-S.D., told reporters Tuesday. Two communications sector lobbyists cited a potential hearing in early June. It will likely involve Administrator David Redl, Thune said. “We're kicking around” some potential hearings and “obviously there are lots of issues in front of NTIA that impact a lot of folks in a lot of different stakeholder communities across the country,” he said. Redl testified during a March House Communications Subcommittee hearing but hasn't testified in front of Senate Commerce since that chamber confirmed him in November (see 1711070076 and 1711080015).
The Senate Commerce Committee advanced the Rural Reasonable and Comparable Wireless Access Act (S-2418) Tuesday on a voice vote. Sen. Mike Lee, R-Utah, plans to object if Senate leaders attempt to pass the bill on the floor under unanimous consent. Lee would "say no to that" but is "not trying to block the bill from being fully debated and amended on the Senate floor," a spokesman said. The updated bill and HR-2903 would direct the FCC to establish a national standard for deciding whether fixed and mobile broadband services in rural areas are “reasonably comparable” to urban services (see 1802130057). HR-2903 drew praise during a March House Communications Subcommittee hearing (see 1803220055). Sen. Shelley Moore Capito, R-W.Va., a S-2418 lead sponsors, lauded the vote as a “positive” step in “bridging the digital divide.” The Competitive Carriers Association, which backed HR-2903/S-2418, believes “current law requires reasonably comparable services between America’s rural and urban communities,” said President Steve Berry. The committee cleared National Transportation Safety Board nominee Jennifer Homendy on a voice vote. It delayed a planned vote on National Highway Traffic Safety Administration head nominee Heidi King amid concerns that not all Republican members would be able to attend, Chairman John Thune, R-S.D., told reporters Monday. “We assume” Senate Commerce Democrats are “probably going to” vote against King, necessitating a full complement of all 14 committee Republicans to overrule the 13 Democrats, Thune said. Democrats are objecting to King “in part due to lingering concerns” from Senate Commerce ranking member Bill Nelson, D-Fla., about her answers to questions about NHTSA's handling of a Takata air bag recall, a Nelson spokesman said.
President Donald Trump pushed back Tuesday against reports the U.S. and Chinese governments reached a tentative deal that would lift the Department of Commerce seven-year ban blocking U.S. companies from selling telecom software and equipment to ZTE in exchange for China's rescission of new tariffs on U.S. agricultural exports. Capitol Hill backlash continued against Trump's interest in renegotiating sanctions against ZTE. Trump faced criticism over the telecom gearmaker since he first tweeted about it last week (see 1805140062, 1805150068 and 1805160061).
Chairman Ajit Pai defended the FCC December order to rescind 2015 net neutrality rules amid criticism Thursday from Senate Appropriations Financial Services Subcommittee Democrats, a day after the Senate voted 52-47 to pass a Congressional Review Act resolution aimed at repealing the rescission order (see 1805160064). FTC Chairman Joseph Simons, in his first Capitol Hill appearance since becoming the head earlier this month (see 1805010026), faced questions on his vision of the trade commission's policy role on net neutrality, privacy and data security issues.
There's no consensus view on the future of the Congressional Review Act resolution aimed at reversing the FCC order to rescind the 2015 net neutrality rules, despite Senate 52-47 passage Wednesday of its Joint Resolution-52. All 49 Senate Democrats and three Republicans were in support: Sens. Susan Collins of Maine; John Kennedy of Louisiana; and Lisa Murkowski of Alaska (see 1805160043). Backers must secure House passage of companion House Joint Resolution-129 and convince President Donald Trump not to veto. Lawmakers, lobbyists and industry officials shared a range of views on whether that scenario is viable.
Two Republican senators told us Tuesday they weren't ready to announce a particular stance on the Congressional Review Act resolution aimed at reversing the FCC order to rescind 2015 net neutrality rules (Senate Joint Resolution-52) before an expected Wednesday floor vote (see 1805140045). A final vote is expected after 3 p.m., hours after the vote on an initial motion to proceed, a Senate aide told us. “It's going to be like final exams,” said Sen. John Kennedy, R-La.; “I'm going to be studying right up until the time I've got to” vote on the resolution. Kennedy has repeatedly noted his ongoing review of research on net neutrality and meetings with the Congressional Research Service on the measure. Sen. Lisa Murkowski, R-Alaska, said she has “still not” finalized on her position. Both have been viewed as potentially joining the 50 senators who publicly support the CRA measure so long as they aren't viewed as the decisive yes. Senate Commerce Committee Chairman John Thune, R-S.D., told reporters he's unsure if additional Republican senators besides Sen. Susan Collins, R-Maine, will support the legislation. “Nobody has informed us that they're going to be voting for it,” Thune said: “I've been talking pretty regularly with all of our members who I know are concerned about that issue and I have no reason to believe” they will defect. Groups on both sides of the debate continued to make their respective cases on the CRA measure Tuesday. CTIA, NCTA and USTelecom jointly called on Senate Majority Leader Mitch McConnell, R-Ky., and Senate Minority Leader Chuck Schumer, D-N.Y., to vote down the resolution. Consumers Union was among those urging the Senate to support it.
A Wednesday House Communications Subcommittee hearing on intersecting telecom, national security and competition policy issues could give lawmakers an early opportunity to delve into T-Mobile's proposed merger with Sprint and ramifications of President Donald Trump's push for the Department of Commerce to re-evaluate its seven-year ban on exports to ZTE (see 1805140062), officials and lobbyists told us. A range of other issues could also come up, including the FCC national security NPRM (see 1804170038), U.S. competitiveness in 5G and a revamp of the federal government's process for reviewing foreign takeovers of U.S. communications sector companies, they said. Testimony released in advance of the hearing focuses on concerns about China and the need for further U.S. government work to secure the telecom infrastructure supply chain.
The Senate voted 52-47 Wednesday to pass the Congressional Review Act resolution aimed at reversing the FCC order to rescind 2015 net neutrality rules (Senate Joint Resolution-52), as expected.