The House Energy & Commerce Committee voted 28-23 along party lines not to recommend a Republican-backed resolution of inquiry to the full House. The resolution called out the Biden administration for alleged coordination with social media companies to censor speech and sought documents related to that alleged effort.

But while the resolution failed, it signaled what Republicans could be focusing on when they take over House chairmanships next month.

In what was likely the last committee gathering and action in this Congress, and before Republicans take over with pledges of vigorous oversight and investigation of the administration and Big Tech, committee chairman Rep. Frank Pallone Jr. (D-N.J.) called it an out-of-touch, frivolous and partisan inquiry that was in contrast to the committee’s productive work that preceded it.

The resolution was driven in part by new Twitter owner Elon Musk’s release of internal documents he claims support allegations of shadow-banning conservatives.

Committee ranking member Cathy McMorris Rodgers (R-Wash.) countered that the inquiry was necessary and about “putting people before politics.” She said for years Big Tech had been flagging, suppressing and “outright banning conservatives on their platforms.”

She said Big Tech had denied accusations of such conduct, including before the committee. “Now, thanks to the recent Twitter files, we know that they were not being honest.” She said the documents showed that Twitter executives were shadow-banning conservatives despite then-Twitter CEO Jack Dorsey’s claims to the contrary.

Rep. Anna Eshoo (D-Calif.) called the effort misguided and a poor use of the committee's time. ▪️

Bipartisan leaders in the House Energy & Commerce Committee are praising a pair of new bills that would 1) streamline regulation of satellite broadband buildouts while still providing safety from potential orbital debris and 2) extend terrestrial network security legislation to space.

Committee chair Frank Pallone Jr. (D-N.J.) and ranking member Cathy McMorris Rodgers (R-Wash.), said of the Satellite and Telecommunications Streaming Act: “[W]e must streamline our regulatory processes to unleash innovation while also ensuring our laws fully protect the American public.”

The Satellite and Telecommunications Streamlining Act would direct the Federal Communications Commission to expedite licenses under “measurable and technology-neutral” protections, including collision avoidance, for “space safety and orbital debris.”

Also: Secure Networks Act Passes Senate

It also sets a timetable for the FCC to decide on satellite and earth station applications and allows the agency to automatically grant requests for some times of application modifications.

The Secure Space Act would amend and extend the Secure and Trusted Communications Networks Act to space by preventing suspect technology providers from accessing to FCC-issued satellite licenses.

The new bill would prevent the FCC from “granting a license or United States market access for a non-geostationary orbit satellite system [the delivery mechanism for satellite broadband] if the license or grant of market access would be held or controlled by an entity that produces or provides any covered communications equipment or service or an affiliate of such an entity.”

"This legislation gives government the keys to ensuring that we continue to lead the world in robust connectivity and in the deployment of new technologies," said FCc Commissioner Nathan Simington. "There is an insatiable hunger for low-latency, high-bandwidth broadband connections in every corner of the U.S. that satellite broadband providers are racing to feed." ▪️

Two of the top Democrats in the House have written the Federal Communications Commission to express their strong concerns with the Standard General-Tegna merger, which the agency is currently vetting per its mandate to ensure such deals are in the public interest.

Tegna, which owns 64 TV stations in 51 U.S. markets, agreed to be acquired by Standard General in February for $8.6 billion including debt. Tegna also owns multicast networks True Crime Network, Twist and Quest, as well as advanced advertising company Premion.

The FCC recently asked for more information about the deal's impact on jobs, local news, and retransmission consent.

Also: FCC Seeks Staffing Information on Standard General-Tegna

According to a copy of a letter provided to B+C dated Thursday (Oct. 6), House Speaker Nancy Pelosi (D-Calif.) and Senate Commerce Committee chair Frank Pallone Jr. (D-N.J.) have written FCC chair Jessica Rosenworcel asking her to “fully examine” the deal and the concerns raised by public comments, which they said are shared by “many of our colleagues in Congress.”

Those concerns, according to Pallone and Pelosi, include that the deal would restrict access to local news coverage, cut jobs and raise prices for consumers via increased retransmission consent fees to cable operators and other multichannel video programming distributors (MVPDs).

“By structuring the transaction to apparently trigger ‘after-acquisition’ clauses in retransmission-consent contracts, the proposed new owners of Tegna could immediately charge higher fees to pay TV providers, which may, in turn, be passed on to pay TV consumers,” they wrote Rosenworcel, saying the deal’s complicated structure would obscure the ownership of the stations, which would undermine localism, competition and diversity.

Cable operators have also expressed their concerns to the FCC about what they called the complex web of license transfers and spinoffs in the deal. They contend those transactions could prove a way to end-run the FCC’s ban on joint, coordinated, retrans negotiations by two stations in a market unless they are commonly owned, joint negotiations that can drive up the price cable operators pay for local TV-station signals. 

Among the principal opponents of the deal is NewsGuild-CWA, which has petitioned the FCC to block it and has asked President Joe Biden to request that the FCC block the purchase of Tegna TV stations by investment fund Standard General and Apollo Global Management, which is funding the deal and getting some stations in a spinoff side deal.

NewsGuild-CWA is the nation’s largest union representing journalists. But Standard General and Tegna executives have countered that they have no plans to cut news jobs, and point to a history of boosting local news output at their stations.

Standard General CEO Deb McDermott wrote Tegna news staff to tell them of the company's commitment to news and news jobs.

Those executives have also pointed out that the “complicated” structure would boost women and minority ownership of media, an FCC public-interest goal.

Standard General provided a lengthy rebuttal:

“Standard General’s proposed acquisition of TEGNA will yield significant public interest benefits without any countervailing public interest harms, including creating the largest minority-owned and female-led broadcast station group in U.S. history.  We were therefore disappointed to see the FCC petitioners enlist the involvement of Speaker Pelosi and Congressman Pallone by misleading them with the same false statements they have been making to the FCC.

“While the Pelosi-Pallone letter decries the UHF Discount, the Tegna transaction does not rely on the UHF Discount in any way.

[Editor's note: Dating from the pre-digital days when UHF signals were the weaker ones, the FCC only counts half a UHF station's audience reach toward its local ownership caps]

“While the Pelosi-Pallone letter complains of media consolidation, TEGNA will actually be smaller after the proposed transaction, creating the opposite of consolidation.

“While the Pelosi-Pallone letter repeats the petitioners’ claim that Standard General will supplant local news content with news produced in DC, there is utterly no support in the FCC record for that claim and Standard General has made clear in the record that it will not.

“The Pelosi-Pallone letter speculates that Standard General will cut station jobs at Tegna, when in fact Standard General made a commitment in the FCC record that it was not planning any such actions — a commitment no prior FCC broadcast station applicant has ever made.

“The Pelosi-Pallone letter falsely claims that Standard General stated several years ago that TEGNA has “too many employees,” when in fact, Standard General publicly protested TEGNA’s furlough of employees during the pandemic.

