The House Committee on Energy and Commerce is the oldest standing legislative committee in the U.S. House of Representatives and is vested with the broadest jurisdiction of any congressional authorizing committee. The committee's Subcommittee on Communications and Technology has broad jurisdiction over:

• Electronic communication, both interstate and foreign, including voice, video, audio, and data, whether transmitted by wire or wirelessly, and whether transmitted by telecommunications, commercial or private mobile service, broadcast, cable, satellite, microwave, or other mode;
• Technology generally;
• Emergency and public safety communications;
• Cybersecurity, privacy, and data security; and
• The Federal Communications Commission, the National Telecommunications and Information Administration, and the Office of Emergency Communications in the Department of Homeland Security.

As the 119th Congress convenes, the House's legislative and oversight agenda for all things broadband will likely start and live with this panel. Here we look at changes in leadership in this key committee and how the priorities of these new leaders may impact broadband policy.

New Chair of the House Commerce Committee

In February 2024, House Commerce and Energy Committee Chair Cathy McMorris Rodgers (R-WA-5) announced that she would not seek reelection for her seat in Congress. Rep. Brett Guthrie (R-KY-2), who most recently chaired the committee's Subcommittee on Health, vied against Rep. Bob Latta (R-OH-5), chair of the Subcommittee on Communications and Technology, for the gavel of the full committee. 

On December 9, Rep. Guthrie announced that his Republican colleagues had chosen him to be the next Chairman of the House Commerce Committee. Chairman Guthrie promised to deliver on President Trump and House Republicans’ America First agenda, which includes restoring America’s energy dominance and lowering energy prices, protecting children’s online safety and ensuring America remains the world leader in technological innovation, protecting access to life-saving treatments while lowering health care costs, restoring the American Dream for hard-working families.

Concerning telecommunications, Rep. Guthrie notes:

Rep. Guthrie claims a number of legislative accomplishments in telecommunications including:

• The Secure and Trusted Communications Act (H.R. 4998) strengthens the security of U.S. telecommunications networks by removing and replacing untrusted equipment. This bill was signed into law on March 12, 2020, and was fully funded on December 27, 2020. Rep. Guthrie was an original co-sponsor of the bipartisan House legislation.
• The Beat China by Harnessing Important, National Airwaves for 5G Act of 2020 or The Beat CHINA for 5G Act (H.R. 8545) helps boost connectivity, close the digital divide, and keep America’s competitive edge against China in 21st–century technologies by making more spectrum available to deploy 5G technology. This bill was signed into law on December 27, 2020.
• The American Competitive of a More Productive Emerging Tech Economy Act, or American COMPETE Act (H.R. 8132), which includes the Countering Online Harms Act and the Advancing Blockchain Act introduced by Rep. Guthrie, helps ensure American leadership in emerging technologies. This bill was signed into law on December 27, 2020.

As far back as 2018, Rep. Guthrie has stressed the need for accurate broadband maps. With former-Rep. Bill Johnson (R-OK), Rep. Guthrie introduced the Making Available Plans to Promote Investment in Next Generation Networks without Overbuilding and Waste (MAPPING NOW) Act. The legislation would have required the National Telecommunications and Information Administration (NTIA) to update the National Broadband Map, identifying areas that lack broadband internet access. “This legislation is very simple, yet necessary,” said Congressman Johnson. “Before a rural broadband buildout can be completed, it is imperative to know which areas of America are unserved and underserved.

New Chair for Subcommittee on Communications and Technology

On December 20, Chairman Guthrie named Rep. Richard Hudson (R-NC-09) to be Chairman of the Subcommittee on Communications and Technology for the 119th Congress, saying, "Under Congressman Hudson's leadership, the Communications and Technology Subcommittee will close the digital divide for rural America, affirm U.S. leadership in next-generation telecommunication networks, and protect our critical communications infrastructure from adversarial attacks."

Chairman Hudson said, "I look forward to working with President Donald Trump, Chairman-Elect Brett Guthrie, and members of the committee to advance strong, commonsense policies that promote innovation, streamline federal regulations, and bridge the digital divide."

Rep. Hudson has served in Congress since 2013. In the 118th Congress, Hudson was elected by his colleagues to House Republican leadership as the Chairman of the National Republican Congressional Committee (NRCC). Originally formed in 1866, NRCC supports:

• the election of Republicans to the House through direct financial contributions to candidates and Republican Party organizations;
• technical and research assistance to Republican candidates and Party organizations;
• voter registration, education and turnout programs; and
• other party-building activities. 

In 2021, Rep. Hudson introduced the Federal Broadband Deployment Tracking Act, a bill to streamline the burdensome process of deploying broadband on federal lands. The legislation would have required the NTIA to submit a plan to Congress within 180 days of enactment describing how it would track the acceptance, processing, and disposal of requests for communications use authorizations on Federal real property, how they would implement that plan, any barriers to that plan, and how to increase transparency to requesting parties seeking a communications use authorization on Federal real property. In 2023, the legislation was reintroduced—by Reps. August Pfluger (R-TX-11) and Darren Soto (D-FL-9), not Hudson—and the bipartisan legislation unanimously passed through the committee and the full House before Congress adjourned in December 2024.

