Legislative Update Agust 2025: News from Trenton & Washington, DC – Changes in the FCC

by Dave Garb, Legislative Committee Chair

Menendez Leads NJ Members in Calling on Commerce Department to Restore Vital Funding for Digital Equity Programs

From OFFICE OF REPRESENTATIVE MENENDEZ:       

On July 29, 2025, Representative Rob Menendez (NJ-08) led Democratic members of Congress from New Jersey in demanding that Secretary of Commerce Howard Lutnick immediately reverse harmful cuts to Digital Equity Act Programs that ensure low-income households, veterans, seniors, and other vulnerable Americans are able to fully participate in the modern economy. 

Menendez and eight members of the New Jersey delegation demanded that the Commerce Department restore $2.75 billion in funding through the Infrastructure Investment and Jobs Act (“IIJA”), more than $20 million of which was expected to benefit New Jersey communities. 

“Continued technological advancements make the internet a vital tool to participate in the modern economy. But this is only possible if we close the digital divide and ensure that everyone across the country has equitable access to all available resources,” said Representative Menendez. “For seniors, low-income households, veterans, and those with disabilities, Digital Equity Act funding was crucial, providing them with the skills, technology, and equipment to fully harness the capability of the internet. It’s simply wrong that the Trump Administration would eliminate this funding, and my colleagues and I are demanding that they immediately reverse course.” 

The IIJA, passed in 2021, appropriated $2.75 billion for the Digital Equity Act of 2021. In 2024, the National Telecommunications and Information Administration approved and recommended more than $18 million for New Jersey to implement its state digital equity plan. The state would have been eligible for an additional $5 million through grant programs. In May 2025, the Trump Administration announced the cancellation of the entire funding appropriated for the Digital Equity Act.

Funding from the Digital Equity Act provided increased access to digital literacy and skills training in public schools and libraries, expanded telehealth access for seniors, workforce education, device distribution, and educational initiatives that improve broadband adoption for seniors, veterans, and individuals with disabilities. 

In addition to Menendez, the letter was signed by Reps. Frank Pallone (NJ-06), Donald Norcross (NJ-01), Herb Conaway (NJ-03), Josh Gottheimer (NJ-05), Nellie Pou (NJ-09), LaMonica McIver (NJ-10), Mikie Sherrill (NJ-11), and Bonnie Watson Coleman (NJ-12). 

          Additional From NATOA

            Timeline in multi-state suit challenging NTIA’s Digital Equity Act grant dismissals:

  • A coalition of 22 states has challenged the Trump administration’s interpretation of a federal grant termination rule that has been used to unilaterally cancel billions in Congressionally authorized funding, including the $2.75 billion Digital Equity Act.
  • Filed June 24 in the U.S. District Court for Massachusetts, the suit targets a provision in federal grant regulations that allows an agency to terminate funding “if an award no longer effectuates the program goals or agency priorities” – the very rationale used by the Trump administration to cancel the DEA.
  • The case, State of New Jersey et al. v. U.S. Office of Management and Budget et al., has not yet reached the stage of oral arguments or evidentiary hearings. But a joint scheduling order issued July 25 set the path forward.
  • The states filed their first major brief on August 4, asking the court to rule on Count I of their complaint, which seeks a declaratory judgment that the administration’s legal justification for canceling grants is invalid.
  • Defendants, representing more than a dozen federal agencies and senior officials, were expected to file their combined motion to dismiss and/or counter-motion for summary judgment by September 11.
  • Final briefs were scheduled through mid-November.

*******************************************************************************************************************************

Lawmakers Open Comment Portal on Future of Universal Service Fund

From BROADBAND BREAKFAST:      

On August 4, 2025 – Sen. Deb Fischer, R-Neb., announced the launch of a public comment portal to gather input on potential reforms to the Federal Communications Commission’s Universal Service Fund.

It is now live on Fischer’s website, was part of a bipartisan, bicameral initiative led by Fischer and Sen. Ben Ray Luján, D-N.M., chair and ranking member of the Senate Subcommittee on Telecommunications and Media.

The Universal Service Fund (USF) is a federal program designed to ensure that all Americans have access to affordable communication services, including telephone and broadband. It’s funded by fees on telecommunications carriers and is administered by the Universal Service Administrative Company (USAC) under the direction of the Federal Communications Commission (FCC)

The USF currently consists of the High-Cost Program, which provides subsidies for affordable phone and internet services in rural areas; the Lifeline Program for discounted service to low-income households; the E-rate Program to connect schools and libraries; and the Rural Health Care Program, which supports telecommunications and broadband services for healthcare providers in rural areas. 

The newly reorganized Universal Service Fund Working Group was collecting public input on how to improve the fund’s transparency, accountability, cost-effectiveness, and overall impact. The request for comment asks the public to weigh in on how they feel program performance and progress should be measured; what reforms would reduce waste, fraud, and abuse in each of the four USF programs; and any other suggestions they may have.

“With our comment portal now open, I look forward to reviewing feedback with the goal of closing the digital divide for unserved and underserved communities across America,” Fischer said.

Comments must be submitted by Monday, September 15, 2025.

*******************************************************************************************************************************

The Protecting Community Television Act, S-1994 / HR-3805

in the beginning of June, Senators Edward J. Markey (D-Mass.), a member of the Senate Commerce, Science, and Transportation Committee, and Tammy Baldwin (D-Wisc.) and Representative Troy A. Carter Sr. (LA-02), member of the House Energy & Commerce Committee, announced the introduction of the Protecting Community Television Act, S-1994 and HR-3805. 

If passed, this legislation would undo rulemaking from the first Trump administration’s Federal Communications Commission (FCC) that effectively limited the resources available for public, educational, and government (PEG) channels.

An updated promo on this has been created by the JAG, so all of us can get the word out once again about these important acts.  Please go to:

Protecting Community Television Acts 2025   &    https://youtu.be/G1PP1E42Kqk

For further Information on the Protecting Community Television Acts please visit the National Association of Counties at: https://www.naco.org/resources/support-protecting-community-television-act

Or visit:

https://www.natoa.org/news/sens-markey-baldwin-rep-carter-announce-legislation-to-protect-public-tv-channels

https://www.markey.senate.gov/news/press-releases/sens-markey-baldwin-rep-carter-announce-legislation-to-protect-public-tv-channels

Please urge your Members of Congress to  pass  the  Protecting  Community Television Acts.

Local Government Telecommunications Policy Checklist for 2025 – 2026
BBK has issued a Call to Action: Impending Threat to Communities’ Property Rights, Revenues and Police Powers Demands Planning and Response from new Telecommunications Legislation and Rules. For more information visit: https://jagonline.org/wp-content/uploads/2025/08/Local-Government-Telecommunications-Policy-Checklist-for-2025-2026.pdf