“The Pelosi-Pallone letter speculates about the influence of foreign ownership, when 100% of the voting shares and the right to appoint the entire TEGNA board is held by a U.S citizen.

“The Pelosi-Pallone letter speculates about ‘price increases on American families’ when TEGNA, as a broadcaster, makes its content available to the public for free over-the-air. Only cable companies decide what price their own subscribers pay.

“We are therefore very disappointed to see the petitioners’ package of misstatements at the FCC being used to also mislead our elected representatives into applying improper pressure upon the FCC.    

“Soo Kim [who heads Standard General] and Deb McDermott have a proven track record of enhancing stations’ service to their local communities, increasing local news output, and investing in the resources that stations need to compete successfully. Standard General has increased newsroom staffing at its current stations by 28% since acquiring them in February 2021, while, in comparison, the employee headcount at other major broadcasters, including Tegna, dropped during the pandemic. Soo Kim and Deb McDermott are committed to bringing that same dedication to competition and localism to the Tegna stations, creating the largest minority-owned and female-led television station group in U.S. history and dramatically increasing minority broadcast ownership and viewpoint diversity.

“The proposed Tegna transaction complies with all FCC rules without the need for any waivers, divestitures, or special treatment. Standard General seeks nothing from the FCC other than to be treated in the same fashion as other applicants whose transactions were promptly approved in the past two years, including Gray’s acquisition of Meredith, which, unlike the Tegna transaction, involved a station divestiture to comply with FCC local ownership rules, and Scripps’ acquisition of Ion, which involved the divestiture of 23 stations to meet FCC ownership limits. The Gray-Meredith transaction was approved in less than six months and the Scripps-Ion transaction was approved in less than three months. The Tegna transaction has been under review at the FCC for almost nine months at this point, and the time has come to approve the transaction and unleash an almost 300% increase in the number of minority-owned TV stations in the U.S., bringing badly-needed diversity to the nation’s broadcast station ownership.

 "We continue to work collaboratively with FCC staff in their review of the proposed transaction.”

Said NewsGuild of the letter: “NewsGuild-CWA members are thankful that Speaker Pelosi and Chairman Pallone have joined us in calling on the FCC to scrutinize the takeover attempt of Tegna, one of the largest producers of local TV news,“ the guild said of the letter. “Hedge fund Standard General, backed by anonymous investors located in the Cayman Islands and elsewhere in the world, will treat Tegna as just another part of its portfolio of casinos, cruise lines and other non-media properties. ■

The discussion draft of a bipartisan data privacy bill has been circulated that would allow web users to "turn off" targeted advertising and take other steps to secure data privacy and protection.

The draft bill, which was unveiled Friday, is billed as the first such effort that has gotten bipartisan and bicameral (House and Senate) buy-in and one which requires "regulatory parity across the internet ecosystem."

The draft was circulated by Reps. Frank Pallone (D-N.J.) and Cathy McMorris Rodgers (R-Wash.), the chair and ranking members, respectively, of the House Energy & Commerce Committee, as well as Sen. Roger Wicker (R-Miss.), ranking member of the Senate Commerce Committee.

Absent from the list of the draft's backers was Sen. Maria Cantwell (D-Wash.), chair of the Senate Commerce Committee, which was billed as from  "House and Senate leaders."

In a statement, Cantwell signaled she had more than a few issues with the bill. 

 “For American consumers to have meaningful privacy protection, we need a strong federal law that is not riddled with enforcement loopholes," she said. "Consumers deserve the ability to protect their rights on day one, not four years later [The bill provides a private right of action for violations, meaning users can sue, but only beginning four years after enactment of the act]. Americans also deserve a law that imposes a duty of loyalty on the companies that collect and monetize personal data so that the companies cannot abuse that data.”

The trio of draft backers did single out Consumer Protection Subcommittee Chair Jan Schakowsky (D-I..), ranking member Gus Bilirakis (R-Fla.), and "numerous members of the Senate Commerce Committee" for their leadership on the draft.

Also: IAB Tech Lab Launches GPP Global Ad Privacy Permissions Standard

On the targeted advertising front, the bill would require that consumers be given a "clear and conspicuous means" of opting out of such ads "prior to any targeted advertising and at all times afterwards."

It would also prevent targeted advertising to anyone under 17 if a covered entity has "actual knowledge" that the individual is 16 or younger. Those entities are also prevented from transferring covered data from anyone 13-17 to third parties without express consent.

To make sure that the government is paying close attention to how young people are being marketed online, the bill would create a Youth Privacy and Marketing Division at the Federal Trade Commission that "shall be responsible for addressing privacy and marketing concerns with respect to children and minors." The division will have to submit annual reports to Congress and add on-staff experts in "youth
development, data protection, digital advertising, and data analytics."

Other highlights of the draft:

The bill prevents the collection or use of data in a way that discriminates against anyone based on "race, color, religion, national origin, gender, sexual orientation, or disability."

The bill requires data minimization on the front end, so no more data is collected than necessary for an allowable use.

The bill creates a generally opt-out data collection regime, except for certain sensitive data, for which users must give their permission first (opt in).

“We appreciate the bipartisan momentum in the U.S. Congress to advance U.S. privacy protections and look forward to reviewing the specifics of the draft bill released today,” said ITI: The Information Technology Industry Council President Jason Oxman following the draft's release. “For years, ITI has urged U.S. policymakers to enact a comprehensive federal privacy law that builds mutual trust, protects consumers, and supports continued innovation, and we will evaluate the bill with those objectives in mind.” ■

The House has narrowly passed the America COMPETES (Creating Opportunities for Manufacturing, Preeminence in Technology and Economic Strength) Act, which among many other things, provides $1.5 billion for securing the wireless mobile broadband market supply chain. 

The vote was 222-210, with only one Republican voting for the bill, and one Democrat opposing. A Senate version has already passed and will have to be reconciled with the House bill.

The bill was hailed by House Energy & Commerce Committee chairman Frank Pallone (D-N.J.). His committee supplied many elements of the bill including the wireless funding, $45 billion for supply chain resilience.

The bill also has $52 billion in funding to boost domestic semiconductor production, another supply-chain issue that affects network security.

Democrats billed the spending as a way to better compete with China, but Republicans said it would do the opposite.

“This bill is essential to our supply chains, our economy, and our workers, and will unleash the next generation of innovation and manufacturing in the United States,” said Commerce Secretary Gina Raimondo. “I’m urging Congress to move quickly to begin negotiations and work out the differences between the bills, focus on areas of common agreement, and get a final version to President Biden’s desk for his signature.”

“The America COMPETES Act provides a critical boost to America’s technological leadership, economic competitiveness, and national security," said Jason Oxman, president of tech trade association ITI. "Its prioritization of research and development, entrepreneurship, and science will strengthen the national innovation ecosystem. Importantly, its investments in domestic semiconductor production will create a more resilient supply chain in the long-term."

