Nomination Hearing – Assistant Secretary of Commerce for Communications and Information

Chairman Ted Cruz (R-TX)SPEAKER_10

This hearing will come to order. Today, I'm delighted to say that we are considering the nomination of Arielle Roth to be the Assistant Secretary of Commerce for Communications and Information. If confirmed, Ms. Roth will lead the National Telecommunications and Information Administration, the NTIA, at the Department of Commerce, and will advise the President on telecommunications and information policy. As folks here know, Arielle is an esteemed member of the Republican staff on this committee. I'm not sure I've ever met anyone 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 great talents. For more than 2 years, Arielle has done an exceptional job as our telecommunications policy director. She has led our efforts to promote affordable connectivity, to protect the taxpayer against wasteful spending, and to promote economic innovation in telecom. And as a mother, she's been a tireless advocate for protecting children from excessive screen time and online harms. If confirmed, Arielle will play an integral role in the management of the federal government's use of the electromagnetic spectrum. She will work closely with federal agencies to protect critical uses of spectrum, whether for national defense, weather forecasting, or transportation, while identifying opportunities to free up spectrum for commercial use. As I've stated before, American leadership in spectrum is vital to the security of global telecommunication networks, our own national security, and our economic success. NTIA also plays a crucial role in administering billions of dollars for federal broadband programs, like the Broadband Equity, Access, and Deployment, the BEAD program. Due to inaction and ideological hand-wringing by the previous administration, to date, BEAD has not connected even a single American to high-speed internet service. Hear that again: $42 billion to connect zero human beings. This is the result of prioritizing partisan requirements like, quote, "climate resiliency" and rate regulation over actually 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 to redirect the program back to its core mission of connecting Americans to broadband. Arielle's qualifications show that she is the right person for this job. Her telecommunication experience dates back to her time as a legal fellow at the Hudson Institute's Center for Economics of the Internet. Then, for 4 years, Ms. Roth served at the Federal Communications Commission as the wireless advisor for then-Commissioner Michael O'Rielly. Ms. Roth next turned to Congress, where she worked on telecommunications policy at the House Energy and Commerce Committee and later as legislative counsel to our friend Senator Roy Blunt, a long-serving former member of this committee who has come back to join us today. Simply put, her experience both in Congress and at the FCC makes her ideally suited to lead NTIA. I have received letters of support for Ms. Roth from major telecommunication groups representing sectors from radio to internet to broadband. I wholeheartedly support her confirmation and look forward to hearing more about her approach to managing NTIA. And I would note that she is joined by her beautiful family, her husband, her five children, and number six, which could arrive at any time, including during this hearing. And so I'm going to ask all of my colleagues to be gentle unless we have to call our colleague Roger Marshall to deliver a child during a confirmation hearing. But, but, but I'm hopeful the timing won't be exactly—

Ranking Member Maria Cantwell (D-WA)SPEAKER_05

thought he was an ophthalmologist.

Chairman Ted Cruz (R-TX)SPEAKER_10

No, no, no, no, no. Roger's delivered like 5,000 babies.

Senator Amy Klobuchar (D-MN)SPEAKER_00

That's Rand Paul.

Chairman Ted Cruz (R-TX)SPEAKER_10

Don't call Rand. That might

Senator Amy Klobuchar (D-MN)SPEAKER_00

not be the move.

Chairman Ted Cruz (R-TX)SPEAKER_10

Rand would do eye surgery, which would not be the right response, but Roger would be up to the task. And with that, I recognize the ranking member for her opening remarks.

Ranking Member Maria Cantwell (D-WA)SPEAKER_05

Thank you, Mr. Chairman. And congratulations on your nomination. Welcome to your family, all coordinated there, and this crucial role that NTIA plays in administering billions of dollars in broadband expansion and managing the use of federal spectrum. You have a good advocate next to you who we miss having here on the committee, and we look forward to hearing from Senator Blunt in a few minutes. Ms. Roth, I expect to have a very substantive conversation about your vision and priorities for NTIA and want to hear from you about your plans for leading this agency. You have worked on and spoken publicly about many of these issues for several years, so I expect we can have that robust discussion. The $42 billion BEAD Equity, Access, and Deployment program, I'm sure, is top of mind for many members here today, as it is for me. But just to clarify, when Senator Wicker and I were working together as the chair and ranking member for this committee, we did not pass this legislation out of committee. It was worked by a group of bipartisan members on the Senate floor. I think it's safe to say that both Senator Wicker and I objected to that process because we thought the committee of jurisdiction should be listened to and that there would be some haphazardness with the program as it then would be implemented. In my home state, where Microsoft has better broadband maps than the FCC, it's frustrating to my constituents. But we do not agree with Secretary Lutnick's announcement to just clear out the changes to the broadband program. One of the proposals in the broadband program we think is being worked successfully is the Middle Mile program by our colleagues Senator Rosen and others that was also sponsored by myself and Senator from West Virginia, because we think that fiber broadband is a really good solution for lots of different reasons, certainly on the security level. So we do believe that changes could undermine the goals of helping states achieve these goals and connect all their residents. I hope that you will commit today to allowing states to proceed, not just Washington or states like Delaware, Nevada, and Louisiana, which are ready to do shovel-ready projects, but hear from you about how you see those plans being carried out. My concerns about delays and uncertainty of the program is that while Elon Musk and others have solutions in the marketplace, they certainly have been deployed in my state. People want to understand and make sure there are not conflicts of interest there, and want to understand how those policies and prospects are going to be dealt with. I'm also concerned that President Trump's tariffs will impact the cost of materials and ultimately cost us more in driving up broadband costs. A new study by PricewaterhouseCoopers indicates that the proposed tariffs could cost about $126 billion or more across the technology and telecommunications sector. Ultimately, tariffs mean higher costs, and higher costs mean the dollars won't go as far. Also, the Tribal Broadband Connectivity Program is of great interest. It's critical to advancing broadband deployment on tribal lands, as well as important internet adoptions and skill rates. 19 tribes in Washington have received funds from the Tribal Broadband Connectivity Program to ensure that high-speed, reliable internet is affordable across tribal Indian country. So there is also about $1 billion left to award, and NTIA must expeditiously, in my opinion, award those tribal dollars. Mr. Chairman, there's many times that this committee and the Indian Affairs Committee go back and forth over this, and I would say that the summation of this has been a lot of frustration about telecom policy not getting carried out in Indian Country, and then there being the more directive $2 billion program that was part of the BEAD package saying to NTIA, no, no, no, you do this; we want direct accountability. So we will want to hear about that direct accountability in Indian Country. There are other issues that we'd like to hear about, particularly on the issue of cybersecurity and cyberattacks, including the one at Sea-Tac Airport and the nationwide Salt Typhoon attack. These are just only increasing in frequency. NTIA is also responsible for managing spectrum, as you mentioned, Mr. Chairman. And this job that Ms. Roth is seeking will serve as the president's principal advisor on these issues. I've long advocated for an evidence-based approach to spectrum management and the many challenges we face. During the first Trump administration, the race to bring spectrum to commercial market without proper studies or interagency coordination, most notably auctioning of the C-band for 5G without coordination with the FAA—the risk of this interference and confusion that it means to grounding flights is something we need to avoid in the future. We also need to have a clear conversation about our national security interests, and I know that this is something that Ms. Roth has had a lot of attention on, as here in the committee we've had a discussion about mid-band spectrum. So look forward to asking you about how we preserve our national security agenda. That is why I believe that the NTIA administrator on this issue is so critically important. There's a lot to do to achieve security and competitiveness for our nation. Thank you, Mr. Chairman.

