Roth Confirmation Hearing Shines Spotlight on Broadband Access and Spectrum Issues
- Arielle Roth, nominee for Assistant Secretary of Commerce for Communications and Information, appeared before the Senate Committee on Commerce, Science, and Transportation for her confirmation hearing on March 27. If confirmed, Roth would serve as the administrator of the National Telecommunications and Information Administration.
- The confirmation hearing largely focused on the ongoing debate around the $42.5 billion Broadband Equity, Access, and Deployment program, with senators on both sides of the aisle asking Roth to commit to various components of the program.
Overview
On March 27, the U.S. Senate Committee on Commerce, Science, and Transportation held a confirmation hearing for Arielle Roth, tapped by President Donald Trump to serve as the Assistant Secretary of Commerce for Communications and Information under Department of Commerce Secretary Howard Lutnick. In this role, Roth would take on the position of Administrator of the National Telecommunications and Information Administration (NTIA) and serve as the President’s advisor on spectrum and telecommunications policy. The hearing, led by committee chairman Senator Ted Cruz (R-TX) and ranking member Senator Maria Cantwell (D-WA), covered a range of communications issues, including broadband access, spectrum allocation, digital equity, supply chain, workforce, artificial intelligence (AI) and privacy.
Roth has a significant amount of experience in the telecommunications industry. She currently serves as Senator Cruz’s telecommunications policy director and has previously worked as a wireline advisor for then Commissioner O’Rielly at the Federal Communications Commission (FCC or Commission) and was detailed to the House Committee on Energy and Commerce.
The BEAD Program
Given NTIA’s role in administering the Broadband, Equity, Access, and Deployment (BEAD) program, a $42.5 billion fund authorized by the Infrastructure Investment and Jobs Act, most of the senators posed questions to Roth regarding her views on the program. Generally, Roth reiterated her view that she “wants access to broadband for all Americans” and that she will “administer the program to the benefit of the American people.” In response to a question by Senator Lisa Blunt-Rochester (D-DE) regarding the future approach for those three states (DE, LA, NV) that already received NTIA approval of their Final Proposals, Roth stated her goal was to provide broadband “to every single state as expeditiously as possible.” Senator Cantwell also asked for Roth’s commitment to leave unchanged the amount of BEAD funding allocated to each state. Roth stated that she will abide by the law and that she could not commit to any specific outcome since she has not been confirmed. Relatedly, Senator Tammy Baldwin (D-WI) discussed the “rigorous review” of the BEAD program that was announced by Secretary Lutnick and her concern that it would delay approved projects. Roth, in response, reiterated her commitment to ensuring the efficient and expeditious administration of the program, but when pressed by Senator Ed Markey (D-MA) about whether states would have to pause their programs and what a timeline would be for Lutnick’s review, she did not commit to a specific timeline.
The senators also questioned Roth on the BEAD program’s policies governing the type of technology that should be used in projects, with an emphasis on whether to increase the use of satellite to connect unserved locations. Senator Cruz stated that he would want to remove the “thumb on the scale” that the Biden administration placed regarding fiber as the preferred technology to deploy under BEAD, citing how the statute is “tech neutral.” Senator Cruz then asked for, and received, Roth’s commitment to administer and deploy the BEAD program without favor to any particular technology, individual or company. Senator Markey asked Roth specifically whether satellite connectivity options such as Starlink were the most cost-efficient method of achieving BEAD’s goals—citing his view that while satellite is a low-cost option in terms of barriers to entry, the long term maintenance costs of satellite are high in comparison to the cost of fiber. Roth reiterated her commitment to abide by the law in administering the statute, and following this discussion, Senator Cruz challenged Senator Markey’s proposition, arguing that the Biden administration unfairly blacklisted Starlink from BEAD opportunities because of partisan politics. Senator Bernie Moreno (R-OH) referred to the issue as it relates to ensuring Low Earth Orbit (LEO) satellites are included in BEAD deployment, asking how “nontraditional” technologies can be used in hard-to-reach areas of the countries. Roth repeated that she looks forward to implementing a technology neutral approach to see what solution works for different rural areas across the country. In response to Senator Cantwell’s questions on the same topic, Roth stated that the United States needs to take an “all of the above solution” to broadband access and affordability for all Americans.
