The Senate gaveled out Thursday for a two-week Easter/Passover recess, meaning further floor action on FTC nominee Alvaro Bedoya and FCC nominee Gigi Sohn will be delayed until at least April 25, as expected (see 2204050064). Senate Majority Leader Chuck Schumer, D-N.Y., filed cloture Thursday on Bedoya but hadn't scheduled a vote at our deadline. The chamber voted 51-50 last week to discharge Bedoya from Senate Commerce Committee jurisdiction and must hold a similar vote on Sohn because the committee cast tied votes on both nominees last month (see 2203030070). Senate Commerce Chair Maria Cantwell, D-Wash., told us before the chamber voted to confirm Ketanji Brown Jackson to the Supreme Court (see 2204070058) that she doubted further pre-recess action on either nominee was likely unless the chamber stayed in session past Thursday. Sen. Dan Sullivan, R-Alaska, continued to believe Sohn’s confirmation prospects are dimming amid chatter about potential Democratic holdouts on the nominee (see 2203300069). “That’s why Schumer's not bringing her to the floor” before the recess, Sullivan said. Democrats who are facing tough re-election battles this year who might vote in Sohn’s favor would be delivering their GOP opponents “a campaign ad on a silver platter.” The Chamber of Progress, CompTIA, Computer & Communications Industry Association, Consumer Technology Association, Incompas, Internet Infrastructure Coalition and NTCA pressed the Senate Thursday to “move expeditiously” to confirm Sohn. “The absence of a fifth Commissioner hamstrings the agency when U.S. leadership on technology policy is most needed,” the groups said in a letter to Schumer and Senate Minority Leader Mitch McConnell, R-Ky. “As authoritarian regimes around the world move to supplant U.S. leadership and restrict access to an open and free internet, we must ensure the U.S. government is well positioned to thoroughly consider and advance policies that promote democratic values.”

Industry disagreed whether the FCC should pause some of its high-cost Universal Service Fund programs amid the recent $65 billion federal broadband support from the Infrastructure Investment and Jobs Act, in reply comments posted Friday in docket 21-476 (see 2202180046). Others debated whether to expand the fund's contribution base or turn to direct congressional appropriations. The FCC sought comments on USF's future as part of its report to Congress due by Aug. 12.

Open a third FCC Emergency Connectivity Fund application filing window, urged the Information Technology Industry Council, Competitive Carriers Association, Incompas, USTelecom and the U.S. Chamber of Commerce in a letter to commissioners posted Wednesday in docket 21-93. The groups backed a similar request by the Schools, Health & Libraries Broadband Coalition (see 2201310071). They also backed "extending the limited waiver of the gift rule" until June 30, 2023, to coincide with the program's service delivery date.

Industry, state officials and advocacy groups disagreed how the FCC should proceed in adopting new broadband consumer labels, in comments posted Thursday in docket 22-2 (see 2201280038). Industry disagreed whether certain information should be required or optional, while state officials and advocacy groups called for strong enforcement and regular publishing of the labels online and on consumer bills. The Infrastructure Investment and Jobs Act (IIJA) required the FCC to adopt labels and hold public hearings on the issue (see 2201270030).