Republicans saw it quite differently.

Rep. Cathy McMorris Rodgers (R-Wash.), the ranking member of Energy & Commerce, branded it the “America Concedes Act” and said it was reckless spending that would “surrender” the country’s competitive edge, not sharpen it. “If the Democrats wanted to make America more competitive, they would abandon their destructive agenda and work with us to reform burdensome permitting, licensing, and regulatory regimes,” she said on the House floor in advance of the vote.

She called the bill a massive government handout to benefit political allies, and went so far to say that the Democrats‘ approach actually takes a page out of the Chinese Communist Party of “stealing, cheating and using their centrally controlled economy to pick winners and losers through massive government subsidies.”

One of the issues with the domestic communications supply chain is that it contains technology from Chinese companies that can undercut U.S. competitors because they have been subsidized by the government.

The broadband and chip funding had bipartisan support, but Rodgers said labor restrictions had been added that “are only going to make it harder for us to lead in 5G and next-generation communications.” 

"This bill was built on numerous bipartisan elements and on shared bipartisan agreement on the need to act," said President Biden. "If House Republicans are serious about lowering prices, making our economy stronger, and competing with China from a position of strength, then they should come to the table and support this legislation, which does just that."■

The House Energy & Commerce Committee plans to mark up two communications and technology bills this week.

Those would be H.R. 1281, the Data Mapping to Save Moms Act, and H.R. 2501, the Spectrum Coordination Act.

House E&C chairman Frank Pallone Jr. (D-N.J.) and Communications Subcommittee chairman Mike Doyle (D-Pa.) said Monday (Nov. 1) that the committee will mark up the bills — that is, consider amendments and potentially vote them out of committee — on Nov. 3.

The bipartisan Data Mapping Act “will use data mapping to identify areas of the country where poor maternal health rates overlap with a lack of broadband access in order to deploy telehealth services most effectively,” according to co-sponsor Gus Bilirakis (R-Fla.). Other co-sponsors are Reps. G. K. Butterfield (D-N.C.) and Lisa Blunt Rochester (D-Del.).

The Spectrum Coordination Act, also from Bilirakis, “requires the National Telecommunications and Information Administration and the Federal Communications Commission to update the Memorandum of Understanding (MOU) on Spectrum Coordination to (1) improve the process for resolving frequency allocation disputes in shared or adjacent spectrum bands, and (2) ensure the efficient use or sharing of spectrum.”

House Energy & Commerce Committee chairman Frank Pallone Jr. (D-N.J.) said he plans an Oct. 6 hearing on strengthening communications networks, given consumers’ reliance on them for health care, work, news, entertainment and connecting with loved ones.

Accessibility and affordability of those networks are a priority of the committee, as is cybersecurity.

Also Read: House E&C Extends Suspect Tech Ban to Non-Subsidized Nets

“Next week, we will consider several bills designed to advance that mission,” Pallone and Rep. Mike Doyle (D-Pa.), the Technology Subcommittee chairman, said in a joint statement. “We look forward to considering these bills and working together on common-sense policies that enable these networks to meet consumers’ needs, now and into the future.”

One way Congress has been promoting future-proof networks is to disallow technology that represents a threat to national security to remain in U.S. networks, primarily by directing the FCC to deny broadband subsidy funding to suppliers of suspect technology.

Another is to emphasize that competition and affordability should be part of the definition of universal access to broadband networks, both wired and wireless.

The House Energy & Commerce Committee waded into broadband as an equity issue Thursday (May 6) in a hearing "addressing disparities in access and affordability."

Committee Chairman Frank Pallone (D-N.J.) said one problem creating digital disparities has been too narrow a definition of the digital divide. 

"For too long, the term digital divide has been used to characterize the differences in quality and speed of internet networks in rural areas, compared to those in urban areas," he said in his opening statement. "There is no doubt that government must step in and invest where the marketplace doesn’t support the business case for private broadband investment in any community in our nation. But that's just the start," he said. "Studies have shown that within all sorts of different communities broadband service isn’t always available or of equal quality. Certain communities somehow always find themselves at the back of the line when it comes to upgrades to the network."

Pallone said the digital divide between races and ethnicities when it comes to access hurts students and their ability to get jobs.

Rep. Anna Eshoo, who has introduced legislation to preempt laws — backed by cable broadband operators — that limit municipal broadband buildouts said the digital divide — however it is defined — is a national embarrassment and that community broadband networks are part of the solution.

But while the hearing was premised on the assertions that lack of competition and high prices were among the impediments to broadband that exacerbated a racial digital divide, Communications Subcommittee ranking member Rep. Bob Latta (R-Ohio) suggested both were off base.

“According to the most recent Communications Marketplace Report published by the FCC, the cost of the most popular plans has decreased by 20 percent, while speeds increased by 16 percent since 2015," he said. "And, as a result of more Americans upgrading their services, the average cost of the highest speed offerings have dropped by 37 percent, while simultaneously increasing speeds by 27 percent."

As to an urban as well as a rural divide, he said that broadband subscriptions in urban areas are up 21.8% over the past five years. "And despite the claims of consolidation, the number of broadband providers has increased over 25 percent from 2014 to 2019, with urban core areas seeing an increase of 30 percent."

And while Democrats are pushing for more money for broadband — including another $6 billion to make the current Emergency Broadband Benefit permanent — in addition to the billions of dollars already allocated in COVID-19 relief packages, Republicans are billing that as more radical Big Government programs from the new Biden Administration that would "reshape" entire industries.

The infrastructure package President Biden is currently promoting would inject another $100 billion into broadband subsidies, adding to Republicans' angst about the vast sums involved.

Rep. Cathy McMorris Rodgers (R-Wash.), ranking member of the full committee, also cited price decreases despite the decision by then FCC Chairman Tom Wheeler to exclude rate regulation from the Title II (common carrier reg) regime the FCC was imposing on ISPs.

But rate regulation clearly appears to be on the table for Democrats emphasizing that cost is a barrier to adoption that the government needs to address.

The majority of the witnesses agreed that cost was a big barrier.

Chris Lewis, president of Public Knowledge, said that the high cost of broadband is one of the primary reasons for the "staggering" digital divide, and said that Congress should take steps to increase competition and provide a long-term benefit.

Citing Pew Research Center data, Joi Chaney of the National Urban League said that unaffordability is the single biggest reason that Americans cite for not subscribing to broadband. "It does not help much to have lightning-fast broadband at your door if you cannot afford to subscribe to it," she said.

The Biden Administration has received a bipartisan warning from Congress not to include Sec. 230-related language in any trade agreements.