National Security and Spectrum Sharing
Senator Cruz discussed his proposed legislation—the Spectrum Pipeline Act—to require NTIA to identify government midband spectrum that can be used more efficiently and then reallocated for commercial use and sought Roth’s commitment to expand commercial access to spectrum while protecting national security. Roth agreed, stating that “national security needs to be paramount in any discussion over expanding access to spectrum.” Senator Cruz mentioned President Trump’s plan to build an ‘Iron Dome’ system, and how the United States can identify spectrum for this system that also coexists with commercial use of the spectrum. Roth affirmed her optimism regarding the ‘Iron Dome’ plan and stated that she is willing to work with all parties to find a solution that would protect American national security.
Senator Cantwell focused her inquiries on NTIA’s technical expertise and its importance in dealing with telecommunications policy development. Roth stated that NTIA needs “a mix of different expertise to address the tremendous challenges that we face on spectrum and getting broadband connected.” Senator Cantwell also asked about national security and public safety issues and NTIA’s role in coordinating a federally used spectrum, referring to problems arising from federal agencies jamming spectrum while testing certain systems. Roth agreed that NTIA has an important role in this situation, and stated that coordinating spectrum use and national security issues is an “essential part of the interagency process.”
Senator Cantwell also mentioned dynamic spectrum sharing, and how Congress should approach the Department of Defense studies of the lower 3 gigahertz (GHz) band and the 7/8 GHz band. Roth committed to reviewing the studies and ensuring that “any allocation of spectrum should take national security into account.”
Senator John Hickenlooper (D-CO) asked Roth about finding ways to reform the Spectrum Relocation Fund to incentivize federal agencies to share spectrum where possible. Roth cited her desire to work with Congress on finding “efficiencies where possible, consistent with national security.” In this vein, Senator Hickenlooper also asked whether NTIA would maintain its close collaboration with the FCC through existing memorandums of understanding regarding spectrum coordination and Roth supported this request, stating that “NTIA has historically maintained a close relationship with the FCC.”
Other Telecommunications Issues
Senator Amy Klobuchar (D-MN) asked about Roth’s commitment to administering the Universal Service Fund (USF), and Roth stated that she would be happy to work with the Senator on getting affordable broadband to all Americans, although she noted that the FCC administers the USF program. She also stated, in response to further questions, that she would be happy to work with Senator Klobuchar on looking into spectrum auctions whose proceeds could be used to modernize the nation’s 911 infrastructure.
Senator Moreno sought commitment from Roth that she would ensure broadband programs are not duplicating funding across federal programs. Roth cited her experience from her previous roles and promised that she would make sure that programs are appropriately coordinated across the federal government. Senator Moreno also asked about NTIA’s role in ensuring United States interests are effectively promoted at the 2027 World Radiocommunication Conference, especially given the current strength of Chinese interests. Roth indicated that NTIA would work to develop unified positions expeditiously to promote American interests at the upcoming conference.
Senator Andy Kim (D-NJ) asked Roth about her views on telecommunications supply chain issues and the competitiveness of the United States in response to the growth of China. Roth agreed that the United States is in a “global technology race” with China, in which supply chain security is very important, and that getting the United States to have the best broadband networks will help in that race. Senator Kim also requested Roth’s commitment to children’s online privacy, and Roth committed to working with Congress on the issue.
Another topic of interest was supporting digital literacy, reducing digital divides, and implementing digital workforce training and development. Senator Blunt-Rochester specifically asked if Roth would support efforts to implement the provisions of the Digital Equity Act. Roth committed to abiding by the law and ensuring Americans have the resources they need. Senator Markey supported this effort, stating that all Americans should benefit from the digital revolution.
Senator Hickenlooper brought up the issue of AI, and Roth responded that “America’s leadership in AI is very important” and a way to resolve the demand that AI will place on the nation’s spectrum availability is by “expanding spectrum access and finding efficiencies.”
Confirmation Process and Takeaways
The Senate Commerce confirmation hearing for Roth served as a preview of congressional views on broadband access, spectrum allocation, and other important telecommunications issues. However, while Republicans strongly support Roth, some of the committee’s Democrats, speaking with reporters after the hearing, expressed discontent with Roth’s responses regarding BEAD deployment and are undecided in how they will vote on her confirmation. Specifically, Senators Cantwell, Baldwin and Klobuchar all indicated their dissatisfaction with Roth’s vague answers when asked about potential changes to the BEAD program. Even if these Senators vote against Roth she is still likely to be favorably voted out of committee and confirmed by the Senate.
Akin continues to monitor this space for any new developments. Please do not hesitate to reach out if you have any questions.
