Letter

On January 8, 2024, Federal Communications Commission Chairwoman Jessica Rosenworcel wrote a letter updating lawmakers on the status of the Affordable Connectivity Program (ACP). Launched in 2021 under the Infrastructure Investment and Jobs Act, the Affordable Connectivity Program is the largest internet affordability program in US history, and has enrolled nearly 23 million households, helping close the digital divide by bringing more households online. The FCC expects funding for the ACP to last through April 2024, and

The National Telecommunications and Information Administration (NTIA) met virtually with Federal Communications Commission staff on December 21, 2023 to discuss the Section 706 Report Notice of Inquiry. NTIA expressed its strong support for the FCC’s important work to assess whether broadband is being deployed to all Americans in a reasonable and timely fashion, and offered its assistance as the FCC works to identify appropriate methodologies and data sources for use in conducting this assessment.

This memorandum provides guidance to help agencies advance digital accessibility by maintaining an accessible Federal technology environment, promoting accessible digital experiences, and continuing the implementation of accessibility standards in accordance with Section 508 of the Rehabilitation Act of 1973. Members of the public and Federal employees should have equitable access to government, regardless of ability. The prevalence of information technology and the growing necessity of it in daily life make digital accessibility a continuing imperative for Federal agencies.

We write in response to your testimony at the December 5, 2023, hearing held by the House Subcommittee on Communications and Technology titled, “Oversight of the National Telecommunications and Information Administration (NTIA).” Throughout the hearing, you provided troubling answers that suggested that the NTIA would permit rate regulation by states participating in the Broadband, Equity, Access, and Deployment (BEAD) Program.

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.

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