That came in a letter to U.S. Trade Representative Ambassador Katherine Tai from House Energy & Commerce Committee Chairman Frank Pallone (D-N.J.) and ranking member Cathy McMorris Rodgers (R-Wash.), according to a copy obtained by Multichannel News.

Sec. 230 is the law (the last vestige of the Communications Decency Act of 1996) that gives websites immunity from liability for the third-party content they host on their sites.

It is the provision that allowed Facebook, Twitter and other social media platforms to grow without fear of endless liability lawsuits over their content, whether it’s offensive material they failed to take down or content they concluded was not fit for their platforms and did scrub.

It has been the subject of major debate in Washington, including critics on both sides of the aisle and an attempt by former President Donald Trump to get the FCC to regulate online content by tweaking the section.

"As you may know, the effects of Section 230 and the appropriate role of such a liability shield have become the subject of much debate in recent years," they wrote Tai. "While we take no view on that debate in this letter, we find it inappropriate for the United States to export language mirroring Section 230 while such serious policy discussions are ongoing."

Also Read: Sec. 230, When Policy Becomes Personal

They also want Tai to consult with the committee, which oversees communications issues, before negotiating on these issues in future treaties.

House Speaker Nancy Pelosi (D-Calif.) had tried to get Sec. 230 language scrubbed from the United States-Mexico-Canada Agreement (USMCA) struck under President Trump, but the language remained.

A newly reintroduced bill would resolve the issue of unlicensed spectrum, the currency of cable WiFi hotspots the country over, being undervalued as an economic force by the government. 

The Government Spectrum Valuation Act would require the government to put a value on all its spectrum “if the spectrum were reallocated for the use with the highest potential value of licensed or unlicensed commercial wireless services that do not have access to that spectrum as of the date of the estimate,” the bill said. 

The issue of undervaluing unlicensed spectrum has been a bipartisan one, so there is hope that this time around, with the added emphasis of an Internet of Things world and a rural digital divide that unlicensed can help connect, the bill could finally pass.

Also Read: White House Backs Online Political Ad Disclosures 

In 2015, Rep. Frank Pallone (D-N.J.), then ranking member and now chair of the House Energy & Commerce Committee, pointed out in a spectrum hearing that unlicensed spectrum was a driver of innovation. But even though that spectrum has been calculated to provide a $220 billion annual boost to the economy, Pallone said, the Congressional Budget Office scores freeing it up at “zero,” meaning that while CBO scores auctioning spectrum as worth billions to the treasury, it treats freeing up unlicensed bandwidth as though the government wasn’t getting anything for that valuable spectrum.

NCTA–The Internet & Television Association has estimated WiFi “will generate $995 billion in economic value for the United States in 2021.”

The return of rules against blocking, throttling and paid prioritization is building momentum given that Congress is in the hands of Democrats, most of whom opposed deregulation of internet access, and the FCC is currently being helmed by Democrat Jessica Rosenworcel, who strongly opposed deregulation under the previous chairman.

That could mean the return of rules that internet service providers argue limit their ability to create innovative business models or invest in the buildouts that will help close the digital divide or upgrade service.

Even as the Big Tech content giants like Amazon, Google, Facebook and Twitter have taken up much of the regulatory spotlight, the Democrats’ return to control of the government has brought re-regulating ISPs back into the picture. It’s likely both ISPs and social media companies are in for some tough new oversight.

House Energy & Commerce Committee chairman Rep. Frank Pallone (D-N.J.) said restoring rules, and getting the FCC back in the business of regulating internet access, will be high on his agenda.

“Net neutrality is about more than a prohibition on blocking, throttling and paid prioritization,” Pallone told a virtual audience of competitive carriers and computer companies. “By repealing net neutrality, the Trump FCC abdicated the FCC’s authority over this essential service. That’s not good for consumers or small businesses, for economic production or for free speech. This wrong must be righted.”

Seeing that re-regulatory handwriting on the wall — possibly including mandatory access and rate regulation, given the pandemic’s emphasis on broadband for all — advocates for the old rules have come out in numbers to call for their return.

In a petition for reconsideration from Common Cause, the Benton Institute for Broadband & Society, the National Hispanic Media Coalition, New America’s Open Technology Institute, the United Church of Christ, OC Inc. and Free Press — all of which opposed the FCC's Restoring Internet Freedom order under Trump-era chairman Ajit Pai — called for reimposition of the rules, tying that to the pandemic.

The petition argues deregulation "weakened the FCC’s legal authority to provide low-income households with affordable broadband through the Lifeline program at a time when the COVID-19 pandemic has made the need for connectivity greater than ever."

In a separate petition, competitive carriers and computer companies echoed the call for restoring the rules, but tied it to another hot-button issue: public safety.

The Biden administration has also withdrawn the previous Justice Department’s challenge to a tough new California net-neutrality law, though ISPs continue to challenge the measure, which was adopted in response to the FCC’s RIF deregulation.

Rosenworcel said of that decision: “Washington is listening to the American people, who overwhelmingly support an open internet, and is charting a course to once again make net neutrality the law of the land.” 

As expected, top House Energy & Commerce Committee Democrats sent FCC chairman Ajit Pai and Federal Trade Commission chairman Joseph Simons "pens down" letters Tuesday (Nov. 10), asking them to stop working on "partisan or controversial' items currently under consideration given the outcome of the presidential election, by which they meant Joe Biden's victory still being challenged by President Trump.

“We note that you have previously welcomed calls from congressional leaders for the FCC to ‘halt further action on controversial items during the transition period.’ We hope you will respect this time-honored tradition now," said House Energy and Commerce Committee chairman Rep. Frank Pallone (D-N.J.) and Communications and Technology Subcommittee chairman Mike Doyle (D-Pa.).

In the letter to both Pai and Simons, they should feel free to act quickly on consensus items.

Read More: Blumenthal Threatens Hold on Simington FCC Nomination 

But as for issues like Sec. 230 reform, for example (though they did not specify any controversial items), they said: "With the results of the 2020 presidential election now apparent, leadership of the FCC will undoubtedly be changing. As a traditional part of the peaceful transfer of power—and as part of our oversight responsibilities—we strongly urge the agency to only pursue consensus and administrative matters that are non-partisan for the remainder of your tenure."

The letter came at about the same time that Sen. Richard Blumenthal (D-Conn.) was threatening to block the nomination of Nathan Simington to the FCC unless he recuses himself from any vote on Sec. 230 reform whenever it happens.

Pai has signaled he was going to circulate an item on Sec. 230.

Read More: Simington Takes Center Stage in Hearing 

“I welcome the letter from chairman Pallone and chairman Doyle," said FCC commissioner and likely candidate for chair in a Biden Administration. "Historically, the FCC has honored the transfer of power from one Administration to the next by pausing any controversial activity. I urge FCC chairman Ajit Pai to follow this past practice in order to ensure an orderly transition of agency affairs. I look forward to continuing to work on the routine and consensus matters currently before the agency.”

