Communications & Technology

Washington, D.C. — The House of Representatives passed two bills from the House Energy and Commerce Subcommittee on Communications and Technology. The bills, which passed with overwhelming bipartisan support, will enhance cutting-edge American innovation. Upon passage, Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) released the following statement: “America must remain the leader in cutting-edge technology. The FUTURE Networks Act and the Launch Communications Act will promote American advancements in 6G and streamline regulations to further unleash the potential of satellite technology. I thank the sponsors for their hard work and leadership on these bipartisan, commonsense bills.” NOTE: H.R. 1513, the FUTURE Networks Act, led by Reps. Matsui and Walberg, passed the House by a vote of 393 - 22. S. 1648, the Launch Communications Act, led by Sen. Schmitt in the Senate and Reps. Soto and Dunn in the House, passed the House unanimously.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) delivered the following opening remarks at today’s Communications and Technology Subcommittee hearing titled “From Introduction to Implementation: A BEAD Program Progress Report.” “Broadband connectivity is critical to our everyday life and winning the future. Its what connects our work, schools, businesses, hospitals, and more. “Broadband helps create opportunity—opportunity to spur growth, learn, and foster relationships—an opportunity that many rural Americans have lacked for far too long. “Today’s hearing is part of the Energy and Commerce Committee’s continued efforts to close the digital divide through the Broadband Equity, Access, and Deployment Program, or BEAD. “In this Congress alone, we’ve heard from NTIA Assistant Secretary Alan Davidson three times, advanced major legislation that would address barriers to broadband permitting, and, recently, opened an investigation into NTIA’s lack of transparency and unlawful actions in implementing the BEAD program.” CONCERNS WITH NTIA’S ADMINISTRATION OF BEAD “Republicans on this Committee have been vocal about our concern that NTIA’s self-imposed guidelines for BEAD will undermine the program’s success, leading to wasted tax dollars while leaving Americans without the broadband access they need to succeed in their everyday life. “Unfortunately, NTIA has only furthered our concerns by taking actions that will lead to increased costs and longer timelines for broadband deployment. “NTIA’s decision to pressure states to regulate the rates charged for broadband service—despite the law strictly prohibiting rate regulation—will make this program less attractive to the providers needed to participate for BEAD’s success. “NTIA is also using the program to push a radical agenda with unnecessary workforce and climate-related requirements which will make this program more expensive to operate, diverting important dollars that should be used to connect more Americans. “NTIA has spent two years pushing an expensive fiber-first agenda, violating the law’s requirement to use a technology-neutral approach, and making deployment cost prohibitive in many unserved communities, especially in areas like those in parts of my district in Eastern Washington. “NTIA, to its credit, seems to finally be showing an openness to alternative technologies like unlicensed fixed wireless and low Earth-orbit satellite, something that Republicans have asked for since this program began, but by failing to do this from the beginning they have wasted time and money, which only results in fewer Americans getting connected.” DELAYS, DELAYS, DELAYS “While the statute laid out certain timing requirements for the BEAD program, I continue to hear about unnecessary delays in NTIA’s approval process. “Burdensome red tape that NTIA added to the program has made compliance by states much more difficult. “It has been nearly 14 months since states received their initial allocations from NTIA, yet the administration still has not approved 16 initial state proposals. “Vice President Harris was tasked by President Biden to be the Broadband Czar, which has resulted in little progress and heavy-handed federal bureaucracy. “That’s why we are having today’s hearing—to hear from those on the ground, the states and providers—and understand how Congress can ensure this program achieves its goal of connecting every American. “Today is the first time we’ve had representatives from the states and providers, those who will actually make the goals of BEAD a reality, before the Committee since the program was created, and I am excited to hear from our expert witnesses about their experience so far and to discuss what still needs to be done to ensure we are successful in achieving our mission. “Everyone here today wants BEAD to succeed, which is why Congressional oversight of the program is critical. “Our mission remains that every American be connected, and we will stay vigilant in fulfilling that commitment to the American people.”

