Wednesday night's vice presidential debate featured telecom and tech policy, unlike the debate last week between President Donald Trump and Democratic presidential nominee Joe Biden. Democratic vice presidential nominee Sen. Kamala Harris of California contrasted Biden’s infrastructure proposals with Trump’s record. Biden has “a plan that is about investing in infrastructure, something [Trump] said he would do,” Harris said. She cited the Trump administration’s repeated bids for an “Infrastructure Week” aimed at advancing talks on spending for broadband and other projects, but “I don’t think it ever happened.” Trump in March noted interest in pursuing $2 trillion in infrastructure spending as part of COVID-19 legislation (see 2003310070). The House passed the Moving Forward Act (HR-2) in July, including broadband and next-generation 911 funding (see 2007010071). Harris said the administration doesn’t believe sufficiently enough in science, and that hurt the U.S. position as innovation leader. Vice President Mike Pence said Biden is a “cheerleader” for the Communist Party-led Chinese government and “wants to go back to the economic surrender to China.” Harris criticized the Trump administration's trade war with China. Neither candidate named specific Chinese companies that have drawn lawmakers’ scrutiny.
Jimm Phillips
Jimm Phillips, Associate Editor, covers telecommunications policymaking in Congress for Communications Daily. He joined Warren Communications News in 2012 after stints at the Washington Post and the American Independent News Network. Phillips is a Maryland native who graduated from American University. You can follow him on Twitter: @JLPhillipsDC
Senate Commerce Committee Chairman Roger Wicker, R-Miss., and House Commerce Committee ranking member Greg Walden, R-Ore., filed the Beat China by Harnessing Important, National Airwaves for 5G Act Wednesday in a bid to codify the DOD’s deal with the FCC to sell commercial use of the 3.45-3.55 GHz band (see 2008100038). Americans for Tax Reform, Heritage Action, TechFreedom and 40 other right-leaning groups, meanwhile, raised concerns with Senate Communications Subcommittee Chairman John Thune, R-S.D., that DOD’s recent request for information on dynamic spectrum sharing of the frequency slice (see 2009210056) could be an avenue to 5G nationalization.
Democratic presidential nominee Joe Biden, if he wins the Nov. 3 election, is likely to be “very receptive” to coming legislation from House Antitrust Subcommittee members to implement recommendations from their Tuesday report on competition in the digital economy, subpanel Chairman David Cicilline, D-R.I., said Wednesday. The report called for bills to institute structural separation and line of business restrictions to address alleged abuse of market power by Google, Facebook, Amazon and other major tech companies (see 2010060062).
Senate floor proceedings are delayed until Oct. 19, complicating the timeline for consideration of Supreme Court nominee Amy Coney Barrett and FCC nominee Nathan Simington. Majority Leader Mitch McConnell, R-Ky., was expected to have sought unanimous consent Monday for the chamber to meet pro forma through next week after GOP members Ron Johnson of Wisconsin, Mike Lee of Utah and Thom Tillis of North Carolina tested positive for COVID-19. Johnson and Lee are members of the Commerce Committee, which has jurisdiction over the Simington pick. Lee and Tillis are on the Judiciary Committee, which is handling the Barrett nomination. Lee and Tillis attended the event last month where President Donald Trump announced he was picking Barrett. Trump (see 2010020044) and other attendees also tested positive. Johnson attended Senate GOP caucus lunches with Lee and Tillis last week. McConnell said the delay in floor proceedings won’t preclude committees from holding hearings virtually, a practice that’s been in place since the spring (see 2005180042). Judiciary Chairman Lindsey Graham, R-S.C., intends to begin hearings on Barrett next week. A committee vote to advance Barrett is planned for Oct. 22; it's unclear whether Lee and Tillis will recover by then. Republicans hold a 12-10 Judiciary majority, making Lee's and Tillis' presence crucial for advancing Barrett amid likely unanimous Democratic opposition. Commerce could hold a virtual hearing on Simington; there’s no chatter about one coming (see 2009300022). The committee has postponed Wednesday's railroads hearing and didn't comment on any further schedule changes.
New York Attorney General Letitia James and 18 other Democratic state attorneys general were among those filing amicus briefs Wednesday opposing a DOJ bid to get a preliminary injunction to stop enforcement of California’s net neutrality law (see 2008050060). DOJ's and ISPs’ lawsuits against the California statute (SB-822) in U.S. District Court in Sacramento resumed in early August after Mozilla and others let pass a July 6 deadline to seek a Supreme Court review of FCC rescission of its 2015 national rules (see 2007300041). TechFreedom, TIA and the U.S. Chamber of Commerce filed amicus briefs in August supporting the litigation (see 2008200034).
