Senate Commerce Committee Chairman Ted Cruz, R-Texas, seemed during and after a Wednesday panel hearing to be eyeing an escalation of his long-simmering battle with DOD and its most vociferous congressional supporters, who oppose legislation mandating reallocation of spectrum bands for 5G use, which they say could impact military incumbents. Cruz touted his 2024 Spectrum Pipeline Act during the hearing as the preferred language for an airwaves title in a budget reconciliation package, as expected (see 2502180058). Some witnesses strongly praised Cruz's proposal. Sen. Deb Fischer, R-Neb., and many panel Democrats criticized it.

The Senate Commerce Committee expects to pass legislation banning social media use for children younger than 13 during Wednesday’s markup, Sen. Brian Schatz, D-Hawaii, and committee members told us Tuesday.

Senate Commerce Committee Chairman Ted Cruz, R-Texas, and other leaders acknowledged in recent interviews that long-standing DOD objections to repurposing the 3.1-3.45 GHz band and other military-controlled frequencies remain an impediment to GOP hopes of using an upcoming budget reconciliation package to move on spectrum legislation (see 2501070069). Lawmakers and lobbyists said DOD concerns could prevent Congress from including anything beyond a simple restoration of the FCC’s lapsed auction authority in a reconciliation package, an outcome that would fall short of wireless industry wishes for a refilled spectrum pipeline.

Lawmakers and officials expect that long-standing DOD objections to repurposing the 3.1-3.45 GHz band and other military-controlled frequencies will remain a flashpoint in negotiations during the new Congress as GOP leaders eye using an upcoming budget reconciliation package to move on spectrum legislation. Observers eyed potential friction from Sen. Deb Fischer, R-Neb., if she succeeds in her bid to become Senate Communications Subcommittee chair (see 2412180052) given her well-known disagreement with new Commerce Committee Chairman Ted Cruz, R-Texas, on DOD spectrum issues.

Sen. Deb Fischer, R-Neb., confirmed to us Wednesday she has changed her mind and now wants Senate Commerce Committee ranking member Ted Cruz, R-Texas, to pick her as Communications Subcommittee chair when he takes over the panel in January. Fischer previously said she wasn’t interested in taking over as lead Communications Republican from current ranking member John Thune, R-S.D. (see 2402290057), who will become Senate majority leader in January. Fischer didn’t explain why she now wants to lead the subcommittee but indicated “we’re working it out” now with Cruz. “Obviously, I’m the senior” Republican on Senate Commerce after Cruz, Thune and Armed Services Committee ranking member Roger Wicker of Mississippi and therefore would traditionally get the Communications gavel because “I’ve asked to have it,” Fischer said. “That’s how it works.” Fischer is senior to Sen. Jerry Moran, R-Kan., whose presence as a fill-in for Thune during a Senate Communications hearing last week provoked discussion conversation about whether he was in line for the subpanel gavel (see 2412170053). A Fischer elevation to Senate Communications chair could put her in conflict with Cruz on some spectrum legislative issues. Fischer, who's also a senior Armed Services member, opposes using a spectrum package to mandate an FCC sale of any portion of the DOD-controlled 3.1-3.45 GHz band (see 2403210063). Cruz favors a lower 3 GHz sale.

Sen. Jerry Moran, R-Kan., clarified that he hasn’t yet been selected as Senate Communications Subcommittee chairman for the next Congress despite filling in during a subpanel hearing last week (see 2412110067) for current ranking member John Thune, R-S.D. Current Communications Chairman Ben Ray Lujan of New Mexico is hopeful but not certain that he will remain the subpanel’s lead Democrat next year. Rep. Brett Guthrie of Kentucky, who will be House Commerce Committee chairman in the next Congress, said he’s adding 10 current and incoming Republican lawmakers to the panel.

During a Thursday Incompas virtual event, communications industry lawyers offered few clues about which lawmakers will fill vacant top GOP slots on the House and Senate Communications subcommittees, but CEO Chip Pickering forecast substantial leadership continuity on both chambers’ Commerce committees. Pickering and lawyers who spoke at the event, meanwhile, saw limited prospects during the lame-duck session that Congress would advance a spectrum legislative package or funding for the FCC’s lapsed affordable connectivity program and Secure and Trusted Communications Networks Reimbursement Program.

House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., urged FCC Chairwoman Jessica Rosenworcel and FTC Chair Lina Khan Wednesday to stand down from working on controversial matters during the transition from President Joe Biden to former President Donald Trump, who won a second term that morning (see 2411060042). Senate GOP leaders will likely send similar “pencils down” letters, lobbyists told us. Senate Commerce Committee ranking member Ted Cruz of Texas and other GOP leaders are likely to have their positions against controversial FCC and FTC action strengthened given the party won control of the upper chamber Tuesday night, lobbyists said. Cruz appears on course to take the Senate Commerce gavel next year, having prevailed Tuesday as part of the Republicans' victory (see 2411060001).

Senate Commerce Committee ranking member Ted Cruz of Texas appears on course to take the panel's gavel next year, having prevailed Tuesday night in his reelection bid as Republicans won back control of the chamber. All major news organizations called the election for Cruz, who led Democratic Rep. Colin Allred Wednesday 53%-44% with 95% of votes counted.

The Tuesday congressional elections could lead to significant turnover on the Senate Commerce Committee even beyond ranking member Ted Cruz, R-Texas, with four other panel members facing tough or potentially competitive reelection fights. The outcome of Cruz’s reelection bid against Rep. Colin Allred, D-Texas, has the biggest potential to alter the Senate Commerce dynamic because Cruz is poised to become panel chairman if he's reelected and Republicans gain a majority in the upper chamber (see 2411040049). Late polls suggested both of these results are more likely than not. It's less likely there will be substantial turnover on the Senate Judiciary, House Commerce and House Judiciary committees, as only a handful of those panels’ members face competitive contests.