Chairman Ted Cruz (R-TX)SPEAKER_10

Thank you. I now recognize our friend and former colleague, the senator from the great state of Missouri, Roy Blunt. And I would note that when he was here, one of the things that Senator Blunt took the lead on was renovating this hearing room. And as Ranking Member Cantwell observed, he built this fancy dais with all this high-tech here. And she said she suggested at the time we should put a plaque naming this the Blunt Dais. And I think that is an excellent idea, and I am hereby instructing my staff to make it happen, because it's a great idea. And with that, Senator Blunt, you are recognized to introduce the nominee.

Chairman Ted Cruz (R-TX)SPEAKER_10

take that as a friendly amendment.

Chairman Ted Cruz (R-TX)SPEAKER_10

Thank you, Senator Blunt. I will now recognize Ms. Roth for her opening statement, and she is welcome to say anything she likes, but the one thing that is mandatory is she is obliged to introduce her beautiful family.

Arielle RothSPEAKER_06

Will do. Chairman Cruz, Ranking Member Cantwell, distinguished members of the Senate Committee on Commerce, Science, and Transportation, I am deeply humbled to testify before you today and grateful to President Trump for nominating me to serve our great nation as Assistant Secretary of Commerce for Communications and Information. It's a particular honor to testify before the Senate Commerce Committee. I have tremendous respect for this committee's accomplished members, hardworking staff, and record of bipartisan work. Over the past 4 years, I've been fortunate to work for 2 esteemed public servants on this committee. Chairman Cruz, working for you to advance economic growth, innovation, and the rule of law has been an extraordinary privilege. Senator Blunt, thank you for your mentorship in pragmatism, bipartisanship, and civic virtue. I've also had the honor of working for some of the most principled and respected experts in the telecom field, former FCC Commissioners Harold Furchtgott-Roth and Mike O'Rielly, and former Chief of the Wireline Competition Bureau Kris Monteith. Of course, none of these opportunities would have been possible without the support of my family. My parents, Dr. Markey and Peggy Rabinovich, who are here today, instilled in me values of compassion, gratitude, perseverance, and community service. My husband and soulmate, Yaakov, is the most incredible husband and father. Our children, Samson, Nina, Gefen, Rory, and Judah, are my life's greatest blessings, and I thank God every day for the privilege of being their mother. I have experienced firsthand the incredible opportunities America has to offer. This country has given me and countless others the freedom to pursue our dreams and build a better country for the next generation. As a person of deep Jewish faith, it is moving to me to offer my testimony on the eve of Passover, the holiday in which we celebrate the triumph of freedom over tyranny. Our rabbis teach us that true liberation comes not just from physical freedom, but from spiritual freedom achieved through the pursuit of wisdom, education, and ethical action. It's in this spirit that I dedicate myself to the service of our country and ensuring opportunity is accessible to all Americans. For the past decade, I've 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. It's been my privilege to work on bipartisan legislation like the AM Radio for Every Vehicle Act with Senator Markey, the SAT Streamlining Act with Senator Rosen, the Low Power Protection Act with Senators Wyden and Klobuchar, and the Kids Off Social Media Act with Senator Schatz. If confirmed, I will bring this experience and my understanding of the policy challenges we face today to the work of NTIA. One of the most pressing tasks ahead of us is ensuring that we finish the job of expanding broadband access to unserved communities. Thanks to Congress's historic bipartisan investments in the Infrastructure Investment and Jobs Act, NTIA has a responsibility to ensure that these funds are spent efficiently, expeditiously, and consistent with the laws 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. I am also committed to harnessing the potential of our nation's spectrum resources while safeguarding national security. As the president's primary telecommunications and spectrum advisor, NTIA's leadership is pivotal in ensuring our nation's economic prosperity, technology leadership, and national security. NTIA also plays an important role in shaping US positions before international standard-setting bodies, and it's essential that these decisions reflect US interests. I look forward to working with NTIA's distinguished career staff, from whom I've learned so much over the past few years, to advance these policies. Finally, one of the most pressing communications issues facing our nation today is one that's close to home: how to protect children from online threats and excessive screen use. As a mother of 5, God willing, soon to be 6, I know firsthand what a struggle it can be to monitor and limit kids' internet and screen time. If confirmed as NTIA Administrator, I will look for ways to support the administration on addressing these challenges for parents and children. I look forward to working with members of Congress, Commerce Secretary Lutnick, and other key stakeholders to advance these important policies, and I'm eager to contribute to the continued growth and success of our nation's communications networks. Thank you again for the opportunity to speak with you today. I am grateful for your consideration and look forward to answering your questions.

