Republican leaders on the powerful Energy & Commerce Committee have officially written to complain to the White House about what they say are its attempts "to pressure private companies like Twitter and Facebook to censor certain speech or silence individuals." They want the Biden Administration to provide the committee with its communications with Big Tech.

That came after the release of some communications showing the White House sought to have what it considered disinformation removed from social media platforms.

The Republicans saw it differently. "The information revealed shows how quick Big Tech is to censor Americans to appease their Democrat allies in the White House," they told the White House.

Also: White House Issues Core Principles for Big Tech Reform

The Republicans first gave a copy of the letter seeking those communications to the New York Post, which is co-owned with Fox News, whose commentators have been critical of the Administration efforts to either crack down on misinformation and disinformation, as Democrats see it, or censor conservative critics, as Republicans allege.

"We know that administration officials and federal bureaucrats requested these companies to censor legitimate news stories and public discourse regarding the COVID-19 pandemic under the guise of combating misinformation, disinformation, and election interference," they wrote the White House Tuesday (Sept 13).

The "they" are Reps. Cathy McMorris Rodgers, ranking member of the committee, Bob Latta, ranking member on the Communications Subcommittee, and Gus Bilirakis, ranking member of the Consumer Protection Subcommittee.

Those legislators cited as an example what they said was Facebook's admission it has restricted access to apparent disinformation at the behest of the FBI, that information being related to the Hunter Biden laptop story they say Democrats and the media have downplayed for political reasons.

They also pointed to meetings between Twitter and White House officials over the speech of a conservative user of their platforms.

Those examples came following efforts by the attorneys general of Louisiana and Missouri to get access to communications between the White House and social media. While they got some info, they are seeking more and the legislators want to provide some backup, asking the White House to retain and provide communications to the Committee, including related to COVID-19 conversations with employees of Facebook.

"Administration officials have previously described conservative users as their political enemies, and we have previously expressed our concern that the administration’s recent actions could lead private companies to censor conservatives due to increased White House pressure," the legislators wrote.

They want a response from the White House by Sept. 26. ■

Senate and House Republicans have advised the Biden Administration not to put any network neutrality conditions on the tens of billions of dollars in broadband subsidies being overseen by the National Telecommunications & Information Administration (NTIA), the President's chief communications policy adviser.

They also don't want NTIA to favor any particular broadband delivery system.

That is according to a letter to NTIA administrator Alan Davidson from the ranking members of the Senate Commerce and House Energy & Commerce Committees, which have principal jurisdiction over broadband issues, outlining their priorities for broadband subsidies in the Infrastructure Investment and Jobs Act (IIJA).

While the Democrats still control the House and Senate and so trump Republicans' broadband deployment wish list for the moment, the midterms could conceivably flip that script.

Also: White House Issues State Guide to Broadband Billions

Those Republican priorities are: 1) use the FCC's new and improved broadband maps when it produces them, rather than use other data sources as a substitute; 2) avoid overbuilding, 3) "provide an equal opportunity for all broadband providers to compete for grants by not prioritizing municipal networks or networks run by nonprofits or cooperatives, and not favoring certain broadband technologies over others" (fiber is a Biden Administration favorite, for example); 4) avoid what they call "unnecessary requirements," which include net neutrality, "burdensome" labor regulations and rate regulation; and 5) allow public input and review of agency decisions.

Among the NTIA's stated priorities are affordable, equitable and high quality broadband service for all.

Congress provided $65 billion in the IIJA for broadband infrastructure. NTIA is overseeing $48.2 billion of that, mostly going to states via the Broadband Equity, Access, and Deployment (BEAD) program.

Republican leaders have conceded that NTIA will have to put some conditions on broadband providers receiving the money to make sure they have the financial and technical capacity to deliver on their promises. But they also have said that putting net neutrality or other "unnecessary" requirements on them would "go beyond the scope of congressional intent, could raise the monthly cost of broadband service, and could discourage participation from providers, undermining the success of the BEAD program and harming consumers."

Instead, they said, NTIA should work with states to reduce regulatory "burdens." And while they said affordability is also an important factor, that can be achieved through the current requirement that BEAD recipients offer a low-cost option and not through some form of rate regulation. While NTIA is prevented by law from directly regulating rates, it could make state regulation a condition and Republicans said that should not happen. Nor should NTIA use its authority to approve -- or reject -- a low-cost option as indirect rate regulation. ▪️

Republican leaders of the Senate and House committees overseeing communications, who always have their antennas up for waste, fraud and abuse in government funding programs, want some answers from FCC chair Jessica Rosenworcel after the FCC's inspector general found that some broadband providers were fraudulently enrolling households in the Emergency Broadband Benefit (EBB) program.

They suggested it was the latest evidence the FCC may not be able to handle overseeing such subsidies and want information like the names of the carriers, if the FCC has them, and what the FCC is going to do to them.

EBB is the $3.2 billion broadband subsidy for low-income residents coping with COVID-19 that was made permanent in the Infrastructure Investment and Jobs Act, the Republicans point out, and given an added infusion of $14 billion via the Affordable Connectivity Program.

"We are troubled to learn that fraud and abuse was discovered in the EBB program," they wrote Rosenworcel in a letter, a copy of which was supplied to Next TV. "The FCC needs to make improvements to prevent further fraud and abuse in this program, particularly as the agency considers changes to transition the EBB to the Affordable Connectivity Program (ACP)," the legislators wrote, adding: "This is not the first time a federal watchdog has found waste, fraud, and abuse in an FCC program. In 2017, the GAO stated that it could not verify the eligibility of 1.2 million Lifeline subscribers, and a potential annual subsidy amount of $1.2 million could have resulted from potentially ineligible or fictitious individuals receiving Lifeline benefits."

They also pointed to a 2020 GAO report that the FCC's oversight of the E-Rate schools and libraries subsidy program was “insufficient…to identify potential fraud risks.”

They said, put together, it raises "serious doubts" about "the FCC’s ability to oversee and manage its programs."

