US Senate

President Joe Biden signed Sen. John Kennedy’s (R-LA) 5G Spectrum Authority Licensing Enforcement (SALE) Act into law. The legislation will require the Federal Communications Commission (FCC) to release previously auctioned spectrum to expand 5G broadband access to rural communities. The US Senate passed Kennedy’s legislation in September 2023, and the House of Representatives passed Kennedy’s legislation in December.

We write asking you to clarify your recent congressional testimony regarding the Federal Communications Commission’s Affordable Connectivity Program (ACP). At a hearing before the House Energy and Commerce Committee on November 30, 2023, you asserted—without evidence and contrary to the FCC’s own data—that “25 million households” would be “unplug[ged]…from the internet” if Congress does not provide new funding for the ACP. This is not true.

Senator Edward Markey (D-MA) introduced the Eliminating Bias in Algorithmic Systems (BIAS) Act to ensure that every federal agency that uses, funds, or oversees artificial intelligence (AI) has an office of civil rights focused on combatting AI bias and discrimination, among other harms. The legislation would also require every civil rights office to report their efforts to Congress and provide recommendations for congressional action. Many federal agencies lack civil rights offices whose principal mission is to protect vulnerable communities across the United States.

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.

On December 11, 2023, the House of Representatives passed Sen. John Kennedy’s (R-LA) 5G Spectrum Authority Licensing Enforcement (SALE) Act. The bill would require the Federal Communications Commission to release previously auctioned spectrum in order to expand broadband access to rural communities. The US Senate passed Kennedy’s legislation in September 2023. The 5G SALE Act would temporarily grant the FCC auction authority it needs to complete spectrum transfers, which would allow broadband services to provide greater 5G network coverage to Americans in rural areas.

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.