Also in 2021, Rep Hudson introduced the 21st Century Broadband Deployment Act which would have established two grant programs at the NTIA and award up to $20 billion and $3 billion each over 5 years. These grant programs would have required the NTIA to use maps created by the FCC to ensure that federal broadband reaches unserved and rural areas. The programs would have promoted public-private partnerships that have streamlined permitting processes so that federal support paid for broadband expansion, not red tape.

In July 2022, Rep. Hudson led an official effort by House Republicans to obtain communications between President Joe Biden, Vice President Kamala Harris, NTIA, the FCC, and the U. S. Department of Agriculture concerning recently created broadband programs including:

• the Connecting Minority Communities Pilot Program established under the Consolidated Appropriations Act, 2021,
• the Tribal Broadband Connectivity Program established under the Consolidated Appropriations Act, 2021 and amended by the Infrastructure Investment and Jobs Act,
• the State Digital Equity Capacity Grant Program established under the Infrastructure Investment and Jobs Act,
• the Digital Equity Competitive Grant Program established under the Infrastructure Investment and Jobs Act,
• the Enabling Middle Mile Broadband Infrastructure Program established under the Infrastructure Investment and Jobs Act, and, in the greatest detail,
• the Broadband Equity, Access, and Deployment (BEAD) Program established under the Infrastructure Investment and Jobs Act. For the BEAD Program, Rep Hudson specifically sought communication relating to:
  • the definition of reliable broadband service;
  • rate regulation;
  • the definition of unserved areas that may be served by fixed wireless using unlicensed spectrum; and
  • use of the Federal Communications Commission's National Broadband map.

The House Commerce Committee rejected Hudson's resolution.

A New Vice Chair for the Subcommittee on Communications and Technology

Chairman Hudson will be joined by new Subcommittee Vice Chair Rick Allen (R-GA-12). "Congressman Allen's deep expertise of our nation's telecommunications system will help propel our country into the next generation economy. I look forward to working with Rick to close the digital divide for rural America, affirm U.S. leadership in next-generation telecommunication networks, and protect our critical communications infrastructure from adversarial attacks," said Chairman Guthrie when announcing the appointment.

Rep. Allen said:

In May 2023, Rep. Allen introduced the BEAD FEE Act. The legislation would have restricted recipients of BEAD Program grants from charging fees related to the deployment of broadband infrastructure. Generally, the bill would have prohibited grant recipients from charging fees for considering requests for deploying broadband infrastructure or using or accessing land, or existing infrastructure on land, that is owned or managed by a state, territory, or locality (i.e., a right-of-way) to deploy broadband infrastructure. However, the bill would have permitted recipients to charge fees if they are nondiscriminatory, publicly disclosed, and based on actual and direct costs. Additionally, BEAD recipients would have to describe the fees in a manner that distinguishes between (1) recurring and nonrecurring fees, and (2) using a right-of-way with and without existing infrastructure.

Around the same time, the Washington Times published an op-ed by Rep. Allen outlining his proposed reforms to accelerate the build-out of high-speed connections. He pointed to the Precision Agriculture Satellite Connectivity Act (H.R. 1339), a bill that would require the FCC to review its current satellite rules to determine if changes can be made to promote precision agriculture. He also argued for the need for streamlining permitting to help make BEAD network deployments more efficient. Finally, Rep. Allen is a big proponent of Georgia's broadband mapping and has urged the FCC to incorporate the state's data into the National Broadband Map.  

Agenda 2025

One pillar of Project 2025 is the Heritage Foundation's 180-day Transition Playbook—called Mandate for Leadership—which includes a transition plan for each federal agency. The Mandate's chapter on the U.S. Department of Commerce includes the following recommendation to "assist the next President in implementing a bold agenda to deliver economic prosperity and strong national security": 

• Set fresh priorities in broadband grant programs. Reevaluate broadband grant programs and, when possible, establish Administration priorities in how each grant is structured. First and foremost, widespread deployment of infrastructure is needed for 5G adoption in rural and exurban areas, which will be a key factor in future economic competitiveness for these underserved communities.

Given Chairman Hudson's previous role in oversight, the Subcommittee on Communications and Technology may act quickly to collect information from the NTIA, FCC, USDA, and U.S. Treasury about the major federal broadband programs. 

Specifically concerning NTIA's BEAD Program, Congress and the new Administration may pursue changes in rules concerning:

• a preference for fiber-based broadband networks,
• a requirement for BEAD-funded networks to offer at least one low-cost service option,
• encouragement that states adopt selection criteria relating to the subgrantee’s enforceable commitments with respect to advancing equitable workforce development and job quality objectives, and 
• accounting for current and future weather- and climate-related risks to new infrastructure projects.

Related Coverage:

• Project 2025's Plan for the NTIA
• Project 2025: Brendan Carr's Agenda for the FCC

The Benton Institute for Broadband & Society is a non-profit organization dedicated to ensuring that all people in the U.S. have access to competitive, High-Performance Broadband regardless of where they live or who they are. We believe communication policy - rooted in the values of access, equity, and diversity - has the power to deliver new opportunities and strengthen communities.

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