President Joe Biden’s State of the Union address spurred reaction from Democrats and Republicans looking to move comprehensive privacy and child privacy bills. Biden announced a sweeping agenda to address a social media-linked children's mental health “crisis” during his Tuesday speech, as expected (see 2203010072). “Protecting kids online starts by establishing a national privacy and data security framework and enacting legislation that stops Big Tech’s harmful abuse of power,” said House Commerce Committee ranking member Cathy McMorris Rodgers, R-Wash. Biden issued a “powerful call to action on the youth mental health crisis exacerbated by social media, which can be addressed by the Kids Online Safety Act, Senate Consumer Protection Subcommittee Chairman Richard Blumenthal, D-Conn., said of his bipartisan bill with ranking member Marsha Blackburn, R-Tenn. The president offered Congress a “blueprint,” and now it’s time to act, said Rep. Lori Trahan, D-Mass. Biden “clearly expressed what we know to be true: it’s time to prevent the abusive collection and retention of personal information online,” said Reps. Anna Eshoo, D-Calif., and Zoe Lofgren, D-Calif., in favor of their Democratic privacy proposal (see 2111180048). “If companies can’t collect data, they can’t use that data to manipulate Americans for profit.” Biden urged Congress to swiftly send him a compromise bill marrying elements of the House-passed America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength Act (HR-4521) and Senate-passed U.S. Innovation and Competition Act (S-1260), which both include $52 billion in subsidies to encourage U.S.-based semiconductor manufacturing (see 2201260062). The House passed HR-4521 last month, but there has been no formal compromise between that measure and S-1260 (see 2202250054). “Let’s not wait any longer,” Biden said. “We used to invest 2% of our GDP in research and development. We don’t now. China is.” Biden praised Intel’s plan to build two new chip factories in Ohio, costing $20 billion (see 2201210027), as “the biggest investment in manufacturing in American history, and all they’re waiting for is for you to pass a HR-4521/S-1260 compromise. Biden also, as expected, touted the $65 billion in broadband money included in the Infrastructure Investment and Jobs Act as a way to provide "affordable high-speed internet for every American -- urban, suburban, rural and tribal communities." Biden's broadband shutout was praised by Mignon Clyburn, co-chair of the Incompas-backed BroadLand campaign. "By taking an all of the above approach to deployment, we can build new future proof networks that benefit all Americans, urban and rural, who need access to low-cost internet solutions," she said. Free State Foundation Senior Fellow Andrew Long said Biden and Congress haven't "paid much attention -- big picture -- to how the various appropriations, agencies, and programs relating to the construction of broadband infrastructure will interoperate in a manner that uses precious taxpayer dollars wisely and efficiently. This must change."

President Joe Biden’s State of the Union address spurred reaction from Democrats and Republicans looking to move comprehensive privacy and child privacy bills. Biden announced a sweeping agenda to address a social media-linked children's mental health “crisis” during his Tuesday speech, as expected (see 2203010072). “Protecting kids online starts by establishing a national privacy and data security framework and enacting legislation that stops Big Tech’s harmful abuse of power,” said House Commerce Committee ranking member Cathy McMorris Rodgers, R-Wash. Biden issued a “powerful call to action on the youth mental health crisis exacerbated by social media, which can be addressed by the Kids Online Safety Act, Senate Consumer Protection Subcommittee Chairman Richard Blumenthal, D-Conn., said of his bipartisan bill with ranking member Marsha Blackburn, R-Tenn. The president offered Congress a “blueprint,” and now it’s time to act, said Rep. Lori Trahan, D-Mass. Biden “clearly expressed what we know to be true: it’s time to prevent the abusive collection and retention of personal information online,” said Reps. Anna Eshoo, D-Calif., and Zoe Lofgren, D-Calif., in favor of their Democratic privacy proposal (see 2111180048). “If companies can’t collect data, they can’t use that data to manipulate Americans for profit.” Biden urged Congress to swiftly send him a compromise bill marrying elements of the House-passed America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength Act (HR-4521) and Senate-passed U.S. Innovation and Competition Act (S-1260), which both include $52 billion in subsidies to encourage U.S.-based semiconductor manufacturing (see 2201260062). The House passed HR-4521 last month, but there has been no formal compromise between that measure and S-1260 (see 2202250054). “Let’s not wait any longer,” Biden said. “We used to invest 2% of our GDP in research and development. We don’t now. China is.” Biden praised Intel’s plan to build two new chip factories in Ohio, costing $20 billion (see 2201210027), as “the biggest investment in manufacturing in American history, and all they’re waiting for is for you to pass a HR-4521/S-1260 compromise. Biden also, as expected, touted the $65 billion in broadband money included in the Infrastructure Investment and Jobs Act as a way to provide "affordable high-speed internet for every American -- urban, suburban, rural and tribal communities." Biden's broadband shutout was praised by Mignon Clyburn, co-chair of the Incompas-backed BroadLand campaign. "By taking an all of the above approach to deployment, we can build new future proof networks that benefit all Americans, urban and rural, who need access to low-cost internet solutions," she said. Free State Foundation Senior Fellow Andrew Long said Biden and Congress haven't "paid much attention -- big picture -- to how the various appropriations, agencies, and programs relating to the construction of broadband infrastructure will interoperate in a manner that uses precious taxpayer dollars wisely and efficiently. This must change."