SPEAKER_UNKNOWN

Is— did you wear a pink tie,

Ranking Member Maria Cantwell (D-WA)SPEAKER_05

Blunt?

Chairman Ted Cruz (R-TX)SPEAKER_10

Before you're excused, Senator Blunt, I will say the ranking member asked if you also wore a pink tie to be in complete

Chairman Ted Cruz (R-TX)SPEAKER_10

Yeah,

Chairman Ted Cruz (R-TX)SPEAKER_10

Well, thank you. All right, we'll start with questioning. As I noted in my opening statement, your extensive policy experience is impressive and makes you eminently qualified to lead NTIA. I appreciate your many years of public service, including your very hard work as a part of my team here on this committee. Why don't we start with this: Why do you want to be the Assistant Secretary of Commerce for Communications and Information?

Arielle RothSPEAKER_06

Thank you, Senator. Expanding access to communications and technology is extremely meaningful work. It's lifted people out of poverty, it's fostered innovation, it's expanded opportunities for speech and information. NTIA has an incredible opportunity to deliver on these goals through broadband, through spectrum, as well as through advising the President on internet policy. I am driven to ensure that NTIA succeeds in these missions.

Chairman Ted Cruz (R-TX)SPEAKER_10

As you noted, the NTIA is the lead agency for managing federal spectrum, including critical mid-band spectrum. Over the past several years, Majority Leader Thune, Senator Blackburn, and I have collaborated on a bill that would require NTIA to identify a clear pipeline of mid-band spectrum that can be used more efficiently and, following feasibility studies and established processes, allow for commercial use. To lead the world in 5G and 6G, to bolster our economy, and to ensure that it is America, and not China, that sets the technology standards of the future, we must expand commercial access to mid-band spectrum. Will you commit to working closely with me and with this committee to expand commercial sector access to spectrum while at the same time protecting U.S. national security interests?

Arielle RothSPEAKER_06

Absolutely, Senator. National security needs to be paramount in any discussion over expanding access to spectrum. I'm optimistic that by working together— we have the brightest minds in the country— we can find a path forward to advance our international technology leadership while protecting national security.

Chairman Ted Cruz (R-TX)SPEAKER_10

As you know, President Trump has called for the United States to have its own Iron Dome missile defense system. The Defense Department says they need every ounce of spectrum that they currently occupy and they cannot coexist with commercial users in their vast spectrum holdings, particularly if they need to build an Iron Dome system. What is your judgment? Can DOD build an Iron Dome and coexist with commercial spectrum users?

Arielle RothSPEAKER_06

Thank you, Senator. First, at the outset, I thank God for the Iron Dome system. I have family in Israel and it's it's saved their lives. So I would never do anything to jeopardize our ability to develop such a system here at home. And I am optimistic that by working together, we have some of the brightest minds of this country working on spectrum, working on feasibility studies, that we can find a way forward and have such a system at home without endangering national security.

Chairman Ted Cruz (R-TX)SPEAKER_10

As you know, NTIA administers the BEAD program, a $42 billion broadband deployment program authorized by Congress under the Infrastructure Investment and Jobs Act. During the last administration, NTIA saddled BEAD with a variety of extraneous and burdensome requirements. As a result, after nearly four years, not a single American household has been connected to the internet. In a departing screed to his colleagues, Biden's head of BEAD claimed that climate, labor, and other requirements, quote, were inserted by the prior administration for messaging political purposes and were never central to the mission of the program. I agree they were never central to the mission, but it appears that the Biden mission was to avoid connecting even a single American household, to which I say mission accomplished. That's over now. Will you commit to working closely with this committee to remove these extraneous requirements and refocus the BEAD program on its actual purpose, which is connecting Americans to broadband in a cost-effective and timely manner?

Arielle RothSPEAKER_06

Yes, Senator. At the outset, I want the BEAD program to be a success. I want to connect every remaining American who currently lacks access to high-speed internet as expeditiously, efficiently, and effectively as possible. I believe that we can deliver on this goal, and I'm committed to it.

Chairman Ted Cruz (R-TX)SPEAKER_10

Now, some in the media and some perhaps even in this room want to convince the American people that fixing BEAD is part of some dark and sinister plot to benefit Elon Musk by opening up the program to Starlink. And I would put the former head of BEAD in that camp as well.

SPEAKER_UNKNOWN

Uh,

Chairman Ted Cruz (R-TX)SPEAKER_10

Yet rightsizing BEAD may involve removing the thumb on the scale that the Biden administration placed in favor of fiber. And doing so is simply following the law as Congress wrote it. BEAD was written to be tech neutral. America's a big country. While fiber might make sense in some areas, hybrid fiber, fixed wireless, and yes, even satellite-based internet might be a smarter choice in other areas. That's not grift, it's good government. It's basic common sense. Americans have waited long enough to get connected. It's time to do it, and we must use every tool in the kit to get broadband deployed as quickly and efficiently as possible. Will you commit to overseeing the BEAD program with an eye towards deploying broadband without favor to any particular technology, individual, or company?

Arielle RothSPEAKER_06

Absolutely, Senator. If I'm confirmed, my mission will be to deliver broadband to the American people, uh, it not to serve any individual or company.

Chairman Ted Cruz (R-TX)SPEAKER_10

Thank you. Ranking Member Cantwell.

Ranking Member Maria Cantwell (D-WA)SPEAKER_05

I'm going to I defer to my colleagues who have questions. Okay.

Chairman Ted Cruz (R-TX)SPEAKER_10

Senator Klobuchar.