"As two of my Republican colleagues observed in 2016, it is long-standing Commission practice that, upon a presidential transition, the agency suspends its consideration of any partisan, controversial items until the transition period is complete," said fellow Democratic commissioner Geoffrey Starks. "Our congressional leaders have called for chairman Pai to respect this precedent, and I expect that he will abide by their request.”

The General Accounting Office has questions about the FCC's Universal Service Fund subsidy program and says the commission needs more data so it can measure the USF's effectiveness.

That is according to a report commissioned and released Friday (Oct. 30) by House Energy & Commerce Committee Chairman Frank Pallone (D-N.J.).

"Although the performance goals for the high-cost program reflect principles in the Telecommunications Act of 1996, not all of the goals are expressed in a measurable or quantifiable manner and therefore do not align with leading practices," the GAO report concluded. "Furthermore, FCC’s measures for its performance goals do not always align with leading practices, which call for measures to have linkage with the goal they measure and clarity, objectivity, and measurable targets, among other key attributes....By establishing goals and measures that align with leading practices, FCC can improve the performance information it uses in its decision-making processes about how to allocate the program’s finite resources."

GAO also said the FCC needs to do a better job of reporting on the program's progress toward performance goals.

GAO offered up some recommendations:

1. "The Chairman of FCC should revise the high-cost performance goals so that they are measurable and quantifiable.

2. "The Chairman of FCC should ensure high-cost performance measures align with key attributes of successful performance measures, including ensuring that measures clearly link with performance goals and have specified targets.

3. "The Chairman of FCC should ensure the high-cost performance measure for the goal of minimizing the universal service contribution burden on consumers and businesses takes into account user-fee leading practices, such as equity and sustainability considerations.

4. "The Chairman of FCC should publicly and periodically report on the progress it has made for its high-cost program's performance goals, for example, by including relevant performance information in its Annual Broadband Deployment Report or the USF Monitoring Report."

In their response to the report, the FCC's managing director, Mark Stephens, and Kris Anne Monteith, chief of the Wireline Competition Bureau, said they agreed with those recommendations. They also said that they would recommend that the Commission "revisit the overarching performance measures as part of ongoing and future proceedings" involving the high-cost program, which is the USF fund going to areas where buildouts are too costly to justify private investment. But they added that GAO's characterization of the high-cost fund as the primary reason for the rising contribution factor is incorrect since total spending on the high-cost program has only increased 10% while the contribution factor has increased by 35%.

While the tone of the report was not accusatory, Pallone read the results as an indictment of the FCC's handling of the program under FCC Chairman Ajit Pai.

“I requested this report because I had profound concerns about the Trump FCC’s handling of the Universal Service Fund, and today’s report validates those fears," he said. "GAO has found that the high-cost program has been woefully maintained, with basic governance structures either wholly missing or outdated, effectively being left to rot under Chairman Pai’s leadership.

“This news comes as the FCC pushes out $16 billion in high-cost broadband funding without adequate or accurate broadband maps to guide them – and is doing so over the express objections of Democratic FCC Commissioners.

"It is likely that, as a result, funding will be poorly targeted and wasted, when it could and should be going toward communities in desperate need of connectivity," said Pallone. "Today’s report confirms that Chairman Pai’s FCC has failed to be a proper steward of the Universal Service Fund, and future Commissions will be at a serious disadvantage in closing the digital divide as a result.”

That "RDOF" was a reference to the FCC's launch this week of the Rural Digital Opportunity Fund subsidies.

The Democrat-controlled House Communications Subcommittee has scheduled an FCC oversight hearing for Sept. 17 and if its title, "Trump FCC: Four Years of Lost Opportunities,” is any indication, the FCC commissioners should prepare for some tough questions.

If the title were not sufficient, the joint statement from Communications Subcommittee chairman Mike Doyle (D-Pa.) and parent House Energy & Commerce Committee chairman Frank Pallone (D-N.J.) put an exclamation point on the Democrats' unhappiness.

“After four years, this FCC has failed to make broadband any more affordable for consumers, which has exacerbated the digital divide,” they said. “Worse yet, they have not used all the tools at their disposal to blunt the terrible impact COVID-19 has had on Americans struggling to stay connected to schools, work and needed services. We look forward to questioning the commissioners on these and other issues next week.”

One issue Democrats have is that FCC chairman Ajit Pai has said that the E-rate broadband subsidy for schools can't be used to pay for home broadband service or equipment for students.

Pai has said the Communications Act "expressly limits the FCC's use of E-rate program funding to broadband and other services delivered to school 'classrooms' and libraries. Connectivity and devices supplied to students at home unfortunately do not qualify for E-rate support under the law."

Congressional Dems have countered that his reading of the statute is too narrow and that Congress is OK with him interpreting classroom to mean the new home classroom necessitated by COVID-19.

Pai on Thursday (Sept. 10) praised ISPs for working to extend broadband to more students by offering discount service to schools. 

House Energy & Commerce Committee chairman Rep. Frank Pallone (D-N.J.) took to the House floor Tuesday to talk up the massive Moving Forward Act infrastructure bill, including its $100 billion in funding for broadband buildouts he said will close the digital divide. 

The $1.5 trillion-plus bill would allocate billions to subsidize broadband competition--including from municipal providers--in "underserved" areas, which according to the Dems could mean where service is already provided by private capitol at just short of gig speeds. 

"The pandemic has starkly demonstrated the need to ensure families all across the nation have access to high-speed internet," he told his colleagues according to his prepared remarks. "The Moving Forward Act provides over $100 billion to fund broadband-related programs, which will get us to 100 percent internet coverage. This also includes additional funding for the Lifeline program which helps low-income Americans pay for their internet bills.

"Kids all around the nation need access to broadband to participate in their classes online for the fall and potentially much longer."  

On the Senate side Tuesday, Dr. Anthony Fauci and others were being grilled on just when and how students would be getting their schooling come the fall. 

"This legislation provides $5 billion for mobile hot spots and connected devices to make sure students who don’t have access to these resources at home can effectively engage with remote learning," said Pallone. "We also authorize $12 billion to upgrade our frail 9-1-1 infrastructure for the next generation." 

Energy & Commerce Committee Democrats are asking the FCC to delay its vote on a declaratory ruling, saying not to do so could put American's health and safety at risk.  

The FCC plans to vote on a "5G Upgrade" order next week (June 9) to clarify some of the steps the FCC has taken, championed by commissioner Brendan Carr, to speed tower citing, upgrades, and other elements of wireless network buildouts.  

1. "Clarify when the FCC's 60-day shot clock on localities reviews of a wireless builder's documents.  

2. "Clarify what equipment can go on existing structures.  

3. "Spell out distinctions between concealment elements--having to make a tower look like a tree or a flagpole--and other conditions related to aesthetics, and clarifying that aesthetic conditions can't be enforced "in a way that negates our other rules that promote streamlined approval."  