Commenters on the Universal Service Fund generally agreed its funding system is unsustainable and in need of changes but disagreed on the solution, in comments posted Friday in docket 21-476 (see 2112220051) as the FCC prepares its report to Congress on the future of USF.

Session initiation protocol 603 is “the best and most pragmatic solution to provide callers with actionable information,” said USTelecom in reply comments to the FCC’s Further NPRM on call blocking notifications Tuesday in docket 17-59 (see 2202010031). SIP code 603 is a "pragmatic and effective means of providing immediate notification," said AT&T, and SIP code 607 is "unnecessary." Verizon backed mandating 603 “when terminating service block calls based on analytics.” Efforts to improve redress processes “should continue to be left to the industry stakeholders to address,” said Transaction Network Services, saying 603 “provides sufficiently actionable information.” The Voice on the Net Coalition, Incompas and Cloud Communications Alliance disagreed, saying “failure to implement SIP codes 607 and 608 will result in legitimate calls being blocked and in onerous redress processes.” The groups backed phasing out the use of 603. SIP code 603’s “lack of specific, actionable information makes it an unsustainable long-term option,” said TCN. “Additional standards body work could clarify questions raised and resolve technical issues that remain” for all three codes, said NTCA.

Community engagement at “all levels” will be “key” to the broadband equity, access and deployment (BEAD) program, said Doug Kinkoph, associate administrator for NTIA's Office of Internet Connectivity and Growth, during an Incompas policy summit in Washington Tuesday (see 2202080065). “You really do need to get down to the grassroots to make this effective,” Kinkoph said. A notice of funding opportunity for the BEAD and middle mile programs will come out “mid-May,” he said, and a notice for the digital equity programs will come out in early June (see 2202070053).

Congress is throwing “an unbelievable amount of money” at closing the digital divide and policymakers need to stay vigilant as the $65 billion is spent, said former FCC Commissioner Mike O’Rielly at the Incompas Policy Summit Tuesday. Just the $48 billion allocated to NTIA is equivalent to 10 years of USF high-cost support “all condensed into probably two or three years,” he said. “Follow the statute, follow the law,” he advised. “Don’t get sidetracked by anything else.” O’Rielly doesn’t expect the same problems as in 2009 in the Broadband Technology Opportunities Program (see 2111100081). “People are going to be on top of this ahead of the game,” he said. “Deal with the unserved population, those people who have nothing,” he said. As a commissioner he found talking to people who still had dial-up service “a tough conversation to have,” he said. Broadband maps will get “much, much better,” but “they’re never going to get to 100%,” he said. “We have to accept reality,” he said. He predicted the FCC’s release of maps could slip into the fall. O’Rielly said he remains “a huge fan” of satellite broadband. The key to being a successful FCC commissioner is asking questions and knowing the issues, O’Rielly said. “Dig deep into the subject matter -- it’s really dense,” he said. “If you can be convinced by a one-pager, then you’re in the wrong business. As a policymaker, you need get really deep in the weeds and know what’s going on and be able to challenge someone from the other side.” O’Rielly said he has stayed active and likes life since he left the commission, though he joked that leaving wasn’t his choice (see 2009300022). “You adjust, and you have no choice,” he said. “I don’t miss some of the mundane issues at the commission,” he said: “I made a little bit more last year than I’ve ever made in my career, so that’s a good thing.”