Senator Amy Klobuchar (D-MN)SPEAKER_00

Thank you. Thank you very much. Welcome, Ms. Roth. I enjoyed our discussion in the car as I was driving around Minnesota last week, and I've especially enjoyed your very well-behaved kids. I note that your son asserting his independence with reading the book the entire time was some memory of my own daughter at that age, except she would sit in the front row, I'd be giving a speech, and she would read the book like this. So, you have you have accomplished much that that is not happening. So, I did enjoy working with you. I know you worked with our staff on not just the Low Power Protection Act, but also Brand USA with Senator Blunt, the STURDY Act, as well as all the work that we did on travel and tourism. So, thank you for that. I wanted to follow up on some of the questions on the broadband bill. I never really liked that BEAD name, but I just call it the broadband bill. And I know that my state and many others have invested a lot of energy and capital in complying with the current rules, as they should do, and that we do not want to start from scratch. We don't want to delay this anymore, and we just are worried that anything that would make it more disruptive would be problematic. And if confirmed, how will you ensure that states, including Minnesota, can proceed with their broadband plans as expeditiously as possible?

Arielle RothSPEAKER_06

Thank you, Senator. I realized there was one other bill we worked on together, Virginia Graeme Baker.

Senator Amy Klobuchar (D-MN)SPEAKER_00

Oh, that was a big deal. Yeah. Swimming pools. It actually saved a lot of lives. Yes. With— yeah, that was a big deal.

Arielle RothSPEAKER_06

No Thank you, Senator. If I'm honored to be confirmed, my primary objective would be to get broadband buildout to every last American as expeditiously as possible. I think that we've— it's been three, more than three years since the IIJA was passed. I think there's frustration that we haven't made significant progress in getting shovels in the ground. We don't have a single location connected yet. I want to solve that, and I want to get broadband to everyone in America and every single one of your constituents.

Senator Amy Klobuchar (D-MN)SPEAKER_00

Okay, very good. Um, I understand the desire to strip out any needless requirements from the programs, but we must not, in the words of, uh, one of the people in the last administration dealing with this, strip away from states the flexibility to get the best connections for their people. Uh, if confirmed, would you implement a spending cap on the program? And if so, at what threshold would you set it?

Arielle RothSPEAKER_06

Thank you, Senator. I agree that we should be stripping out red tape and bureaucracy of the program to get the program on track and expedited. In terms of a spending cap, I would want to speak with NTIA's distinguished career staff to know what, if any, authority NTIA has. I don't I don't have any— I would want to I would want to confer with NTIA's distinguished career staff.

Senator Amy Klobuchar (D-MN)SPEAKER_00

Okay, Universal Service Fund. We talked about this on the phone. Care a lot about this. Senator Thune and I have done some work on this together. Supreme Court just had their arguments on this. I won't ask you to predict what happened, but it appears there was some concern about throwing out the fund. As we discussed, we have to continue to ensure that we maximize federal resources dedicated to expanding broadband access. I've been working across the aisle to strengthen funding mechanisms for USF, which allows for providers to connect the most hard-to-reach areas to high-speed internet. If confirmed, would you work with me and others on the committee to expand the funding base for universal service?

Arielle RothSPEAKER_06

Thank you, Senator. NTIA doesn't administer the USF. That's the domain of the FCC. Of course, there's a lot of overlap between broadband programs, and I look forward to working with the FCC on the goal of delivering broadband to all Americans and coordinating our efforts. And I would be happy to work with you on on any efforts in that domain.

Senator Amy Klobuchar (D-MN)SPEAKER_00

Okay. Last, I know the chairman asked you about the spectrum funds. I chair the 911 Caucus, am co-chair of it, and I've led legislation with Senator Cortez Masto to modernize America's 911 system for obvious reasons. People are no longer just dialing in from landlines, and they want to send photos of—firefighters get pictures of burning buildings on their phones so they can be safer in the specs and which part they enter in a building. Do you believe Congress should leverage spectrum auctions to help modernize our 911 infrastructure?

Arielle RothSPEAKER_06

Thank you, Senator. As a parent who's had to dial 911 before—and God forbid, everything was okay and I only had to do it once—I know how important it is to have a properly working 911 infrastructure. I know there's challenges in rural areas. I'd be happy to work with you. Ultimately, Congress decides where spectrum auction proceeds go.

Senator Amy Klobuchar (D-MN)SPEAKER_00

Okay, thank you.

Chairman Ted Cruz (R-TX)SPEAKER_10

Thank you.

Senator Amy Klobuchar (D-MN)SPEAKER_00

Thank you, Senator Cantwell.

Chairman Ted Cruz (R-TX)SPEAKER_10

Senator Baldwin.

Senator Tammy Baldwin (D-WI)SPEAKER_07

Thank you, Mr. Chairman and Ranking Member. Ms. Roth, it was lovely to meet with you and talk about your vision for NTIA. I want to start by talking about the BEAD program also. It was established in the Bipartisan Infrastructure Law, and NTIA and all 50 states have been working to implement BEAD to bridge the digital divide in the United States. I was proud to help work to make sure that Wisconsin received an adequate sum. We received an award of just slightly north of $1.1 billion in BEAD funding to expand access to high-quality, high-speed internet. Just last month, Wisconsin ended the application period for the first round of BEAD funding, and we are very excited to keep on moving ahead. But at the beginning of this month, Commerce Secretary Lutnick announced a rigorous review, as he said, of the BEAD program, and I'm concerned that this rigorous review could slow down our progress to deliver broadband access. So as administrator, will you commit to ensuring that states are able to continue to move forward with approved BEAD plans without interference from this new administration?

Arielle RothSPEAKER_06

Thank you, Senator, and thank you for meeting with me. If confirmed, my goal with the BEAD Program would be to get broadband to every last unserved American as expeditiously as possible. I would hope that any review of the BEAD Program would be done quickly with an eye to expediting deployment. It's not just about expediting paperwork, expediting funding, but ultimately expediting deployment. And if there are ways that we can expedite the shovels-in-the-ground side of the program, I would want to find such ways.