Sending the letter to Rosenworcel were Sens. Roger Wicker (R-Miss.), ranking member of the Senate Commerce Committee; John Thune (R-S.D.), ranking member of the Communications Subcommittee; as well as Reps. Cathy McMorris Rodgers (R- Wash.), ranking member of the House Energy & Commerce Committee; and Bob Latta (R-Ohio), ranking member of the Communications Subcommittee.

Last month, the FCC warned the public -- as well as EBB providers -- of enrollment abuses it has uncovered, though it did not identify any carriers involved.

Back in October, the Federal Trade Commission warned of potential scamming against the $3.2 billion program, which the FCC stood up last February, saying specifically that providers were enrolling EBB households based on school participation in the USDA's National School Lunch Program Community Eligibility Provision (CEP) in number that "vastly" exceeded the students actually enrolled.

The program offers up to a $50-per-month subsidy for eligible households (up to $75 on tribal lands) and up to a one-time $100 toward a computer or tablet until the money is expended. ■

Republican legislators are telling the Biden Administration to move more quickly to block Chinese telecom Huawei's access to U.S. tech saying "poorly enforced regulations carry neither the force of law nor the respect of the private sector."

Huawei's tech was deemed by the Commerce Department (and the FCC) to be a national security threat. The FCC banned the use of Huawei in U.S. networks subsidized with government funds and Commerce put the company on its Entity List of companies that U.S. tech companies are prohibited from supplying.

Also: Commerce Expands Huawei Restrictions

But in a letter to Commerce Secretary Gina Raimondo, Sens. Roger Wicker (R-Miss.), ranking member of the Senate Commerce Committee, and others they said the Administration needed to move quickly to prevent unlawful shipments of prohibited products to Huawei and other on the Entity List. They also said the Bureau of Industry Security needs to have the muscle to enforce Commerce export controls.

The letter follows a report from Senate minority (Republican) staffers that concluded Huawei was still getting access to U.S. made hard drives it should have been prohibited from securing.

“The Commerce Department’s lax enforcement of this rule has the effect of incentivizing other tech-focused companies throughout the supply chain to jeopardize our country’s security by transacting with Entity List companies like Huawei,” they told Raimondo.

Also signing on to the letter were Sens. Ted Cruz (R-Texas), Jerry Moran (R-Kan.), Marsha Blackburn (R-Tenn.), Todd Young (R-Ind.), Rick Scott (R-Fla.), Cynthia Lummis (R-Wyo.), and Tom Cotton (R-Ark.). ■

Republicans are officially challenged President Biden's executive order mandating that all companies above a certain size, which includes many media operations, must either require that their employees be fully vaccinated or submit to weekly testing by the beginning of next year.

That's according to Sen. Mike Braun, the junior senator from Indiana and ranking member of the Senate Health Subcommittee on Employment and Workplace Safety, who said all 49 Republicans will be filing a formal resolution of disapproval to the President's vaccine/test mandate under the Congressional Review Act (CRA), which allows Congress to overturn some agency decisions or actions--as the Republicans did with the FCC's online privacy decision, which it was able to overturn when they had a majority. It will be tougher this time since they need some Democratic or independent help.

Media companies with more than 100 employees (along with other companies of that size) must ensure that all their employees have been fully vaccinated for COVID-19 or submit to weekly testing by Jan. 4, Occupational Safety and Health Administration (OSHA) said earlier this month, making clear that mandate pre-empts any state laws that say differently. 

Braun said the CRA challenge is guaranteed a vote in the Senate as early as early December.

"Republicans are united against President Biden’s vaccine-or-test mandate for businesses, but this federal overreach is not a partisan issue, and the consequences of this mandate are affecting Americans in all 50 states," said Braun.

Media companies have already been starting to prepare their employees for the vaccine or test mandate. ■

House Republicans have fired a shot across the net neutrality regulation bow before that ship has sailed.

According to a copy of a letter to FCC acting chair Jessica Rosenworcel provided to Multichannel News, Energy & Commerce Committee ranking member Cathy McMorris Rodgers (R-Wash.) and Communications Subcommittee ranking member Bob Latta (R-Ohio), joined by the Republican E&C members, warned against imposing "stringent net neutrality regulations" that could result in subs "losing their internet offerings."

The FCC under Rosenworcel has already signaled a possible different outcome as it considers petitions to reconsider the deregulation of internet access under the previous administration.

Citing the pandemic, they said broadband providers had responded by improving networks and offering free or reduced price services, adding "[W]e urge you not to impose stringent net neutrality regulations that may result in Americans losing their internet services."

The suggestion that internet regulation could cost customers service is a reference to what they say was California's "bungled" attempt to reregulate internet access after the Republican-led FCC--under chairman Ajit Pai--reclassified that access as a Title I information service not subject to common carrier regs and eliminated the rules against blocking, throttling and paid prioritization imposed by his Democratic predecessor.

"Almost immediately after California enforced this law, two Internet providers reportedly told the Department of Veterans Affairs (VA) that the law could force them to end [zero rating] arrangements with U.S. wireless carriers that enable veterans to access a free, mobile telehealth app called VA Video Connect," they wrote. Zero rating opponents Free Press countered that the claim was "premature, cynically opportunistic" and an attempt to "scare the Biden FCC from reinstating the federal rules and reclassifying broadband as a telecommunications service — which common sense dictates it is."

They called out Rosenworcel for applauding the Biden Justice Department's decision to pull the plug on the Trump Administration's lawsuit against the California law, a law Rosenworcel said had filled the void created by the Pai FCC's net neutrality deregulation, which Rosenworcel had strongly opposed. "There was no void to fill, as oversight by the Federal Trade Commission, DOJ, and state attorneys general ensured that ISPs would fulfill their promises not to block or throttle traffic or otherwise engage in anticompetitive conduct."

While Rodgers and Latta said they agree that blocking, throttling and anticompetitive behavior should be prevented, they said that can happen with burdensome overregulation, both from the FCC and from states.