Looking to delay a vote, the House Democrats invoked COVID-19.  

“We are especially troubled by the burden responding to this Declaratory Ruling will place on local governments that are rightfully focused right now on combating the ongoing coronavirus pandemic,” they wrote. “Likewise, we worry that if this Declaratory Ruling does not benefit from meaningful input from local governments, the result could undermine municipalities’ ability to balance their responsibilities to public safety and community design with their desire to ensure access to affordable wireless networks and the next generation services.” 

But they took the argument even farther: "“If local governments are forced to respond to this Declaratory Ruling instead of focusing on their public health and safety responses, it very well may put Americans health and safety at risk," they said.  

The letter was signed by two dozen committee members, led by full committee chair Frank Pallone (D-N.J.) and Communications Subcommittee chair Mike Doyle (D-Pa.).

That take on the FCC vote was in stark contrast to Republicans, who praised the item.

The House has voted overwhelmingly to approve the bipartisan TRACED Act, a Senate bill (S. 151) that would crack down on unwanted robocalls. The vote was 417-3. 

The bill has already passed the Senate so it now heads to the President's desk. 

Caller ID and spam blocking app Truecaller released a report this week that showed spam robocalls were up fivefold in 2019, up from 7% of spam calls to 35%. 

Among other things, the bill would give the FCC civil fining authority of up to $20,000 per call for those who "intentionally flout" telemarketing restrictions. That could add up given that, by some estimates, spam calls make up over 40% of all calls. It would also extend the statute of limitations for taking action against illegal robocalls from one year to three.  

The bill would help punish bad actors--the FCC could seek financial penalties for misleading calls--and verify good calls, said its backers. It would also require carriers to provide default blocking at no extra cost. 

Related: Cable Ops Oppose Default Robocall-Blocking Mandate 

The compromise bill was introduced last month 

The Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act combines (and reconciles) the TRACED Act, which passed the Senate in May, and the Stopping Bad Robocalls Act, which incorporated five robocall bills, and passed the House in July. 

Specifically, according to Energy & Commerce, the bill:

• "Requires carriers to offer call-authentication technology to consumers and small businesses—in rural and urban America—at no additional charge;
• "Requires opt-in or opt-out robocall blocking be offered at no additional charge to consumers;
• "Gives the Federal Communications Commission (FCC) the ability to step up enforcement actions against unlawful robocalls with a longer statute of limitations and increased fines in certain cases;
• "Pushes the Department of Justice to bring more criminal prosecutions against criminal robocallers;
• "Requires the FCC to work to stop one-ring scams;
• "Helps the FCC and responsible carriers traceback and cutoff suspect phone companies that are responsible for sending vast numbers of unlawful robocalls; and
• "Protects patients, doctors and hospitals from unlawful robocalls."

Rep. Frank Pallone (D-N.J.), chairman of the House Energy & Commerce Committee that has principal oversight of the issue, said the bill provided meaningful solutions and was a great piece of legislation. (The Thune in the bill's name is John Thune [R-S.D]). 

"This is important legislation because unlawful robocalls are not only a nuisance," said Pallone, "they are also undermining our entire phone system and consumers' safety as a result. Too often Americans simply will not pick up their phones, out of fear that a robocall is on the other end of the line."

Rep. Greg Walden (R-Ore.), ranking member of the Energy & Commerce Committee, called it a good bill, though warned that scammers would try to do an end-around carrier efforts to stop them, so it was good that the bill included reports back to Congress on what else might be needed. 

“Here’s why the Pallone-Thune TRACED Act is a massive achievement and a landmark consumer protection bill: It supercharges the technology and traceback tools we know will cut down the illegal robocalls that are hijacking our phones and polluting our communications networks," said USTelecom president Jonathan Spalter. "The robocall battle won’t be won overnight, but today consumers notched a big victory against a determined enemy." 

“Robocalls have been flooding our phones for years, causing many Americans to even stop answering their phones," said NCTA-The Internet & Television Association. "We applaud House passage of the TRACED Act, and commend the bipartisan leadership of Senator Thune and Congressman Pallone for passing legislation that protects consumers from this daily aggravation. The TRACED Act is an important step to help alleviate Illegal robocalls and keep consumers safe from scammers.”

"I applaud the House for passing the Pallone-Thune TRACED Act," said Competitive Carriers Association president Steven K. Berry. "All carriers care about providing their customers with trusted voice communications and I commend Congress for taking steps to implement effective call authentication programs that address this overwhelming consumer complaint."

“ACA Connects is pleased that Congress has reached a bipartisan consensus on legislation to protect consumers from unwanted and illegal robocalls," said ACA Connects President Matt Polka. "ACA Connects members are eager to bring relief to their customers from the torrent of nuisance calls and scams, and to that end," Polka said. "ACA Connects is pleased that the bill takes into account the unique implementation challenges facing smaller providers. With the bill now headed to the Senate, we look forward to continuing to work with all stakeholders to bring an end to the robocalls scourge.”

House Energy & Commerce Committee leadership said Friday that they have come up with bipartisan, bicameral, legislation to combat unwanted robocalls.

The FCC is on the same page and a parallel track with various initiatives and fines for illegal robocalls, but it is one of the key constituent issues on the Hill so legislators want to put their own stake in that turf.

Signing on to the compromise bill are Energy and Commerce Committee Chairman Frank Pallone, Jr. (D-N.J.), Senate Communications Subcommittee Chairman John Thune (R-S.D.), Energy & Commerce Ranking Member Greg Walden (R-Ore.), Sen. Ed Markey (D-Mass.), House Communications Subcommittee Chairman Mike Doyle (D-Pa.), and ranking member Bob Latta (R-Ohio).

Related: Cable Ops Oppose Default Robocall-Blocking Mandate

“Today, we are proud to announce that we have come to an agreement in principle on legislation, the Pallone-Thune TRACED Act, to combat the robocall epidemic that we believe can be signed into law by the President,” they said in a joint statement. “It’s time to put Americans back in charge of their phones. Our agreement will require telephone carriers to verify calls and allow robocalls to be blocked in a consistent and transparent way, all at no extra charge to consumers. The agreement also gives the FCC and law enforcement the ability to quickly go after scammers. We look forward to finalizing the bill text in the coming days.”

The Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act will combine (and reconcile) the TRACED Act, which passed the Senate in May, and the Stopping Bad Robocalls Act, which passed the House in July.

The FCC under chairman Ajit Pai has made cracking down on unwanted calls, that number in the many billions annually, one of his signature issues. That includes clarifying that carriers can block robocalls by default and incentivizing them to add the feature at no extra charge.  

The FCC is under pressure from Congress to help consumers weed out unwanted robocalls--for one thing, legislators keep pointing out that they get such calls during hearings about how to stop them.