Senator Tammy Baldwin (D-WI)SPEAKER_07

Thank you. Our chairman asked you a little bit about administering BEAD without favor to any particular technology or company, and I'd like to inquire a little bit more deeply because the Secretary has talked about this rigorous review of BEAD, and there is some indication that there may be suggestions to give more favor to satellite technology in terms of connecting people with high-speed internet. So how are you going to ensure that you are administering this, again, without favor to a particular technology or company, particularly one that is overseen by somebody who has a very outsized role in this administration, Elon Musk, especially if the Secretary is pushing you in that regard?

Arielle RothSPEAKER_06

Thank you, Senator. If confirmed, as I said to Chairman Cruz, if I'm fortunate to be confirmed, I will administer the program to the benefit of the American people, not any single individual or company. I believe that Congress wrote the BEAD program legislation in a tech-neutral manner, and tech-neutral goes both ways, just like we wouldn't want to have only one technology like fiber as the only solution, nor would a separate technology be the only one that would be funded by the program.

Senator Tammy Baldwin (D-WI)SPEAKER_07

When we met, we talked about Buy America requirements that are in the BEAD and in the entire infrastructure, bipartisan infrastructure law. And I got a chance to tell you a little bit about some of the jobs that have been created in Wisconsin because of the last administration's action being proactive to use our Buy America, Build America rules to bring jobs to the United States. Can you commit to enforcing the Buy America rules and requirements at NTIA?

Arielle RothSPEAKER_06

Thank you, Senator. Advancing American manufacturing is is very important, and if confirmed, I would want to find a way forward to deliver on the goal of advancing American manufacturing and an America First policy that this administration has supported with the goal of building out broadband as expeditiously as possible. And I would look forward to working with your office on this issue.

Senator Tammy Baldwin (D-WI)SPEAKER_07

When waivers exist or are sought, what approach would you take in reviewing waivers of the Buy America requirement?

Arielle RothSPEAKER_06

Thank you, Senator. I will always abide by the law. As I haven't been confirmed, I'd like to have the chance to discuss that with the agency's esteemed experts. But I absolutely look forward to working with your office to ensure that that process abides by the goals of both Buy America as well as the BEAD Program.

Senator Tammy Baldwin (D-WI)SPEAKER_07

Mr. Chairman, I've run out of time.

Chairman Ted Cruz (R-TX)SPEAKER_10

Thank you, Senator Kim.

Senator Andy Kim (D-NJ)SPEAKER_04

Thank you, Chairman.

Chairman Ted Cruz (R-TX)SPEAKER_10

Oh, I apparently I skipped Senator Moreno. I didn't. I looked down and it was empty, and you snuck in stealthily. I should warn you the United Kingdom apparently has a problem with ninjas, and we may have a ninja on this committee. So, Senator Moreno, and then Senator Kim.

Senator Bernie Moreno (R-OH)SPEAKER_08

It's just, for the record, proof that the Cubans and Colombians have a long history of animosity, but I don't blame them. They had a little island. We had a whole continent, so it's good. We have better coffee. They get very upset by that. But first of all, congratulations. And I think to the staff who's sitting around the table, does enormous amounts of work, and you put in all the hard hours and you wonder, what am I doing? I think you're an inspiration to all of them, despite your choice of which Senate office you worked for. Congratulations to being in that position. It's got to be really cool for you to do this. And again, also, thank you for being willing to serve your country the way you're doing it. Just some quick questions. How is NTIA, in your mind, ensuring that its broadband investments aren't duplicating funding from dozens of other federal programs?

Arielle RothSPEAKER_06

Thank you, Senator. This is an issue I've thought about and worked on my career in telecom. I think GAO reported that there's 130 different broadband programs across the federal government. Coordination is is really important. It would be one of my goals, and if if I'm fortunate to be confirmed as administrator, I would also welcome the opportunity to work with your office on this issue.

Senator Bernie Moreno (R-OH)SPEAKER_08

That'd be great. And at the last World Radiocommunication Conference, many criticized the U.S. delegation for disorganization. Many say this allowed China to pursue their aims at the conference unfettered. As NTIA provides expertise in the delegation, what will you do to support the World Radiocommunication Conference efforts?

Arielle RothSPEAKER_06

Thank you, Senator. It's a really important issue with the World Radiocommunication Conference coming up in 2027. It's two years away, but we need to develop unified positions expeditiously. NTIA has a role to play in that. And the reason that's important is because we don't if we don't develop those unified positions and we don't have a seat at the table, our adversaries will lead the discussion in favor of their equipment makers and manufacturers, potentially to the detriment of American equipment makers and manufacturers and those that serve America.

Senator Bernie Moreno (R-OH)SPEAKER_08

Makes sense. And, and with technologies like Starlink rapidly expanding, we're seeing that service all throughout rural Ohio, dramatically less expensive to put up a $200 receiver than a $2 million fiber cable up a mountain. Do you see that expanding service to remote areas at lower costs and faster development times? How's NTIA incorporating non-traditional low Earth satellite-based solutions into its long-term broadband strategy, like I said, especially in these hard-to-reach areas?

Arielle RothSPEAKER_06

Thank you, Senator. Technology has come a very long way in delivering broadband. I think Congress Congress wanted a technology-neutral approach to the BEAD Program. It served our country well. It also recognizes that we're a diverse country, diverse geographically, and not every solution is going to work in every state or every area. And I look forward to, if confirmed, ensuring that states have the resources that they need to deliver broadband in a manner that serves their their constituents.

Senator Bernie Moreno (R-OH)SPEAKER_08

Yeah, it'd be great to get you to Ohio because we need a lot of parts of rural Ohio connected. We'd love to get you out there and visit once you're confirmed. Last question would be: How does NTIA plan to increase engagement with private industry, including competitive carriers and nontraditional broadband providers, to meet deployment goals more efficiently?