Whoever becomes the FCC chair, Rosenworcel or another Biden pick, they are expected to restore net neutrality rules. Republicans are OK with that, but not with doing so by reclassifying internet access as a Title II service subject to mandatory access and potentially rate regulation.

Also Read: Net Neutrality Remand Draws Crowd

But in any case, no action by the FCC can happen until a third Democrat is nominated and confirmed. At the moment it is a political tie, 2-2, and neither Republican is going to be voting to reclassify ISPs as common carriers.

The Biden Administration's COVID-19-related broadband subsidy programs have signaled that the definition of broadband availability should include competition and price, which has Republicans fearing that Title II could be used to justify regulating price or opening networks to competitors.

Sen. Mark Warner (D-Va.), co-chairman of the Senate Intelligence Committee that investigated Russian election meddling, took issue with the Commerce Committee's hearing with Big Tech CEOs Wednesday (Oct. 28).

He joined a growing chorus of Democrats on that Commerce Committee who, during that hearing, branded it a sham and an attempt by Republicans to aid the President's re-election disinformation efforts.

Warner, himself a former tech exec, called the hearing "a cudgel to cow the platforms into continued inaction regarding efforts to manipulate their services six days ahead of the election.”

Warner accused his Republican colleagues of joining the Trump Administration in a "cynical and concerted effort to bully platforms into allowing dark money groups, right-wing militias and even the President himself to continue to exploit social media platforms to sow disinformation, engage in targeted harassment, and suppress voter participation.

"We can and should have a conversation about Section 230 – and the ways in which it has enabled platforms to turn a blind eye as their platforms are used to facilitate discrimination and civil rights violations, enable domestic terrorist groups to organize violence in plain sight, assist in stalking and networked harassment campaigns, and enable online frauds targeted at vulnerable users," he said, but signaled Wednesday's hearing was not that conversation.

Republicans have introduced a bill that would boost 5G by requiring the FCC to auction midband spectrum in the 3.45-3.55 GHz band by December 2021.

Related; DOD Agrees to Share Some Midband Spectrum

The bill, the Beat China By Harnessing Important, National Airwaves for 5G Act of 2020, or the Beat CHINA for 5G Act of 2020, was introduced by Sens. Roger Wicker (R-Miss), chairman of the Senate Commerce Committee; and John Thune (R-S.D.), chairman of the Communications Subcommittee; and in the House by Reps. Greg Walden (R-Ore.), ranking member of the House Energy & Commerce Committee; Brett Guthrie (R-Ky.), ranking member of the Oversight Subcommittee; and Bob Latta (R-Ohio), ranking member of the Communications Subcommittee.

“It is essential for the U.S. to win the race to 5G against China, and we need to unleash critical mid-band spectrum to get us there," the legislators said in unveiling the bill. "Freeing up the 3.45-3.55 GHz band for commercial use will propel U.S. innovation in deploying next generation technology, expanding the Internet of Things, closing the digital divide, increasing internet access for schools and students, and improving connectivity across communities."

In 2018, the National Telecommunications & Information Administration (NTIA) identified the 3.45-3.55 band as a candidate for repurposing and concluded that the band could be shared.

The White House has already said that 100 MHz of the band can be shared and the FCC is already working on making that happen.

But the bill would require government users in the entire band to either share or move out so that flexible-use services could move in.

Tim McKone, EVP of federal relations at AT&T signaled the bill was the right way to win the race to 5G, rather than the nationalized network the Defense Department has been considering.

“This legislation follows a letter signed last week by 19 senators who expressed concerns about deviating from the proven path of auction and private sector-led 5G deployment," said McKone. "Consistent with these views in Congress, the Administration should continue with this successful and established model to ensure that the U.S. can continue to lead the world in 5G, bringing consumers and businesses the robust mobile connectivity they demand.”

“The Beat CHINA for 5G Act rightfully focuses on the critical importance of private-sector solutions and auctioning commercial spectrum that will preserve the U.S. as the leader in 5G," said CTIA SVP Kelly Cole, who applauded the legislators behind the bill. "Quickly bringing the 3.45-3.55 GHz band to auction is critical to fueling our transition to a 5G economy, and this legislation recognizes the urgent need to put this valuable resource to its best and most efficient use.”

"Licensed mid-band spectrum is an essential component for the widespread deployment of 5G throughout the United States. At this moment, however, the U.S. is woefully behind its global rivals in the amount of spectrum available," said Verizon SVP Robert Fisher. “This legislation would go a long way to closing this gap by reinforcing the White House and Department of Defense’s decisive action this past August to transition the mid-band frequencies between 3450-3550 MHz to commercial 5G deployment by December 2021."

House Energy & Commerce Committee Republicans are applauding the UK's decision to exclude technology form Chinese telecom Huawei from their 5G networks. 

The country had pondered pushing such tech to the edges where it would be less of a security issue, but instead said it needed to exclude it after the U.S. decided not to allow its chips to be supplied to Huawei. 

Related: UK Bans Huawei from 5G Network

The U.S. government has concluded that it will not allow broadband subsidy money to be used for network buildouts with Huawei tech and will likely fund a rip-and-replace program to weed out existing tech. 

After the UK announced its ban, House Energy & Commerce Committee ranking member Greg Walden (R-Ore.), Communications Subcommittee ranking member Bob Latta (R-Ohio), and Oversight Subcommittee ranking member Brett Guthrie (R-Ky.) said that China will "stop at nothing" to dominate in tech and that the pandemic has put an exclamation point on the need to secure supply chains and networks. 

“The U.S. has taken unprecedented steps to ensure U.S. leadership in wireless and emerging technologies and to hold China and other bad actors accountable for their continued efforts to compromise the security of our networks," they said. 

Related: FCC to Declare Suspect Tech Item Fills Hill Bill

That includes moves by both the FCC and Congress to exclude suspect tech from the Universal Service Fund broadband subsidy program, as well as Congress' decision to exclude them from government contracts and the Trump Administration decision to put Huawei and ZTE on the list of companies considered national security threats, which means U.S. chip makers can't supply them.   

