What Hath Arielle Roth?
Friday, March 28, 2025
Weekly Digest
What Hath Arielle Roth?
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Round-Up for the Week of March 24-28, 2025
The Senate Commerce Committee convened on March 27 to consider Arielle Roth, President Donald Trump's nominee to head the National Telecommunications and Information Administration (NTIA). Committee Chairman Ted Cruz (R-TX) kicked off the hearing voicing his strong support for for Roth: "As folks here know, Arielle is an esteemed member of the Republican staff on this committee. I’m not sure I’ve ever met someone as passionate about telecommunications law and policy as Arielle. Her work ethic is indefatigable and only rivaled by her dedication to public service. If she is confirmed, President Trump’s administration will be blessed to be getting her talents."
Who is Arielle Roth?
In her written testimony, Roth noted that she has dedicated herself serving the United States and ensuring opportunity is accessible to all Americans. She said, "For the past decade, I have been lucky to work on a special kind of access to opportunity—expanding access to high-speed Internet—and assist lawmakers dedicated to advancing innovation, promoting public safety, defending taxpayers, and protecting children online." Roth added that if the Senate confirms her nomination, "I will bring this experience and my understanding of the policy challenges we face today to the work of NTIA."
Originally from Canada, Arielle Roth holds degrees from the University of Toronto and the McGill University Faculty of Law. She began her public policy career as a Communications Assistant in the office of Prime Minister Stephen Harper. She was then a Koch Summer Fellow and Federalist Society intern. From July 2015 to September 2017, Roth was a Legal Fellow with the Hudson Institute's Center for the Economics of the Internet, where she focused on federal telecommunications law and policy. A frequent commenter on Federal Communications Commission (FCC) actions, her articles have appeared in the Federal Communications Law Journal, the Washington Legal Foundation's Working Paper Series, and the American Bar Association's Administrative and Regulatory Law News, as well as in the popular press, such as Forbes Online, The Washington Examiner, CapX, and The Daily Caller. She serves on the Executive Committee of the Federalist Society's Telecommunications and Electronic Media Practice Group.
In 2017, Roth joined the FCC as a Legal Advisor in the Wireless Competition Bureau. Shortly after, she joined the staff of then FCC Commissioner Michael O'Rielly as his Wireline Advisor. Roth's career then moved to Capitol Hill where she worked first for the House Commerce Committee and then as Legislative Counsel for then Senator Roy Blunt (R-MO). In January 2023, Roth became Policy Director for the Senate Commerce Committee under then Ranking Member (and now Chairman) Cruz, who is also originally from Canada.
Roth on BEAD
The NTIA is the administrator of the Broadband Equity, Access, and Deployment (BEAD) Program, established by Congress in the Infrastructure Investment and Jobs Act. During the confirmation hearing, Chairman Cruz noted that BEAD has yet to connect a single American to high-speed internet service.
This is the result of prioritizing partisan requirements like ‘climate resiliency’ and rate regulation over connecting those who are offline. Such requirements—which were never approved by Congress or codified in statute—had virtually nothing to do with BEAD’s intended purpose. Now, we have an opportunity to strip away the fluff and redirect the program back to its core mission of connecting Americans to broadband.
At a Federalist Society event in June 2024, Roth shared her thoughts on Congressional oversight of BEAD:
Instead of prioritizing connecting all Americans who are currently unserved to broadband, the NTIA has just been preoccupied with attaching all kinds of extra legal requirements on BEAD, and, to be honest, a woke social agenda loading up all kinds of burdens that deter participation in the program and drive up costs.... Rate regulation, in particular, requiring states to choose a statewide low-cost, low-income rate is just one of the ways that they've imposed extra legal requirements. There's also climate change regs, union mandates, wholesale access requirements... actually, on the union labor requirement, you're also supposed to prioritize hiring justice-impacted individuals. All kinds of left-wing priorities on the program that just divert resources away from the overall goal of closing broadband gaps. And yeah, no, this is going to make the program less cost-effective and it's going to undermine its goals. I also think it's ironic that you have NTIA imposing all of these...loading it up with all of these burdens...when at the same time they petition the FCC to exempt BEAD projects from the disparate impact rule, so when NTIA's own approach has been so heavy-handed.
Asked why BEAD is necessary when "there's already perfectly good satellite-based service available," Roth answered:
Any technology could be eligible for BEAD subsidies provided that they met the performance requirements in the statute. And instead, NTIA has gone in a totally different direction and imposed extreme tech bias in favor of fiber in the BEAD program, and that's just going to make the program more expensive. A one-size fits-all solution doesn't make sense, just like a one-size statewide rate doesn't make sense if states have different and diverse topographies. Texas certainly does. And we shouldn't be straying from the guiding principle of technology neutrality that's increased competition and choice and reduced prices for American consumers and made us all more prosperous.
In her testimony, Roth stressed that "NTIA has a responsibility to ensure that [BEAD] funds are spent efficiently, expeditiously, and consistent with the law as written by Congress. I look forward to working with members of Congress on both sides of the aisle to ensure that the BEAD program is a success and lives up to its bipartisan legacy."
Earlier this month, U.S. Commerce Secretary Howard Lutnick, who oversees the NTIA, launched a review of the BEAD Program. Since all states and territories have approved BEAD plans, many states have begun selecting internet service providers (ISPs) to deploy networks, and four states have completed their ISP selection process, many are worried about NTIA —under Secretary Lutnick and Ms. Roth's leadership—changing BEAD guidelines. Many of the questions Roth got from senators addressed these concerns.