Washington, D.C. — House Energy and Commerce Subcommittee on Communications and Technology Chair Bob Latta (R-OH) delivered the following opening remarks at today’s hearing titled “From Introduction to Implementation: A BEAD Program Progress Report.”  CHALLENGES TO BEAD IMPLEMENTATION “Almost three years have passed since the Infrastructure Investment and Jobs Act (IIJA) became law.   “This legislation appropriated $42.5 billion to the Broadband Equity, Access, and Deployment (BEAD) program at the National Telecommunications and Information Administration (NTIA) to deploy broadband infrastructure to unserved and underserved homes and businesses.   “While this investment in broadband infrastructure to rural communities is a worthy cause, I am concerned with the implementation of the BEAD program.   “First, this program was created outside of regular order, and therefore lacks appropriate provisions to safeguard these taxpayer dollars.   “There was no discussion of whether $42 billion is the right amount to connect every American or debate on how this program should be administered.   “The infrastructure bill was also a missed opportunity to enact meaningful permitting reform that would have broken down barriers to deployment and stretched this federal funding further.   “I am further concerned with how the Biden-Harris Administration is running the program.”  NTIA’S CONFUSING REQUIREMENTS   “NTIA continues to add requirements that are contrary to Congressional intent and make this program less attractive and more expensive to the broadband providers needed to deploy to unserved and underserved communities.   “These actions include adopting price controls for certain broadband plans, preferring certain technologies over others, and adding burdensome and unnecessary workforce and climate requirements.   “We have raised these concerns with NTIA at numerous oversight hearings and in letters to the agency. I fear that these burdensome requirements are delaying approval of state initial proposals and will jeopardize the success of the grant program.  “I am also concerned about impending workforce and supply chain shortages.   “Getting the workers, bucket trucks, and other materials needed to deploy broadband will be challenging with 56 states and territories chasing the same supply chain and workforce at the same time.   “This will lead to shortages and higher prices that will eat up money and time needed for deployment, undermining the success of this program.”  IMPORTANT CORRECTIONS FROM NTIA   “Fortunately, NTIA has listened to some of our feedback.   “Two weeks ago, NTIA sought comment on how states can use alternative technologies, such as unlicensed fixed wireless and low-earth orbit satellites, to serve our most remote areas.   “Although these technologies should have been permitted from the start, I am pleased that NTIA has finally realized that it will take all available technologies to bridge the digital divide. I hope that NTIA makes similar changes to address the other concerns we have raised.   “Before I conclude, I want to mention the Universal Service Fund working group and efforts to revive the Affordable Connectivity Program (ACP), as I know my colleagues on the other side will likely raise it.   “I am committed to finding a long-term solution to address broadband affordability. “However, ACP must be reformed to ensure that it is targeted towards those who truly need the subsidy to pay for broadband, and it must have a sustainable funding source. “Relying solely on stopgap funding leads to uncertainty for those who rely on the program.   “I am actively working on a solution with my colleagues in the bipartisan, bicameral Universal Service Fund Working Group, along with the Ranking Member of this subcommittee. “Time is running short this Congress, but I hope we can reach an agreement on this important issue.   “Closing the digital divide is a bipartisan priority and significant federal resources have been dedicated to this effort.   “Today’s hearing is an opportunity to discuss the NTIA’s administration of the BEAD program from the perspective of those on the ground—the states and broadband providers that will do the work of deploying broadband our unserved and underserved communities.” 

Washington, D.C. — In a new letter to the National Telecommunications and Information Administration, House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Communications and Technology Chair Bob Latta (R-OH), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA) requested information about the agency’s internet domain name registry agreement with Verisign, Inc. (Verisign). BACKGROUND :  The NTIA represents the United States government on the Governmental Advisory Committee of the Internet Corporation for Assigned Names and Numbers (ICANN), the multi-stakeholder, not-for-profit entity that was founded in 1998 to coordinate the Internet domain name system, among other Internet management-related activities. Since 2001, Verisign has operated the .com and .net domain name registries.   Verisign manages the .com registry under two agreements—a .com Registry Agreement between ICANN and Verisign and a Cooperative Agreement between the NTIA and Verisign.  Both of these agreements are in place through November 30, 2024.  As the expiration dates of these agreements approach, some have suggested that the NTIA should reassess certain aspects of both agreements.   Under the Cooperative Agreement’s terms, it will automatically renew on November 30, 2024, unless Verisign provides written notice of non-renewal within 120 days of its expiration.   The Department of Justice has previously recommended ICANN hold a competitive bidding process for renewals of registry agreements.   The current agreement, as amended, has allowed Verisign, with ICANN’s agreement, in each of the last four years of every six-year contract period, to increase the maximum price Verisign charges for yearly registration or renewal of a .com name by up to seven percent over the maximum price it charged in the previous year.   Verisign has since instituted a price increase of the maximum amount in every year it was allowed to do so.   KEY LETTER EXCERPT :  “With both a role in advising ICANN and as a party to the Cooperative Agreement, the NTIA bears responsibility for supporting a domain name system that enables the growth of online commerce. Both individual consumers and businesses depend on responsible management of the .com system. Monopolistic elements and excessive domain name price increases stifle the ability of potential .com registrants to conduct business online.  “As such, we seek more information about the NTIA’s process in considering the renewal of both the Registry Agreement and the Cooperative Agreement.”  CLICK HERE to read the letter. 

Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Communications and Technology Subcommittee Chair Bob Latta (R-OH) today sent National Telecommunications and Information Administration (NTIA) Administrator Alan Davidson a letter demanding an explanation for the Agency’s repeated failures to respond to questions for the record (QFRs) in a timely manner. Congress has a responsibility to conduct oversight of the executive branch, and the NTIA’s failure to be responsive and transparent undermines our system of checks and balances. KEY LETTER EXCERPT: “We expect NTIA to take seriously our oversight efforts and respond to QFRs and letters promptly. After the hearing on December 5, 2023, it took you 107 days to submit your answers to the QFRs, far exceeding the 2-week deadline. “We received answers to QFRs from the December oversight hearing on the same day that we announced the May NTIA oversight hearing. It is unacceptable that in order to receive responses to QFRs from an oversight hearing, we must introduce more oversight activity.” The Chairs requested answers to the following questions:   During our May 15, 2024, oversight hearing, when questioned about the untimeliness of NTIA’s responses, you said, “I don't know all the details about why each of those took so long, and I would be happy to get back to you. I think the process of writing the QFRs were quite lengthy.” Please describe the process of drafting QFR responses. During that same hearing, you also said “We have to get them [(responses to QFRs)] all cleared through a complex internal interagency process, and that often slows us down.” Please explain each of the steps in this process. How can this interagency process be adjusted to ensure that NTIA responds promptly to the Committee’s requests? CLICK HERE to read the full letter.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Oversight and Acoountability Committee Chair James Comer (R-KY) sent letters to eight federal agencies today following the recent Supreme Court decision on Loper Bright Enterprises v. Raimondo , in which the court overruled Chevron deference. Science, Space, and Technology Committee Chair Frank Lucas (R-OK) and House Agriculture Committee Chair GT Thompson (R-PA) joined Chairs Rodgers and Comer on an additional letter sent to the Environmental Protection Agency. KEY LETTER EXCERPT: “We write to call to your attention Loper Bright Enterprises v. Raimondo, a recent Supreme Court decision that precludes courts from deferring to agency interpretations when the statutes are ambiguous. In its decision, the Court explicitly overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), which required deference to agency interpretations of ambiguous statutes. By allowing such deference, the Court in Chevron enabled the ‘Administrative State’ to usurp the legislative authority that the Constitution grants exclusively to Congress in Article I. The Chevron decision led to broader, more costly and more invasive agency regulation of Americans’ lives, liberty, and property.   “Perhaps no administration has gone as far as President Biden’s in issuing sweeping Executive edicts based on questionable assertions of agency authority. The Biden administration has promulgated far more major rules, imposing vast costs and paperwork burdens, than either its most recent predecessors. Many of these rules...have been based on overreaching interpretations of statutes enacted by Congress years ago, before the issues now regulated were even imagined.   “The expansive Chevron deference has undermined our system of government, creating an unaccountable Administrative State. Thankfully, the Court has now corrected this pattern, reaffirming that ‘[i]t is emphatically the province and duty of the judicial department to say what the law is.’ Given the Biden administration’s record of agency overreach, we are compelled to underscore the implications of Loper Bright and remind you of the limitations it has set on your authority.”   CLICK HERE to read the letter to the Environmental Protection Agency. CLICK HERE to read the letter to the Federal Communications Commission.  CLICK HERE to read the letter to the Consumer Product Safety Commission.  CLICK HERE to read the letter to the Federal Trade Commission.  CLICK HERE to read the letter to Department of Commerce.   CLICK HERE to read the letter to the Department of Energy.  CLICK HERE to read the letter to the Federal Energy Regulatory Commission.  CLICK HERE to read the letter to the Nuclear Regulatory Commission.  CLICK HERE to read the letter to the National Highway Transportation and Safety Administration.