Related: FCC Seeks Input on Excluding Foreign Tech 

"Our nation’s leadership has proven important today with the U.K.’s announcement to ban Huawei from its networks, and we encourage other countries to follow suit," the legislators said. "We applaud this decision by the U.K, and must continue our efforts to remain a global leader on the world stage and work with our allies on shared goals." 

A just-introduced package of Republican-backed broadband bills drew a crowd in Washington Thursday (June 25). 

Given that the bills would streamline wireless broadband infrastructure tower siting, it was no surprise that FCC Commissioner Brendan Carr gave it a hand. Carr was deputized by FCC Chairman Ajit Pai to oversee the FCC efforts at such streamlining as part of Pai's media modernization deregulatory initiative. 

Related: FCC Clarifies Wireless Buildout Streaming Rules 

“The Republican Members of the House Energy and Commerce Committee have put together a smart and comprehensive set of infrastructure reforms,” said Carr. “Their thoughtful reforms would bring families across the digital divide and further extend America’s leadership in 5G by helping to accelerate the build out of high-speed Internet services. Their ideas, including legislation that would tackle the permitting delays that persist for Internet builds on federal lands, would make an immediate difference for rural communities across the country." 

There are most of a dozen bills targeting buildouts on federal lands as part of the Republican package, though its prospects in a Democrat-controlled House are problematic.  

USTelecom, which represents the major telecom ISPs, was equally pleased. 

“Representatives [Greg] Walden, [Bob] Latta and members of the Energy and Commerce committee are right to focus on the role outdated regulations, slow approvals and rights-of-way disputes play in holding back broadband construction and deployment," said President Jonathan Spalter. "Too often our network innovators bump into red tape and rules that make these essential infrastructure projects slower, more expensive or nearly impossible. That doesn’t help consumers, especially those in corners of the country that need – and deserve – 21st century connectivity.” 

“I welcome further efforts from Congress to close the digital divide and expand wireless broadband services, and thank Republican Leaders Walden and Latta for their work to produce this comprehensive legislative package," said Competitive Carriers Association President Steven K. Berry. "Promoting new infrastructure deployment by reducing unnecessary barriers, clarifying federal, state, and local zoning authorities, and fostering competition will result in a win-win-win for consumers, industry, and the economy. At a time when consumers are relying on mobile broadband services more than ever before, it is a real positive that policymakers are focused on ensuring broadband can be deployed in unserved and underserved areas. I thank the Members for their work on these important issues, and CCA stands ready to work with Congress to keep moving forward.” 

House and Senate Republican leaders have drawn up their own plan for closing the digital divide in the age of COVID-19. 

Senate Commerce Committee chairman Roger Wicker (R-Miss.) and House Energy & Commerce Committee ranking member Greg Walden (R-Ore.) describe it as a foundation for legislative action related to the COVID-19 economic recovery. 

In the process, they said, the proposals would "modernize the nation’s communications infrastructure, allow all Americans to participate in the digital economy, and enhance U.S. network security, reliability, and resiliency." 

According to its backers framework would include 1) authorizing funding for the FCC to complete accurate broadband mapping efforts, something FCC chair Ajit Pai has been calling for; 2) making sure students have access to broadband, 3) making sure those having trouble paying for broadband can still get it, 4) promoting digital equity; and 5) helping carriers "working tirelessly to to keep Americans connected" during the pandemic. 

The bill would also put Congress' imprimatur on FCC efforts to streamlining telecom infrastructure and equipment permitting processes and make sure the FCC's telehealth program--which got a $200 million infusion in the CARES Act--has the necessary resources to make sure health care providers can treat patients remotely. 

“The coronavirus pandemic has made expanding access to broadband even more urgent,” said Wicker. “This framework would support the delivery of these services by fostering investment, promoting broadband deployment, and enhancing network security and resiliency. I thank Ranking Member Walden for working with me to help expand reliable broadband connection to all Americans.” 

“Before the COVID-19 pandemic, 21 million Americans did not have access to broadband services. The need to deploy broadband, bridge the digital divide, and close the homework gap have been highlighted during the COVID-19 pandemic as Americans work, learn, and receive health care from their homes,” said Walden. “I am proud to work with Chairman Wicker on a bicameral broadband and digital equity framework that will make meaningful strides toward expanding access to vital broadband services, securing networks, and closing the digital divide for all Americans."

Sen. Josh Hawley (R-Mo.) and some of his Republican colleagues are looking to put legislative muscle behind President Trump's effort to regulate how social media sites treat third party content, even likening it to fighting discriminatory policing, an issue much in the news. 

Related: GOP Senators Seek FCC Input on Sec. 230 

Along with Sens. Marco Rubio (R-Fla.), Mike Braun (R-Ind.) and Tom Cotton (R-Ark.), he has introduced a bill that would would effectively eliminate a web site's Sec. 230 immunity from civil liability by eliminating it unless they "update their terms of service to promise to operate in good faith." They would also agree to pay attorneys fees and $5,000 to each Web site user if it was proved they had violated that promise, which for some Big Tech giants would amount to billions of dollars. 

Hawley has been one of the sharpest critics of Sec. 230, as well as Big Tech in general. 

Specifically under the bill: 

1. "Users could sue the major Big Tech companies for breaching their contractual duty of good faith; 

2. "The duty of good faith would contractually prohibit Big Tech from: Discriminating when enforcing the terms of service they write (just like police and prosecutors are not supposed to discriminate when enforcing the law); "Failing to honor their promises; 

3. "Big Tech companies who breach their duty of good faith would have to pay $5,000 plus attorney’s fees to each user who prevails." 

“For too long, Big Tech companies like Twitter, Google and Facebook have used their power to silence political speech from conservatives without any recourse for users," said Hawley. "Section 230 has been stretched and rewritten by courts to give these companies outlandish power over speech without accountability. Congress should act to ensure bad actors are not given a free pass to censor and silence their opponents.” 