“Help is on the way! Thank you to these Congressional leaders for coming together to provide critical new tools to fight back against the robocall criminals scamming consumers and polluting our networks," said USTelecom President Jonathan Spalter. "This is a powerful shot in the arm to our technology driven traceback and verification work and will go a long way in helping take back our phones.”

A pair of powerful Hill Dems from both side of the aisle applauded the FCC for voting Thursday (June 6) to clarify carriers' ability to block robocalls by default--before they reach the customer--but also said they would have preferred that it had also made clear those customers would not be paying for the privilege.

“Today, the FCC made an important new ruling to help protect consumers from robocalls—by allowing carriers to block robocalls, consumers will be free from annoying, unwanted, and potentially fraudulent calls," said Minnesota Senator and Democratic presidential candidate Amy Klobuchar. "While this is a promising step, we still must make sure we are protecting consumers’ choice and ensuring that the price of using these call-blocking technologies does not pass to the consumers. That’s why I’ve supported bills like the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act, bipartisan legislation that gives regulators more time to find scammers, increases civil forfeiture penalties, and promotes call authentication and blocking adoption.”

Related: Senate Bulks Up Robocall Fining Authority

“I’m glad the FCC took action to allow more blocking of robocalls, but I’m disappointed the Commission’s ruling doesn’t ensure consumers don’t foot the bill for stopping these calls," said Rep. Frank Pallone (D-N.J.). "Consumers should not have to pay one cent more of their hard-earned money to get rid of these illegal and unwanted calls," he said, adding: "The Committee will markup consumer-focused legislation soon to stop the robocall epidemic.”

Both FCC Democrats--Jessica Rosenworcel and Geoffrey Starks--voted in favor or the item  but dissented in part because it did not make the service free.

Legislators were familiarly split along party lines by the FCC's vote Thursday to launch a rulemaking to roll back classification of ISPs as common carriers subject to access and, at least potentially, rate regs.

Democrats had been pushing back hard against the vote, saying it should be delayed or abandoned, while Republicans have praised Republican FCC chair Ajit Pai for wanting to review the 2015 Open Internet rules and reverse Title II.

The issue may wind up in Congress anyway, where Pai has said he would be glad to get some regulatory clarity about the FCC's broadband regulatory authority. But in the meantime the legislators weighed in on the FCC's much-heralded--and raspberried--move.

Related: Time for Congress to Act on Net Neutrality (MCN Guest Blog)

Sen. Majority Leader Mitch McConnell (R-Ky.) took to the Senate floor Thursday morning (May 18) to praise the vote.

He said the wonders of the Internet did not grow out of regulation and bureaucracy, but of a "bipartisan consensus" that there should be a "light regulatory touch."

He said that changed under the Obama Administration, when the 'net was regulated under "antiquated" "rotary phone" regs.

"We finally have an FCC chairman who recognizes that we live in an entirely new era," he said, pointing to Thursday's vote and including Republican Commissioner Michael O'Rielly in his shout-out for the vote, which he called "the first, necessary step to address a deeply flawed Obama era dictate."

He said he wanted to commend Pai for taking that "preliminary step," which he also said would "open the door to bipartisan congressional action."

“Today the FCC took an important step to roll back the Obama administration’s efforts to subject the internet to heavy-handed government regulation," said House Communications Subcommittee Chairman Marsha Blackburn (R-Tenn.). "Now the public has the opportunity to weigh in on the FCC’s proposed rule before the FCC begins to draft their final order,” said Chairman Blackburn. “I remain hopeful that Republicans and Democrats, internet service providers, edge providers and the internet

community as a whole can come together and work towards a solution. I thank Chairman Pai and Commissioner O’Reilly for their leadership to begin rolling back this Depression-era, utility-style regulatory structure for the internet.”

Sen. Brian Schatz (D-Hawaii), ranking member of the Communications Subcommittee, saw it much differently.

“While Chairman Pai seems to have made his decision to get rid of these rules before starting the proceedings in earnest, he has an obligation to keep an open mind in this process, and take seriously the comments from the public. I plan to hold him to that obligation—to make sure that the people who weigh in are heard, as they should be.

“This fight is just starting. Just like in 2014, the public now has the opportunity to stand up, be heard, and influence the outcome. It will take millions people standing up, just like they did before, to say that the internet needs to stay free and open. That’s what it will take to win.”

Energy and Commerce Ranking Member Frank Pallone, Jr. (D-N.J.) was on the same page.

“Today, President Trump’s FCC took the first step to dismantle net neutrality," he said. "This action will undermine the free and open internet and hand its control over to a few powerful corporate interests. So far, more than two million comments have been filed with the FCC, but the agency seems to be covering its ears and moving forward with this misguided approach. That leaves the American people with only one option: get louder.”

“Today, FCC Chairman Ajit Pai began the wrecking process to overturn net neutrality, demonstrating that he is on the wrong side of history, consumers and the public interest," said Rep. Anna Eshoo (D-Calif.), former ranking of the House Communications Subcommittee. "The approval of the NPRM at the FCC begins the process to remove rules that advance competition, innovation, small businesses and entrepreneurs. This reversal will benefit the interests of the largest Internet Service Providers (ISPs) and is a significant loss for consumers.

“Three years ago, The American people spoke loudly and clearly in support of rules to protect free speech and online commerce from the powerful grip of corporate gatekeepers. As the public comment process begins, the American people again have the opportunity to make their voices heard.”

“Make no mistake: the FCC just took a major step toward destroying the internet as we know it, putting the interests of a handful of giant corporations like Comcast and Verizon ahead of the American people,” said Sen. Al Franken (D-Minn.). “For as long as the internet has existed, it's been grounded on the principle of net neutrality—meaning what you read, see, or watch on the internet shouldn't be favored, blocked, or slowed down based on where that content is coming from. Net neutrality allows Minnesota’s small businesses to compete with the big guys, it drives innovation by putting entrepreneurs on the same playing field with large companies, and it protects Americans’ free speech. The truth is there's no good reason to get rid of strong net neutrality protections, unless you want to give giant companies the power to shake-down consumers and small businesses even more by establishing fast and slow lanes.

"This is a terrible idea, and it’s never been more important for us mobilize and fight back to stop the FCC—and the large corporations who are behind this attack—from destroying the free and open internet that all Americans deserve.”

“Instead of preserving a free and open internet, Chairman Pai and the Trump FCC are taking steps to restrict innovation, economic growth and democratic expression by voting to roll back net neutrality rules," said Sen. Ed Markey (D-Mass.), one of the strongest voices for Title II-based regs.

“This attack on net neutrality is just one piece of the Republicans’ effort to dismantle the basic protections safeguarding American families. Instead of protecting our privacy, our health care, our environment, or our access to a free and open internet, the Republicans want to hand that power over to big corporations that don’t care about consumers’ rights. These companies have only one concern – their bottom line.