Arielle RothSPEAKER_06

Senator, I look forward to delivering on the goal of expediting broadband deployment through the BEAD Program, getting every last American connected, and that includes an all-of-the-above solution. I look forward to working with your office to achieve that goal.

Senator Bernie Moreno (R-OH)SPEAKER_08

Well, perfect. Well, again, thank you for, uh, your willingness to serve. You're supremely qualified for the job, and I urge all of my colleagues on both sides of the aisle to confirm you quickly so we can get you in there to get to work.

Arielle RothSPEAKER_06

Thank you.

Chairman Ted Cruz (R-TX)SPEAKER_10

Thank you, Senator Moreno. Now Senator Kim.

Senator Andy Kim (D-NJ)SPEAKER_04

Yeah, thank you, Chair. Thank you, Ms. Roth, for coming before us. I actually just wanted to build off of something that the chairman said in his opening remarks. He talked about making sure that America, not China, is setting the tech standards around the world, especially in the telecom space. And I guess I just want to start with a big-picture question. How would you characterize US competitiveness right now in the telecom space vis-à-vis China? I just want to get your understanding of where that stands right now.

Arielle RothSPEAKER_06

Thank you, Senator. I think we're in a global technology race against China. We need to ensure that we don't fall behind, because if we do, that'll lead to more situations to address like rip and replace, Salt Typhoon. We desperately need to ensure that we win the global technology race, and part of that is ensuring that we have the best and fastest broadband networks in the world from which we can build innovation and remain the global technology leaders.

Senator Andy Kim (D-NJ)SPEAKER_04

One of the biggest challenges that we faced and saw in recent years was just China's aggressiveness when it came to 5G, in terms of the deployment of Huawei around the world. What do you think are the lessons that we should have been taking away from that? And how would you in this job try to make sure that we're pushing forward and thinking about how to strengthen American innovation at a time of such competitiveness?

Arielle RothSPEAKER_06

Thank you, Senator. I think there's a lot of ways we can do that, ensuring that our spectrum policy is as efficient as possible so that we can have the best wireless innovation in the world. And it's also ensuring that all Americans have access to digital opportunity. And delivering on the requirements of the BEAD Program is one way to do that.

Senator Andy Kim (D-NJ)SPEAKER_04

One of the things that that we were able to move forward on is this $1.5 billion Public Wireless Supply Chain Innovation Fund that is at NTIA. I just wanted to ask, I'm not sure if you've really thought this through in terms of what your vision would be in terms of that particular fund. It's something that I've been very interested in terms of how we can use this to potentially scale up trusted telecommunications supplies, and not just in the United States, but abroad. But just wanted to see if you've given that some thought so far.

Arielle RothSPEAKER_06

Thank you, Senator. Yeah, supply chain security is very important in winning the global technology race, and I'm very familiar with that program and the goals of that program in combating Huawei and ensuring that our networks are safe. And I look forward to abiding by the law. That program was signed into law, and I look forward, if I'm confirmed, look forward to working on it with you and your office.

Senator Andy Kim (D-NJ)SPEAKER_04

Look, one thing to keep an eye out if you're confirmed here is there's been talk about what is the future of the CHIPS and Science Act, and this particular fund was one that came through that legislation. So I do have concerns in terms of about what the future is of that type of innovative spur that we were trying to unleash. So that's something I just wanted to flag for you. And just in general, just thinking about how we can increase our competitiveness, our innovation, but also better protecting ourselves to try to prevent foreign adversaries from being able to exploit our U.S. telecommunications networks as well as the supply chains, as you mentioned. So that's something that I'm hoping we're able to work together on. Last thing I just wanted to flag, just switching gears, I'm a father of a 7-year-old and a 9-year-old. I see your beautiful family here as well. The Chairman mentioned in his opening remarks that you've been instrumental in thinking about protecting privacy for kids with the work on this committee. I guess I wanted to just ask for your thoughts here. Just, can you speak to how you'll try to advance that sense of privacy for our children with the work you do as Assistant Secretary?

Arielle RothSPEAKER_06

Thank you, Senator. I agree privacy is incredibly important. NTIA doesn't have a regulatory role on privacy. NTIA is an advisor to the president on it.

Senator Andy Kim (D-NJ)SPEAKER_04

And what do you think the president should focus in on when it comes to privacy for kids?

Arielle RothSPEAKER_06

Um, Senator, I, you know, I I'm not at the agency yet, and I'd like to, you know, have a chance to figure out what the agency is working on, speak to the distinguished career staff. But it's certainly an issue that I would, I would want to work on, and I would look forward to working with your office.

Senator Andy Kim (D-NJ)SPEAKER_04

Yeah, look, as I said, you know, if confirmed, you know, I hope this is something that we can really lift up. I think, you know, a lot of parents are just beside themselves right now and just would like to see some strong action. And I think You know, having, having a young mom, you know, taking the charge on this, I think that would be a really strong signal to this country. Thanks a lot. And with that, I yield back.

Chairman Ted Cruz (R-TX)SPEAKER_10

Thank you, Senator Blunt Rochester.

Senator Lisa Blunt Rochester (D-DE)SPEAKER_01

Thank you, Mr. Chairman, and thanking Ranking Member Cantwell. Welcome, Ms. Roth, to you and your family, and congratulations on your upcoming new family member. I thought I was going to be the last one to speak so that we didn't have any breaking news here today, but more are coming in. I just wanted to kind of pick up where a lot of my colleagues left off on the BEAD program and just how you can tell from the fact that across the aisle, everyone is very much interested in making sure that our country is connected. In Delaware, we set a goal to become the first state in the nation to be fully connected to high-speed internet with the funding from the BEAD program, and we will be able to accomplish that goal with this program. And I hope I can count on you. I've heard you say and committed to others as well that you will expeditiously turn this goal into a reality and commit to the funding being received as quickly as possible, particularly because Delaware, Louisiana, and Nevada are three states that actually have gone through all the steps. We are right there, completed the whole process, and NTIA actually approved our plan to connect many of the underserved households and businesses in our state. And that was approved at the beginning of this year. So, just wanted to again encourage you, as one of your first opportunities, to make sure, particularly those plans that have been approved, that you will take a look at them. Can I get that commitment?