Related: Trump Threatens to Shut Down Social Media 

President Trump, targeting what he has long said was social media's attempt to suppress conservative speech, last month issued "Executive Order on Preventing Online Censorship," which mandates that Commerce's National Telecommunications & Information Administration ask the FCC to come up with a framework for exempting censorship of political speech from that so-called Sec. 230 exemption.  

The President even threatened to "close down" Twitter over its perceived anti-conservative bias after the site put a fact check label on his tweets about absentee ballots and obscured another about shooting protesters for inciting violence.

House Energy & Commerce Committee Republican leaders are urging their colleagues to fully fund the FCC's congressional mandate to collect better broadband deployment and availability. 

The President signed the Broadband DATA Act back in March. That law directs the FCC to collect that data--the FCC was independently at work on improving data collection.  

Pai: FCC Needs Mapping Funding From Congress ASAP 

In a letter to Appropriations Committee chair Nita Lowey (D-N.Y.) and ranking member Kay Granger (R-Texas), House Energy & Commerce Committee ranking member Greg Walden (R-Ore.) and Bob Latta (R-Ohio) cited the COVID-19 pandemic as a big reason the FCC needs the funds for better broadband mapping, which is key to bridging the digital divide.   

"Closing the digital divide and promoting broadband deployment have long been bipartisan priorities and funding the Broadband DATA Act will improve those efforts,” they wrote. 

A quartet of Republican senators aren't waiting for the Commerce Department to petition the FCC to get into the issue of rethinking social media's exemption from civil liability over their moderation of third party content. 

That came in a letter to FCC chair Ajit Pai from Sens. Marco Rubio (Fla.), Josh Hawley (Mo.) (pictured above), Kelly Loeffler (Ga.) and Kevin Cramer (N.D.). 

The senators cited President Trump's Executive Order on Preventing Online Censorship, which mandates that Commerce's National Telecommunications & Information Administration ask the FCC to come up with a framework for exempting censorship of political speech from that so-called Sec. 230 exemption. 

"It is time to take a fresh look at Section 230 and to interpret the vague standard of 'good faith' with specific guidelines and direction," they said, echoing Trump's order. 

"We therefore request that the FCC clearly define the framework under which technology firms, including social media companies, receive protections under Section 230," they wrote. 

Pai Tuesday (June 9) declined to comment on the FCC's role in that issue, saying he did not think it was appropriate given that the FCC is awaiting the petition for rulemaking. Once that is filed, Pai will almost certainly not comment either since he generally makes it a practice not to comment on issues that are before the commission.

The president-elect has pledged a trillion-dollar infrastructure makeover. Broadband buildout backers want to make sure that's a priority of that effort.

In a letter to Donald Trump, Sen. Shelley Capito (R-W. Va.) asked that broadband deployment be a "core component." Capito pointed out that as many as 74% of the residents of her state lack what she called "proper access" to broadband services.

Capito pointed to an FCC study that found that 56% of West Virginia resident don't have access to broadband services that meet its benchmark speeds; that number is as high as 74% in rural parts of the state.

“West Virginia needs to grow and diversify its overall economy, and Iinternet access is fundamental to that transition," Capito said. "It is essential that all communities have access to Internet platforms that will help them connect and compete on a global scale. Small, rural communities across my state lack this fundamental infrastructure – and lack access to vital opportunities as a result."

Capito suggested that deregulation and increased accountability were the way to go, including "reducing barriers to investment in infrastructure, streamlining the regulatory environment for wireless providers, encouraging public-private partnerships, and ensuring accountability on behalf of the taxpayer for federally funded projects."

Asked about Capito's request on a press call with the Trump transition team Monday, a Trump transition team spokesperson did not talk specifics, but told Multichannel News that "broadband is obviously very important, and I would assume that that will be something that the president-elect will be addressing as we start talking about the nation's infrastructure needs after he is sworn in next month."

The spokesman, calling it the "social media stat of the day," pointed out that the president-elect's Facebook posts from the Army-Navy game resulted in more than 1 million likes.

WASHINGTON — Republican presidential nominee Donald Trump and his party have taken his attack on the media to a whole new level.

Last week, the Trump Make America Great Again Committee, which comprises Trump’s presidential campaign committee and the Republican National Committee, sent an email alert to supporters proclaiming, “We’re not just fighting against [Democratic presidential nominee] Hillary Clinton … We are running against the very dishonest and totally biased media!” and attempting to collect data to back up that opinion.

The email said Trump was looking for his own poll to offer up in media interviews to support his loud and repeated claims of media bias — the New York real estate developer/television personality-turned-politician has pulled credentials from outlets whose stories anger him.

The survey targeted cable news outlets — CNN, MSNBC and Fox News Channel — with individual questions, but not network news operations or local news outlets.

“It’s time to hold the media accountable for trying to rig this election against us,” the email said over Trump’s signature, asking supporters to take a “Mainstream Media Accountability Survey.”

“All too often I’m asked about a ‘poll’ put out by a liberal organization that says the American people disagree with our common-sense reforms to fix our country,” the email said. “Well, with your help today, the next time I’m being interviewed, I will have my own poll that shows that the American people disagree with the dishonest media!”

Among the — in some cases leading — questions the Republicans want “yes” or “no” answers on include:

1. “Hillary Clinton still gets a free pass from the media as she continues to lie about sending classified information on her secret server.”

2. “The mainstream media needs to do more to expose the shady donations to the Clinton Foundation.”

3. “The RNC was right to drop CNBC as a partner after they failed to fairly moderate the October debate.”

4. “More time is spent covering fake ‘scandals’ involving Trump than real scandals involving Hillary and our national security.”

5. “The media purposely tries to divide Republicans against each other in order to help elect Democrats.”

The survey launch followed a barrage of antimedia Twitter posts from Trump after the embattled candidate took heat for comments about President Obama being co-founder of ISIS and about gun-rights activists maybe being able to do something to stop Clinton.

