Letter

It has come to our attention that the Federal Communications Commission intends to vote on a Report and Order that would violate Congress’ Resolution of Disapproval vitiating the FCC’s 2016 Broadband Privacy Order. Since the FCC has no authority to ignore Congress’ exercise of the Congressional Review Act (CRA), we urge you to withdraw the draft Report and Order to avoid resurrecting substantially similar parts of the 2016 Broadband Privacy Order that Congress nullified. The FCC’s proposed rules in the Report and Order are clearly “substantially similar” to the nullified 2016 rules.

I urge the Department of Justice (DOJ) to permit Apple and Google to inform their customers and the general public about demands for smartphone app notification records. In the spring of 2022, my office received a tip that government agencies in foreign countries were demanding smartphone “push” notification records from Google and Apple. My staff have been investigating this tip for the past year, which included contacting Apple and Google.

Senators Edward J. Markey (D-MA) and Marsha Blackburn (R-TN) urged the Federal Communications Commission (FCC) to act expeditiously in its proceeding regarding the 12.2-12.7 GHz spectrum band while continuing to maintain an evidence-based approach.  With the 12.2-12.7 GHz band, the FCC has a unique near-term opportunity to expand broadband access, improve the distribution of spectrum resources, and put our spectrum to its most efficient use, especially in rural areas of the country.

On October 6, 2023, Rep Tim Walberg (R-MI) wrote to Federal Communications Commission Chairwoman Jessica Rosenworcel to express concerns that she "misled the public and [was] not truthful" in Congressional testimony and has proposed broadband rate regulation. In her November 14 reply to Rep Walberg, Chairwoman Rosenworcel said, "I have no interest in pursuing regulation of broadband rates." She included a paragraph from the net neutrality/Title II proposal which reads:

On May 10, 2023, 19 House Members wrote to Federal Communications Commission Chairwoman Jessica Rosenworcel to express concerns about the Federal Communications Commission’s (FCC) Broadband Data Collection and asking the FCC to 1) Strengthen outreach to state and local governments on technical assistance to those interested in verifying availability and location data within their jurisdiction on a consistent basis; 2) Elevate public outreach and education opportunities for members of the public who would like to participate in the individual challenge process contained within the Broadband

As Members of the Congressional Asian Pacific American Caucus, Congressional Black Caucus, and Congressional Hispanic Caucus, we write urging you to include $6 billion needed to replenish the highly popular and effective Affordable Connectivity Program (ACP) in any government funding package, as requested by President Biden’s Fiscal Year 2024 emergency supplemental funding proposal. Established in the Infrastructure Investment and Jobs Act, the ACP is a true bipartisan public policy success story.

As Governors from across the country, we urge you to work collaboratively with the Biden Administration to ensure that a key tool in our joint efforts to bridge the digital divide—the Affordable Connectivity Program (ACP)—receives additional funding. It is essential that people do not lose access to the internet that this vital program has allowed them to gain. There is broad agreement across the political spectrum that affordable high-speed internet is a necessity in today’s world, whether it’s for education, work or health care.

We write in response to your recently circulated Draft Order on “Digital Discrimination” that would turn section 60506 of the Infrastructure Investment and Jobs Act (IIJA) into a sweeping mandate for heavy-handed Internet regulation and expose every nook and cranny of the broadband business to liability under a “disparate impact” standard. Your Draft Order, which largely follows a Biden administration diktat, will create crippling uncertainty for the U.S. broadband industry, chill broadband investment, and undermine Congress’s objective of promoting broadband access for all Americans.

We, the undersigned groups, write to emphasize the dire need for Congress to pass 6 billion dollars in supplemental funding to sustain the Affordable Connectivity Program (“ACP”) through the end of 2024. As of October 25, 2023, the Biden-Harris Administration requested Congress to appropriate emergency funding for critical domestic issues, including $6 billion earmarked for ACP to ensure eligible households across the country remain connected online.

I write regarding reports from my home state—the commonwealth of Pennsylvania—of payment issues with the Affordable Connectivity Program (ACP). As my colleagues and I work to find long-term funding solutions for ACP, both the FCC and companies that administer and benefit from ACP must do right by Americans who rely on the it. I’ve heard from constituents across the commonwealth that some of these households have encountered issues receiving their benefits. Specifically, some service providers are requiring that users show proof of one month of service before qualifying for the discount.