Arielle RothSPEAKER_06

Absolutely. One of my priorities, if confirmed as NTIA administrator, would be to get broadband to every single American as expeditiously as possible.

Senator Lisa Blunt Rochester (D-DE)SPEAKER_01

Thank you. And many of the states, we've submitted these plans, but we are different. We are diverse. We crafted those plans based on experts in our states and local municipalities, and we hope that you'll be considering the uniqueness of those, like whether or not some of the characteristics might just be our terrain. Whether it's skyscrapers or mountains, whether it's forests or farms, we're different. And so will you commit to allowing states with approved plans to choose the broadband delivery technology that works best for their individual situations?

Arielle RothSPEAKER_06

Thank you, Senator. I certainly recognize that we have a diverse country with diverse geography, and an all-of-the-above solution doesn't— a one-size-fits-all solution doesn't necessarily make sense. That's why we need an all-of-the-above solution to delivering broadband, and I look forward to working with your office on that.

Senator Lisa Blunt Rochester (D-DE)SPEAKER_01

Thank you so much. I want to turn to the Digital Equity Act, which, as you know, was part of the Infrastructure Investment and Jobs Act. More and more, we're seeing technology be prevalent in our lives. I mean, literally, you go—whether it's the doctor's, whether it's the the school classroom, it's really important that we have digital literacy and that we bridge the digital divide. Our HBCU Delaware State University was one of the folks that received—one of the organizations that received funding for high-speed internet access for training and workforce development related to digital literacy. But we also have our Department of Labor that would provide IT training as well. They are still waiting on their funding. Will you commit to supporting this program as enacted?

Arielle RothSPEAKER_06

Senator, in the Infrastructure Investment and Jobs Act, Congress committed to ensuring that the broadband internet is affordable for all Americans and that Americans have the resources and skills they need to connect. I will abide by the law.

Senator Lisa Blunt Rochester (D-DE)SPEAKER_01

Great. Thank you. A definition that was in that act of the covered populations, for some, has included controversy, but I just want to clarify that in the law, it's low-income, seniors, veterans, people with disabilities, and people in rural America. And I think that's really important because all of us are affected by this. Our ability to shop, our ability to even read and go to school, as I said, is really important. So I am glad that you are committed to this. And then lastly, I'd love to shift to cybersecurity. In the 9 seconds I have, I'll ask a question for the record, but this too is also a priority for us, and I'm looking forward, should you be confirmed, to work with you on this issue as well, particularly around the workforce, because I think that's a huge issue for us. So thank you, and I yield back.

Chairman Ted Cruz (R-TX)SPEAKER_10

Thank you, Senator Markey.

Senator Ed Markey (D-MA)SPEAKER_11

Thank you, Mr. Chairman. It's good to see you again, Ms. Roth. Along with the $42.5 billion that Congress provided for the broadband program known as BEAD, we also provided nearly $3 billion to help ensure all Americans have the skills and the knowledge to participate in the online world. Those funds are critical to ensure that all Americans can benefit from the digital revolution. In Massachusetts, for example, residents express difficulties finding jobs online and obtaining other important services. This funding will help close those gaps. Ms. Roth, if confirmed, will you commit to fulfilling NTIA's legal obligation to provide the money authorized and appropriated by Congress for this program?

Arielle RothSPEAKER_06

Senator, I will always abide by the law. And also, thank you so much for meeting with me in your office. It was such an honor to meet with someone who has had such an influence on on my career with so many pieces of legislation that that you authored in the telecom sector. Thank

Senator Ed Markey (D-MA)SPEAKER_11

You. And glad to help to provide employment for you and so many others at the Federal Communications Commission over the years. And thank you for that. I'm glad to hear that. Many of my colleagues have raised the Trump administration's ongoing review of the BEAD Program and the impact of any potential changes of the program. Massachusetts has been allocated $147 million in BEAD funding and began accepting applications from providers in January. Just yesterday, Arkansas announced results from their second round of their application process. Other states are in a similar position. Given the Commerce Department's review, should states just stop accepting applications and indefinitely pause their program and just save the money?

Arielle RothSPEAKER_06

Thank you, Senator. As I haven't been confirmed yet, I haven't had a chance to confer with NTIA's career staff, and I haven't been involved in the review process. I would hope that any review conducted by NTIA is expeditious with the goal of expediting buildout.

Senator Ed Markey (D-MA)SPEAKER_11

Yeah, well, will you commit to a quick timeline for when the review will be complete?

Arielle RothSPEAKER_06

As I haven't been confirmed, I'm not in a position to commit to a specific timeline, but I will commit that my goal would be a very expeditious timeline.

Senator Ed Markey (D-MA)SPEAKER_11

That's great, because I am very worried that changes to the program will cause serious delays in deploying broadband right as states are ready to get shovels in the ground. So now I'd like to talk about a specific change that the Trump administration appears to be pushing for BEAD: turning the program into a subsidy for Elon Musk's Starlink under the guise of making the program, quote, technology neutral. The Trump administration may eliminate the program's preference for fiber and make satellite providers like Starlink eligible for BEAD funding in all circumstances. Ms. Roth, do you support that change?

Arielle RothSPEAKER_06

Senator, as I've said before, I would administer the law consistent with the statute and to the benefit of the American people, not for any specific individual or company. I do believe that Congress wrote the law in a technology-neutral manner, and that means an all-of-the-above solution that recognizes different realities across different parts of the country.