Conservative Indiana Governor Mike Pence, who is presumptive GOP nominee Donald Trump's pick for vice president, is well known in communications circles as a big opponent of the FCC's fairness doctrine -- a sentiment he shares with the National Association of Broadcasters -- and a big proponent of a federal shield law, sharing that sentiment with network and local news outlets around the country.

Pence is familiar to broadcasters as the former syndicated radio talk show host who, while an Indiana congressman (2000-2012), teamed up with Rep. Greg Walden (R-Ore.), currently the chair of the House Communications Subcommittee, to block what they saw as a potential return of the "fairness doctrine."

The doctrine, which the FCC scrapped as unconstitutional in 1987 and finally, officially took off the books in 2011, required broadcasters to air both sides of issues of public importance. Its demise helped spur the rise of conservative talk radio stars like Rush Limbaugh and Sean Hannity.

But Pence is also familiar in media circles for his support for journalists, which would put him somewhat at odds with the top of the ticket.

Trump has made a habit of hammering journalists and news outlets for unfavorable stories. He has signaled he might like to see libel laws opened up so he could more easily sue media outlets, pulled The Washington Post's convention coverage credentials over a headline and story he didn't like, and has called journalists dishonest, sleazy and much more.

Unlike Trump, Pence has been effusive in his praise of journalists and the need to tell truth to the powerful.

“As a conservative who believes in limited government, I believe the only check on government power in real time is a free and independent press," he said in a 2009 speech celebrating World Freedom Day. "A free press ensures the flow of information to the public, and let me say, during a time when the role of government in our lives and in our enterprises seems to grow every day – both at home and abroad – ensuring the vitality of a free and independent press is more important than ever."

Pence also spearheaded a House bill, opposed by the Obama Administration, that would have established a federal shield law, the Free Flow of Information Act, which would have granted a qualified privilege to reporters to prevent them from being compelled to testify or to give up confidential sources to federal investigators.

The then-congressman also co-sponsored the Daniel Pearl Freedom of the Press Act to expand the State Department's examination of international press freedom in its annual human rights report.

In an interview with CNN's Chris Cuomo Wednesday (March 16), the GOP's dominant front-runner says he thinks there will be riots if he comes into the convention in Cleveland with close to the number of delegates needed and does not get the nomination for president.

Donald Trump made the talk-show rounds by phone this morning -- speaking with MSNBC, NBC and Fox News -- after winning Republican primaries in Florida, Illinois and North Carolina and possibly also Missouri. 

Following big wins in Tuesday's primary that pushed Trump closer to the delegate total he needs but did not provide a knockout blow given Gov. John Kasich's win in Ohio, Cuomo asked Trump what would happen if he came to the convention short of the requisite number of delegates.

Trump said that if he were, say, 20 votes or 100 votes short, and did not get the nomination: "I think you'd have riots. ... I am representing many millions of people... If you disenfranchise those people and say, 'I'm sorry, you're a hundred votes short,' even though the next one is 500 votes short, I think you would have problems like you've never seen before. I think bad things would happen. I really believe that," according to a CNN transcript.

Trump said he wouldn't lead those riots, "but I think bad things would happen."

Trump has been criticized for the violence at his rallies and his inflammatory rhetoric. But the candidate said in the interview that has been overblown.

"[S]ometimes we'll have somebody stand up and start screaming and then the press fix it up like it's a big deal, but to be honest with you, we have had tremendous harmony, and there's love in those rooms," he said.

Trump told Fox News this morning that plans to skip the upcoming GOP debate scheduled for Monday on Fox News -- he said he is slated to give a speech at the pro-Israel lobby AIPAC conference instead. "Nobody told me about debates. As you saw I thought the last debate on CNN was the last debate," he told Fox & Friends, Politico reported. Trump's presence has helped pump up ratings for the GOP debates.

Trump told MSNBC that he had been receiving calls from prominent Republicans he wouldn't identify but whom he said had been on talks shows previously speaking out against Trump. "They want to get together," he told Morning Joe co-host Joe Scarborough.

WASHINGTON — In a Feb. 18 interview on Sirius XM Radio, Republican presidential front-runner Donald Trump said that CNN and MSNBC’s Morning Joe have treated him fairly, but that Fox News Channel continues to give him the “worst treatment.”

Trump famously sat out a Fox News debate after a run-in with the network over The Kelly File host Megyn Kelly, whose tough questions as moderator of an earlier debate rankled the candidate, who said they were unfair. Fox stood by Kelly.

But in the Sirius XM interview, Trump also said that Fox News chairman Roger Ailes continued to be a friend, but “doesn’t” do him any favors.

“Roger Ailes and I like each other, but he doesn’t do anything for me,” Trump said. “That I can tell you. He certainly doesn’t do anything. In one way, he’s very professional, he won’t lift his finger to help me. Roger Ailes will not lift his finger to help me. Which is fine, I mean he’s a professional and maybe that’s the way it’s supposed to be, but I get treated very badly by Fox.”

Trump took another shot at Kelly before repeating he thought Fox gave him the worst treatment.

But asked if he thought Fox was supporting his challenger, Trump did not hesitate: “They’re in love with [Sen. Marco] Rubio [R-Fla.]. Why, I have no idea, but they are in love with Rubio.”

Rubio has been getting more press attention generally as he has moved up to challenge Sen. Ted Cruz (R-Texas) for second-place, though Cruz was the leader in at least one poll this week.

Some Republican senators have signaled to FCC chairman Tom Wheelerthat they are scratching their heads over the FCC's use of the 25-Mbps downstream/3-Mbps upstream metric to decide that broadband is not being deployed in a reasonable and timely fashion.

They argue that while the FCC is using that to measure access to broadband, it is using a different metric for rural broadband and regulating Internet access.

The FCC's most recent fixed broadband report (and wireless broadband for that matter) came to that conclusion, much to the chagrin of ISPs investing billions to deploy that plant.

In a letter to Wheeler, a sextet of senators said they were concerned that that the "arbitrary" benchmark fails to record what most view as broadband and say they are troubled by the FCC's use of a different metric--10 Mbps--for rural broadband.