“More than one million comments have already been submitted to the FCC, and the movement to defend net neutrality will not stop. I will continue to oppose any regulatory efforts by Chairman Pai to undo or roll back the Open Internet Order. And I will oppose any legislative efforts that weaken or undermine the Open Internet Order.”

“Instead of preserving a free and open internet, Chairman Pai and the Trump FCC are taking steps to restrict innovation, economic growth and democratic expression by voting to roll back net neutrality rules," said Sen. Ed Markey (D-Mass.), one of the strongest voices for Title II-based regs.

“This attack on net neutrality is just one piece of the Republicans’ effort to dismantle the basic protections safeguarding American families. Instead of protecting our privacy, our health care, our environment, or our access to a free and open internet, the Republicans want to hand that power over to big corporations that don’t care about consumers’ rights. These companies have only one concern – their bottom line.

“More than one million comments have already been submitted to the FCC, and the movement to defend net neutrality will not stop. I will continue to oppose any regulatory efforts by Chairman Pai to undo or roll back the Open Internet Order. And I will oppose any legislative efforts that weaken or undermine the Open Internet Order.”

“Today, the Trump FCC began a process to dismantle the rules that protect and enable the Internet as we know it.  This action is profoundly anti-competitive, anti-innovation, and anti-consumer," said Rep. Mike Doyle (D-Pa.), ranking member of the House Communications Subcommittee. "Already, 2.1 million comments have been filed overwhelming opposing eliminating these rules.  

“Three years ago, 3.7 million people and a broad array of startups, internet companies, and stakeholders called on the FCC to put in place enforceable rules to protect the innovation economy. They did and those open internet rules have worked.”  

“I am opposed to what the FCC is doing in gutting its net neutrality rules. If you use and enjoy Amazon, Netflix, Etsy, Snap, or so many other innovative services online, you benefit from these rules. I for one enjoy and want an open Internet that gives me a broad range of choices - and promotes new competitive and innovative services - and I will continue to fight to achieve that end.”  

House Energy & Commerce Committee Democrats have introduced a quintet of tech-related, particularly broadband tech-related, bills that would, among other things, help displaced workers get broadband for re-training, address the "homework gap," better target broadband subsidies, and boost tribal access.

“Broadband offers more opportunities for more people—whether it’s getting a better education, applying for new jobs, or training for a new career,” said Rep. Frank Pallone (D-N.J.) ranking member of the committee. "Expanding broadband to places without access attracts new businesses and new opportunities.  At a time when so many Americans are feeling uncertainty in their lives, we have a responsibility to help.  These bills from Democratic members of our committee will provide a better chance for those who need it most.”

That comes as Republican FCC Chairman Ajit Pai has said he plans to focus on closing the digital divide, though Democrats are skeptical given his early moves to rescind Lifeline accreditation from nine companies and a report touting the advances of the low-income broadband subsidy under Pai's predecessor.

The 21st Century Worker Opportunity Act (Debbie Dingell [D-Mich.]) would give workers "displaced by automation" a credit toward broadband service for job retraining and distance learning; The Innovation Corps Act of 2017 would (Doris Matsui [D-Calif.]) would provide grants for that retraining and forgive a portion of debt of recent grads who would help with that retraining; The Wi-Fi Capable Mobile Devices Act (Peter Welch [D-Vt.]) would allow low-income students to use a parent's Lifeline connection for homework by accessing it through a Wi-Fi connection using unlicensed spectrum; The Rural Wireless Act (Dave Loebsack [D-Iowa]) would require the FCC to use "more reliable" data when determining where to spend on increased deployment; and The Tribal Digital Access Act (Rep. Raul Ruiz [D-Calif.]), would add "Indian Country" to the definition of areas eligible for Universal Service Fund Lifeline support.

It remains to be seen how far the bills get in a Congress controlled by Republicans with their own ideas about how to deploy broadband and spend federal subsidy dollars.

The Competitive Carriers Association applauded Loebsack's Rural Wireless Access Act.

“I applaud Rep. Loebsack for introducing the Rural Wireless Access Act,” said CCA President Steven K. Berry. “There certainly is a need to improve current data collection methods, as the FCC unfortunately has been relying on inconsistent and inaccurate data when identifying areas with little or no mobile broadband service.  There is currently no standard benchmarking for data collection to ensure usable signal strength.  This is particularly important for rural areas, where the largest carriers appear to overstate their advertised coverage to the detriment of consumers that live and work there and the carriers that serve these hard-to-reach locations.”

House Energy & Commerce Committee ranking member Frank Pallone (D-N.J.) slammed Republicans Monday (Dec. 12) for not voting on the re-confirmation of FCC Democratic Commissioner Jessica Rosenworcel.

“Over the weekend, Senate Republicans turned their backs on consumers by failing to reconfirm FCC Commissioner Jessica Rosenworcel for a second term," Pallone said.

The Senate exited without holding that vote, which was the decision of Majority Leader Mitch McConnell (R-Ky.).

"Her integrity and advocacy has helped shape the Commission’s work over the past four years,” said Pallone.  “Commissioner Rosenworcel has been a champion for hard-working Americans, including schoolchildren at risk of falling into the ‘homework gap.’  Her tireless efforts to protect consumers and lift up those in need exemplifies the type of first-rate public servant that Americans deserve.”

There is still a theoretical possibility she could be voted in one of the pro forma sessions being held between now and the new Congress to present recess appointments, but that is considered the longest of long shots given that it would have to be unanimous.

She could also leave and be re-nominated, but that is also a long shot.

WASHINGTON — Rep. Bob Goodlatte (R-Va.) has been reelected by the House Republican Caucus to chair the House Judiciary Committee.

The committee oversees some communications issues, particularly related to copyright and intellectual property, splitting oversight with the House Energy & Commerce Committee, whose new chair is Rep. Greg Walden (R-Ore.). Outgoing E&C chair Fred Upton (R-Mich.) was term-limited.

“Chairman Goodlatte has been a steady hand guiding the House Judiciary Committee through some of Congress’s most intricate and complex legislation," said fellow committee member Rep. Jim Sensenbrenner (R-Wisc.). “Under his strong leadership, the Committee has pursued an ambitious agenda, accomplishing significant, bipartisan legislative achievements. I look forward to working with him and the Committee in the new Congress.”

In other committee election news, as legislators pick leadership for the new Congress seated in January, Rep. Frank Pallone (D-N.J.) was unanimously elected by his Democratic colleagues to remain ranking member of the House Energy & Commerce Committee.

“I’m honored that my Democratic colleagues have once again elected me to serve as the Ranking Member of the Energy and Commerce Committee,” Pallone said in a statement. “As we prepare for a new Congress and the new Trump administration, I’m committed to working with all of my House colleagues to develop and push policies that will help build a stronger economy, create more good-paying jobs and protect consumers.