FCC Open Through Oct. 11 if Unlikely Shutdown Happens
The FCC could remain fully open “through Oct. 11” in the event of a now-unlikely government shutdown, acting FCC Chairwoman Jessica Rosenworcel told reporters Thursday. See our news bulletin here. President Joe Biden was expected to have signed a continuing resolution later that day to fund the federal government through Dec. 3 (HR-5305), averting a shutdown of agencies that would otherwise begin at midnight. Prospects for a planned Thursday House vote on the bipartisan Infrastructure Investment and Jobs Act (HR-3684) were in doubt amid opposition from progressives in the Democratic caucus to affirming the Senate-passed measure without first voting on a budget reconciliation package that's still under negotiation.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
The House voted 254-175 to send Biden a revised version of the HR-5305 CR that eliminates GOP-opposed language to suspend the debt ceiling until Dec. 16, 2022, but retains $77.6 million for the Department of Health and Human Services’ Substance Abuse and Mental Health Administration to implement tech upgrades to 988 suicide prevention hotline call centers (see 2109240070). The Senate earlier voted 65-35 for the measure.
A Thursday email to FCC staff echoed Rosenworcel's view that the commission could remain open through the “close of business” Oct. 11 via "other available funding." Rosenworcel told reporters the FCC's spectrum auction activities would continue throughout a shutdown, so the commission will be able to “make sure” the upcoming 3.45 GHz band auction begins as planned Oct. 5 (see 2109170041).
The FCC generally has the funding during government shutdowns to stay “fully, or mostly functional” for several weeks, said Commissioner Brendan Carr during a call with reporters Thursday. The agency "does not cease operations at midnight when there's a shutdown,” he said. “Historically, we have plans in place.”
A shutdown plan the commission published Thursday estimates 262 of its 1,430 employees would continue to work after its funding runs out, including 164 supporting the spectrum auctions. The commission would continue to certify USF disbursements and treaty-related activities during a shutdown, along with its spectrum auctions. An orderly shutdown of all nonexempted FCC operations would take four hours, the commission said.
Other Agencies
The Commerce Department and DOJ also released new shutdown contingency plans ahead of congressional action on HR-5305. The FTC’s shutdown plan remains the same as the one they developed in July 2019, a spokesperson said.
NTIA would continue its spectrum management activities during a shutdown but would “not engage in activities that further the deployment and use of broadband and other technologies in America,” the Commerce Department said. The agency would limit its spectrum management and other activities “to only the most critical or those funded by other than current annual appropriations.” The National Institute of Standards and Technology would continue to provide support services for “IT security and telecom infrastructure” matters, Commerce said. The Patent Office has “sufficient funds” from patent and other fees “to continue full operations for a period of time” after federal appropriations lapse.
DOJ Antitrust Division’s work would “continue during a lapse” as long as there’s sufficient carryover funding, the department said. About 42% of Antitrust Division employees -- 267 of the current 643 -- would continue to work during a longer shutdown. Those “critical” employees are “needed to conduct or directly support ongoing criminal trials, prepare for criminal proceedings that have been scheduled for court” and “conduct or support ongoing civil litigation in which a continuance cannot be obtained,” DOJ said. “They will also prepare cases that must be filed due to” Hart-Scott-Rodino Act “or statute of limitations deadlines, only when an extension or waiver cannot be obtained and” division “leadership determines that allowing a proposed merger to go forward without objection would pose a reasonable likelihood of peril to property in which” the U.S. “has an immediate interest.”
Vice President Kamala Harris told reporters she’s “optimistic” the House will pass HR-3684, which includes $65 billion for broadband. “We’re on a path to win the vote” on HR-3684 Thursday, House Speaker Nancy Pelosi, D-Calif., told reporters. “I don't want to even consider any other options than that.” She and Biden were speaking with the Senate, Congressional Progressive Caucus Chair Rep. Pramila Jayapal of Washington and other wavering Democrats. House Majority Leader Steny Hoyer, D-Md., said he wasn’t confident the measure would pass if brought up Thursday.
Sen. Joe Manchin, D-W.Va., indicated Thursday he remains opposed to passing a reconciliation package on the scale of the current $3.5 trillion plan but would back a slimmer $1.5 trillion proposal with some other concessions. That’s “what we can afford to do, without basically changing our whole society into an entitlement mentality,” he said. Sen. Kyrsten Sinema, D-Ariz., has also objected to spending $3.5 trillion. The Build Back Better Act reconciliation language the House Commerce Committee advanced in September includes $10 billion for next-generation 911 and $4 billion for the FCC Emergency Connectivity Fund (see 2109140063).