"While your 2016 Broadband Progress Report finds a deficiency in deployment at the 25/3-Mbps benchmark," they wrote, "your fact sheet touts the Connect America Fund subsidies -- which only require providers to offer speeds of 10 Mbps down/1 Mbps up -- as increasing broadband deployment."

The letter, which echoes a number of criticisms -- including the 10 Mbps/25 Mbps difference -- that were leveled by the FCC's Republican commissioners after the report was released, noted that Netflix recommends a 5-Mbps download speed and Amazon suggests only 3.5 Mbps.

They said it was "unclear how applying a different definition of broadband to urban and rural areas is consistent with this clear Congressional directive [of universal access]," they wrote. "Nor is it clear how the Commission can justify defining broadband by the 25/3 Mbps benchmark in one context (when assessing the market under section 706), but ignoring this definition when it sought to regulate 'broadband' Internet access providers in its Open Internet Order – there, essentially including any service above dial-up as 'broadband.' If the Commission concluded that providers are providing a 'broadband' service worthy of increased regulatory protections, it seems inconsistent for the Commission to not count all such 'broadband' providers in the Commission’s Section 706 analysis."

Signing on to the letter were Sens. Steve Daines, Roger Wicker, Roy Blunt, Deb Fischer, Ron Johnson  and Cory Gardner.

The GOP Presidential debates continue to rack up record ratings for cable news networks.

CNN’s Wednesday night telecast of the second Republican Presidential Debate drew 22.9 million viewers, a record audience for the 24-hour news network, according to Nielsen Fast National ratings data.

The debate, which featured 11 GOP presidential candidates including front-runner Donald Trump,  beat out the former record of 16.8 million viewers generated by a November 1993 Larry King Live special featuring Ross Perot and Al Gore. CNN’s higest rated presidential debate was the Jan. 2008 California Democratic Debate which averaged 8.3 million viewers, according to the network.

CNN’s debate audience fell short of Fox News’ Aug. 6 telecast of the first Republican Presidential Debate, which drew 23.9 million viewers – a cable viewership record for a non-sports event.

The debate was a major hit on social media, drawing 2.4 million tweets and reaching a unique Twitter audience of more than 9 million users, according to Nielsen Twitter TV Ratings.

Fox News Tuesday released the roster for its prime-time Republican presidential debate, with Donald Trump as the front-runner heading into Thursday night's eagerly-awaited event.

Trump will be joined by Gov. Jeb Bush; Gov. Scott Walker; Gov. Mike Huckabee, neurosurgeon Ben Carson, Sen. Ted Cruz, Sen. Marco Rubio, Sen. Rand Paul, Gov. Chris Christie and Ohio Gov. John Kasich on the stage for the debate, which will air live on Fox News. 

Not making the cut, but who will be invited to appear at a forum the same day, were Gov. Rick Perry, Sen. Rick Santorum,  Gov. Bobby Jindal, former HP chief Carly Fiorina, Sen. Lindsey Graham, Gov. George Pataki and Gov. Jim Gilmore.

The rosters were determined based on an average of the five most recent national polls, from Bloomberg, CBS News, Fox News, Monmouth University and Quinnipiac University.

John Eggerton contributed to this story.

Democratic Sens. Patrick Leahy (Vt.), Ron Wyden (Ore.), Al Franken (Minn.), and Cory Booker (N.J.) are not on board with a Republican-backed network neutrality bill that will be the subject of hearings in the House and Senate on Wednesday.

The bill would prevent online blocking, discrimination and paid prioritization, its backers point out, all things many Democrats favor. But it would also limit the FCC's authority under Sec. 706 of the Telecommunications Act, which the FCC uses to buttress regulatory moves to promote broadband deployment and adoption.

The bill is backed by Sen. John Thune (R-S.D.), chair of the Senate Commerce Committee and Rep. Fred Upton (R-Mich.), chair of the House Energy & Commcerce Committee, who had billed it as potentially bipartisan.

The Democratic senators took the opportunity to welcome the Republicans into the pro-net neutrality protection fold, but not with the bill they have proposed.

“Senator Thune and the Republicans are right to acknowledge what nearly 4 million Americans have said in their comments to the FCC in support of net neutrality rules – that open Internet rules are critical to free speech and innovation," they said in a joint statement. "We appreciate that the Republican bill also recognizes that net neutrality principles should apply regardless of the technology used to connect to the Internet. We stand ready and willing to work with our Republican colleagues, but unfortunately, the bill as currently drafted would dramatically undermine the FCC’s vital role in protecting consumers and small businesses online by limiting its enforcement and rulemaking authorities in this critically important area.  Further, the Republican bill would severely curtail the FCC’s ability to promote the deployment of broadband service.  The FCC has the necessary authority to enact the open Internet rules that millions of Americans have called for and that Republicans finally support. The Commission should act without delay.”

FCC chairman Tom Wheeler has said that he plans to vote on new rules, likely reclassifying broadband access under Title II, at the Feb. 26 meeting, which means circulating his proposal to the other commissioners on Feb. 5, three weeks before the meeting, as is customary.

WASHINGTON — Republicans have taken back the Senate for the first time since George W. Bush was president, but not with the two-thirds majority that would allow them to block the FCC’s reimposition of network-neutrality rules.

Federal Communications Commission chairman Tom Wheeler, a Democrat, will continue to set the agency’s agenda, but there will almost certainly be more pushback from the Hill.

“The FCC is an independent agency and [Wheeler] is an aggressive guy, so he’ll do what he thinks is best,” said a top communications lawyer who asked not to be named.

The Republicans will be picking the chairmen on Senate committees overseeing communications, setting a more deregulatory agenda, scheduling hearings and able to launch investigations, issue subpoenas and otherwise make it tougher on policies and agencies they disagree with.

It was unclear whether the total Senate seat count for the GOP would be 53 or 54. That will be determined by a run-off in Louisiana, where the Republican, Bill Cassidy, is predicted to oust incumbent Democratic Sen. Mary Landrieu. That will mean even more political ad money spent in the run-up to the runoff next month.