Roth repeatedly said that her priority for BEAD will be to deploy broadband networks to all remaining unserved locations as "expeditiously" as possible. That may raise eyebrows because Secretary Lutnick has apparently floated changes that would shift BEAD away from the deployment of fiber networks, which can take some time, and toward the deployment of low-earth orbit (LEO) satellite networks, which can happen more quickly, albeit with less capacity. Secretary Lutnick apparently told NTIA staff to increase BEAD's reliance on LEO and singled out LEO service offered by Starlink, a company owned by Trump Administration official Elon Musk.
In response to a question from Chairman Cruz, Roth committed to not favoring any technology or company for BEAD awards. She said she'd work to ensure BEAD benefits the American people. However, when asked by Democrats on the committee about preserving states' flexibility to choose the technology that works best in their communities, Roth was non-committal. She also would not give a timeline for the review of the BEAD Program but said she'd want to do it, again, expeditiously. Answering a question from the Committee's Ranking Member, former Chair Maria Cantwell (D-WA), Roth would not commit to the state-by-state BEAD funding allocations announced by President Joe Biden in 2023. The allocations were derived by a Congressionally-mandated formula based on the number of unserved and underserved locations in each state. Roth's dodge on the allocations could worry states about the funding that will be available for deploying networks.
Steps Toward Confirmation
The March 27 hearing ended with very little input from Republican senators on the committee. Sen Bernie Moreno (R-OH) did ask about ensuring that non-traditional ISPs participate in BEAD, asked that both LEO and fixed-wireless access technologies be employed, and sought guarantees that no BEAD funds would be used in areas receiving other federal broadband deployment funds. Senators John Thune (R-SD), Roger Wicker (R-MS), Deb Fischer (R-NE), Jerry Moran (R-KS), Dan Sullivan (R-AK), Marsha Blackburn (R-TN), Todd Young (R-IN), Ted Budd (R-NC), Eric Schmitt (R-MO), John Curtis (R-UT), Tim Sheehy (R-MT), Shelley Moore Capito (R-WV), and Cynthia Lummis (R-WY) all skipped the hearing.1 The lack of participation may mean these senators have already made up their minds and will support the nomination.
The same day as the hearing, Senator Thune led his Republican colleagues in a letter to Secretary Lutnick requesting the removal of "extraneous" Biden-era regulations as Secretary Lutnick conducts his BEAD review. In particular, the senators asked Lutnick to remove:
- Labor requirements that disadvantage rural communities,
- Provisions favoring government-owned networks over private investment,
- Guidelines that prioritize certain technologies over others,
- Broadband rate regulation, and
- Climate change mandates.
The letter is signed by Chairman Cruz as well as Senators Wicker, Fischer, Moran, Blackburn, Young, Budd, Schmitt, Curtis, Moreno, Sheehy, and Lummis—all members of the Senate Commerce Committee.
Thune, the Senate Majority Leader, also praised Roth on the Senate floor on March 27: "Roth is very familiar with the burdens that have weighed down the BEAD program. I am looking forward to working with her to remove these barriers to broadband deployment after she's confirmed."
We expect to see shortly a notice announcing an executive session of the committee at which the nomination will be voted on. Assuming a favorable vote, the nomination will advance and compete for Senate floor time for a vote. That could happen as early as mid-April.
Notes
- Some Democrats on the committee also did not show to ask questions of the nominee: Brian Schatz (D-HI), Tammy Duckworth (D-IL), Jacky Rosen (D-NV), Ben Ray Luján (D-NM), and John Fetterman (D-PA).
Quick Bits
- Feinman: BEAD staffers ‘constantly concerned’ in current climate
- Musk’s Broadband Satellites Have Long-Term Costs, States Say
- Commerce Secretary’s Proposal to Prioritize Satellite Over Fiber Internet Would ‘Strand’ Rural Communities, Experts Say
- Musk Is Positioned to Profit Off Billions in New Government Contracts
- DOGE cuts allow Musk to cash in with SpaceX and Starlink contracts, ex-workers warn
- Starlink’s rapid global rollout complicated by Elon Musk’s ties to President Donald Trump
Weekend Reads
- Broadband Stakeholders Identified Various Challenges Affecting Broadband Deployment
- So You Want BEAD to Be Tech Neutral?
- A Comprehensive Assessment of America’s Infrastructure
- USDA Strips DEI From Rural Programs
ICYMI from Benton
- Is LEO the “Benefit of the Bargain” for BEAD?
- House Republicans Propose Changes to the BEAD Program
- Breaking Biden’s Broadband Boom
- When Fiber is Too Expensive for BEAD, NTIA OKs Plans for Wireless, LEO
- Cruz Creating Detours on the Road to Internet For All
- How Anchor Institutions Became Critical Players in Addressing Universal Service Goals
- Small Wins, Big Impact: Advancing Digital Equity for Older Adults
Upcoming Events
- April 9—SHLB Coalition Reception (Schools Health & Libraries Broadband Coalition)
- Apr 10––The DOJ v. Google Saga Continues: What’s at Stake in the Search Remedies Trial? (Information Technology & Innovation Foundation)
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