House Democrats bowed revised COVID-19 aid legislation Monday that retains many of the telecom provisions included in the Health and Economic Recovery Omnibus Emergency Solutions (Heroes) Act (HR-6800), which the chamber passed in May (see 2005130059). House Speaker Nancy Pelosi, D-Calif., told reporters Tuesday she’s “hopeful” a deal on pandemic aid is possible this week amid renewed talks with Treasury Secretary Steven Mnuchin. White House Chief of Staff Mark Meadows wasn't directly involved in a Tuesday phone conversation between Pelosi and Mnuchin but told reporters, “Hopefully, we’ll make some progress and find a solution.” Negotiations have gone on for months, leading some to believe broadband funding talk could make its way into election campaigns (see 2008210001). The revised Heroes Act allocates more than $15 billion for broadband, including $12 billion for an FCC-administered Emergency Connectivity Fund to provide “funding for Wi-fi hotspots, other equipment, connected devices, and advanced telecommunications and information services to schools and libraries.” An additional $3 billion would go to an Emergency Broadband Connectivity Fund to provide “an emergency benefit for broadband service,” with the national Lifeline verifier serving as one potential way of determining eligibility. The bill would temporarily increase minimum Lifeline service standards to include unlimited voice and data allowances. Like HR-6800, it would appropriate $24 million to the FCC for implementing the Broadband Deployment Accuracy and Technological Availability Act broadband mapping law (S-1822). It allocates $200 million to the FCC’s COVID-19 Telehealth Program and $175 million to CPB “to maintain programming and services and preserve small and rural stations threatened by declines in non-Federal revenues.” The measure mirrors HR-6800’s language barring ISPs and voice providers from terminating or otherwise altering service to individual customers and small businesses because of inability “to pay as a result of disruptions caused by the public health emergency.” It includes language from the Don’t Break Up the T-Band Act (HR-451) and Martha Wright Prison Phone Justice Act (HR-6389). It contains HR-6800’s language to address price gouging during COVID-19 and make local media eligible for PPP.
The looming battle for Senate confirmation of Supreme Court nominee Amy Coney Barrett could either help or hurt FCC nominee Nathan Simington's chances of getting the chamber's approval before the election, lawmakers and others told us. President Donald Trump announced his Barrett pick Saturday to succeed the late Justice Ruth Bader Ginsburg, as expected (see 2009220022). Trump earlier named Simington, an NTIA senior adviser, as his pick to replace Commissioner Mike O'Rielly (see 2009150074).
Senate Communications Subcommittee members intermingled questions about FirstNet’s progress during a Thursday hearing with forays into how broader communications policy could affect the public safety broadband network. Subcommittee Chairman John Thune R-S.D., and others at times focused on whether legislation to further streamline permitting processes would aid FirstNet’s deployment. FirstNet CEO Edward Parkinson and AT&T Senior Vice President-FirstNet Program Jason Porter highlighted their progress in building the network and expressed willingness to carry out GAO recommendations that it improve communications with stakeholders (see 2009170071).
U.S. Agency for Global Media CEO Michael Pack followed through on expectations he would defy a House Foreign Affairs Committee subpoena to testify Thursday (see 2009230045), drawing bipartisan criticism. Pack earlier committed to appear before but pulled out, citing unspecified administrative proceedings, said committee Chairman Eliot Engel, D-N.Y. Pack “manufactured this conflict to get out of being here today,” Engel said. Pack is the “wrong person for the job. He should resign, and if he doesn’t, [President Donald Trump] should fire him.” USAGM didn’t immediately comment. Pack has drawn congressional scrutiny since the Senate confirmed him earlier this year (see 2006240054) and faces a lawsuit by USAGM grantee Open Technology Fund seeking to block his attempted purge of OTF leadership. Pack’s "actions damaged support during the heights of unrest in Hong Kong, and they are continuing to do so today in Belarus” amid protest against both places’ governments, said ranking member Michael McCaul, R-Texas. He claimed Pack ignored “the will of Congress” and “basic questions.” The committee “deserves the respect of a response,” McCaul said.
A three-judge D.C. Circuit U.S. Court of Appeals panel scheduled oral argument Oct. 2 on the Open Technology Fund’s lawsuit against U.S. Agency for Global Media CEO Michael Pack. The D.C. Circuit in July temporarily stayed Pack’s bid to purge grantee OTF’s leadership, which got scrutiny from congressional Democrats (see 2006240054). Merrick Garland, Cornelia Pillard and David Sentelle will hear the case at 9:30 a.m., the court said (in Pacer). Meanwhile, the House Foreign Affairs Committee continues to push for Pack to testify at a planned Thursday hearing. Pack earlier committed to appear before House Foreign Affairs that day but pulled out without providing “any reasonable alternative dates,” forcing the committee to issue a subpoena. Pack is expected to defy the subpoena, a House Foreign Affairs aide said. The move has drawn the ire of Chairman Eliot Engel, D-N.Y., and ranking member Michael McCaul, R-Texas.