The Republicans held the House, and picked up at least a dozen seats (“GOP Ready to Lead Victory 2014” T-shirts were being hawked on the RNC Web site). Energy & Commerce Committee Chairman Fred Upton (R- Mich.), Communications Subcommittee chairman Greg Walden (R-Ore.) and ranking Communications Subcommittee member Anna Eshoo (DCalif.), all won re-election handily. Rep. Henry Waxman (D-Calif.), chair of the House Energy & Commerce Committee, is retiring.

Fresh from those convincing victories in their respective House races, Upton and Walden outlined their priorities for the new Congress, which includes beginning the rewrite of telecommunications law, though again that would need to be legislation that President Obama would not veto, assuming it passed before he exits in 2016.

Not returning is Rep. Terry Lee (R-Neb.) a prominent member of the House Communications Subcommittee. He lost to Democrat Brad Ashford. His seat was thought to be in danger before the election, but it was one of the few setbacks for the Republicans.

On the Senate side, change and lots of it is in the offing. Sen. Jay Rockefeller (D-W. Va.) is retiring and his seat was won by Republican Shelley Moore Capito, one of the pickups that helped the GOP take the Senate. Communications Subcommittee chairman Mark Pryor (D-Ark.) was also defeated by Republican Tom Cotton, yet another of those key seat switches.

Pryor and Rockefeller had pushed for retransmission-consent reform as part of the satellite reauthorization bill, though ultimately recognizing that would hold up the must-pass measure.

Rockefeller’s retirement and Pryor’s defeat also takes two senators off the committee who were focused on content issues, such as media violence.

With Rockefeller and Pryor gone, Sen. Ed Markey (D-Mass.) could become a more prominent figure on the Commerce Committee. He is former chair of the House Communications (formerly Telecommunications) Subcommittee, and has been among the more active legislators on communications issues, including network-neutrality regulations — he favors common-carrier regulations based on Title II of the Telecommunications Act — media consolidation and online privacy.

Open Internet rules will continue to have another strong champion in Sen. Al Franken (D-Minn.), though no longer from the bully pulpit of a chairmanship.

Franken won far more handily than last time around. According to the Minnesota unofficial returns, the Saturday Night Live writer-turned-politican won by about 200,000 votes. In 2008, after months-long recounts and a state Supreme Court decision, Franken won by 312 votes.

Tale of the Tape in Senate Commerce

Who’s in and out following the midterm elections:

Retired: Chairman Jay Rockefeller (D-W. Va.).

Lost: Communications Subcommittee chairman Mark Pryor (D-Ark.)

Undetermined: Mark Begich (D-Alaska) *

Won: Cory Booker (D-N.J.)

Won: Tim Scott (R-S.C.) **

Won: Sen. Al Franken (D-Minn.)

Won: Ed Markey (D-Mass.)

Won: Brian Schatz (D-Hawaii)

* Begich was behind by a little over 8,000 votes but had not conceded at press time with absentee ballots still to be counted.

** First black senator elected from the South since reconstruction.

Cable saw strong a turnout among political campaign-ad buyers this midterm election season, helped by numerous close races for governor and senator and by candidates using selected cable networks, rather than just by buying ads on local newscasts, industry ad sellers said.

While total political-ad spending is lower when there’s no presidential election, cable is likely to bank as much in 2014 in ads as it did during the 2012 season, Dan Sinagoga, vice president of political advertising at Comcast Spotlight, the top cable company’s ad-sales division, said.

That’s been largely at the expense of local broadcasters, according to Sinagoga. He said the cable industry’s share of dollars spent on political ads will hit about 30% this cycle, continuing a trend that saw it take more than 20% in 2012.

Comcast also added more possible commercial minutes to the mix this time around by freeing up some of the “avails” — the 2 minutes per hour typically allotted to local ads — that would normally go to promoting its triple play, high-speed Internet or other services. “It will help us keep easily five to eight million additional dollars that we probably wouldn’t have been able to fit traditionally,” Sinagoga said.

Headed into this non-presidential election cycle, advertising tracker Borrell Associates had predicted cable networks would do $719.3 million in political ads. That would be 46% more than in the last midterm races, in 2010 ($492.7 million).

Tim Kay, director of political strategy at cable operator-owned NCC Media, cited Kantar Media’s forecast of $600 million to $800 million in local cable ad sales and said, “We’re definitely on the latter part of that number,” or above $700 million, headed into Election Day on Tuesday (Nov 4).

“What’s interesting is, we’ve run more commercials, as of two weeks ago, than in all of 2012,” he said.

Kay said most ads are still flowing to the big three favorites of Fox News Channel, CNN and ESPN. “But we’re seeing a lot of non-traditional networks pop up, such as TV Land and Bravo,” he added.

NCC bought a schedule of ads from CNN in October, which helped expand the inventory beyond the local-avail minutes. Kay would not reveal sales specifics but he said the number of political ads NCC placed on CNN were up from both 2012 and 2010.

Sports events have been big among political buyers, Kay said, especially National Football League games.

Sinagoga said Comcast saw gains on non-traditional political-ad outlets such as Animal Planet and Oxygen. “One of our hottest networks this year has been Hallmark [Channel], and that was never the case leading into 2012.”

As for hot markets, NCC’s Kay said noticeable spikes have come in Omaha, Neb., due to the state’s race for governor; in Colorado, with close contests for governor and U.S. senator; and in North Carolina, which has a tightly-contested U.S. Senate race.

Colorado, Texas (especially during this year’s primary elections), Illinois, Michigan, Massachusetts, New Hampshire and Arkansas were all significant for Comcast this year, Sinagoga said.

Comcast also added an element to the on-demand programming mix this time by dynamically inserting advertising into programs addressed to individual households, Sinagoga said. That was a first step toward what the company expects will be household address-ability across its national footprint by the time the 2016 campaigns roll around. That “niche” product did well in Virginia, Florida, New Hampshire and Colorado, he said, and “is going to be a seven-figure addition to our overall pie.”