Senator Ed Markey (D-MA)SPEAKER_11

Let's be clear. The BEAD Program never excluded satellite broadband, but it did limit it. It did limit it to areas where fiber was excessively expensive. That is in the law. And that's because while satellite broadband may be cheaper to deploy in some locations in the short term, it costs far more to service and maintain in the long run. So, Ms. Roth, do you agree that fiber is a cheaper technology in the long run?

Arielle RothSPEAKER_06

Senator, I would want to confer with NTIA's career staff before assessing a specific product or technology. And I look forward to working with you to ensure that Massachusetts gets what

Senator Ed Markey (D-MA)SPEAKER_11

needs. It's not just Massachusetts, it's the whole country, because this satellite versus fiber question is very central. And according to a Bloomberg article yesterday, for example, one state official found that fiber would save households $15,600 over a 30-year period. And I ask that article be included in the record, Mr. Chairman. Without objection. So, Ms. Roth, I strongly urge you to oppose this giveaway to Elon Musk and ensure that the BEAD program delivers for all Americans and that we not adopt a more costly approach, because that surely will drain the funding that could have been used more efficiently. So I thank you, Mr. Chairman, and I yield back.

Chairman Ted Cruz (R-TX)SPEAKER_10

I thank the senator from Massachusetts. And I would note that in 4 years, the Biden administration managed to connect zero households with the $42 billion that Congress gave them. And one of the reasons was the Biden administration, I think, engaged in petulant and partisan politics by blacklisting Elon Musk and Starlink, which is technology that could have connected particularly households in distant rural places. And I think it was purely partisan. And I would note, we saw this underscored just last week when two American astronauts finally came back from the International Space Station when SpaceX flew them back, and Elon offered months ago to fly them back. And because the Biden administration suffered from Elon Derangement Syndrome, they stranded our astronauts in space for many months rather than accept the only ride back that could bring them from the station.

Senator Ed Markey (D-MA)SPEAKER_11

If the senator would yield. Sure. I thank you. So, to the extent to which the Biden administration did authorize last July to contract with SpaceX in order to complete that mission, I think we should note that it began in the Biden administration. And to the extent to which, if we do move forward now with deployment of the BEAD Program, all I'm asking is, if that be the case, that we just do it in the most efficient way. That's something that Elon would want.

Chairman Ted Cruz (R-TX)SPEAKER_10

On that, we are agreed.

Senator Ed Markey (D-MA)SPEAKER_11

And if it's clear that it's fiber and not Starlink, that that be the approach which is taken by the administration, because if we do it that way, we'll save more money for the consumers over time. Looking forward, let's look forward. Let's look to the future and and our opportunities.

Chairman Ted Cruz (R-TX)SPEAKER_10

You know I'm a pushover when you do your JFK impression.

Senator John Hickenlooper (D-CO)SPEAKER_09

Thank you.

Senator Ed Markey (D-MA)SPEAKER_11

Thank you, Mr.

Chairman Ted Cruz (R-TX)SPEAKER_10

Senator Hickenlooper.

Senator John Hickenlooper (D-CO)SPEAKER_09

Thank you, Mr. Chair. Thank you, Ms. Roth. I appreciate the time you spent carved out for us in the office. Let's start with the Spectrum Relocation Fund. The SRF provides funding to the federal government to research the feasibility of modifying and, if necessary, upgrading federal systems that use spectrum. But it's limited to only reimbursing a federal agency for necessary costs to update a system of comparable capability. Many federal agencies have stated that the SRF limits their ability to upgrade their systems that use spectrum and continue fulfilling their missions. So, Ms. Roth, do you believe that SRF could be reformed to better incentivize agencies to share or reallocate spectrum? So why or why not?

Arielle RothSPEAKER_06

Thank you, Senator, and thank you for meeting with me in your office. I think we should be trying to find efficiencies where possible, consistent with national security. And I'm aware of debates of over SRF and how to make it more effective. I would be an honor to work with your office on this issue.

Senator John Hickenlooper (D-CO)SPEAKER_09

Great. Well, I think that's something we're eager to do, and I appreciate your openness to that. My chance to talk about BEAD, as we all do, and we talked about a little bit in the office. Obviously, many projects, but broadband especially saw significant investments from the Bipartisan Infrastructure Law, and I think we believe that improvements can be made, maintain the community input, but improve the permitting process, again, like we've heard from various of us moving things along. What's your view on how NTIA can help states address permitting issues that may come up as BEAD projects begin construction? As you're aware, Colorado is kind of a model child in that sense that we have satellite, we have fiber, and then we have normal cell towers.

Arielle RothSPEAKER_06

Thank you, Senator. As I said, expediting the program and specifically expediting buildout would be my priority if confirmed. And permitting is certainly one thing that I would want to look at as a potential solution to expediting the buildout side. It can also make the deployment of broadband less costly. And, and that's, that's what we want, is to get the best bang for the taxpayer's buck so that our dollars are stretched as far as possible so that we can deliver broadband to all Americans in an expeditious and efficient manner.

Senator John Hickenlooper (D-CO)SPEAKER_09

I think that's exactly the right approach. And there is certainly a backlog and a— it's a little bit like watching the the mongoose going through the python. It's kind of blocked up for a while, but now hopefully it'll start going very, very quickly and get that money spent wisely. Again, back to spectrum and a little bit about interagency coordination. Many would argue that there's always room for improvement when federal agencies are trying to work together. It doesn't— it's not a natural condition of the species. In recent years, the FCC and the NTIA updated a memorandum of understanding that was— goes all the way back. It was first signed in 2003, goes all the way back relative to planning and coordination of spectrum. What are your plans, or how do you see us doing the best job to maintain close communications with the FCC to ensure that these spectrum decisions are evidence-based and will hold up over the long term?

Arielle RothSPEAKER_06

Thank you, Senator. NTIA has historically maintained a close relationship with the FCC. That's something I would certainly want to continue if I'm fortunate to be confirmed as NTIA Administrator. And part of that would be certainly reviewing the memorandum of understanding if there's improvements to be made in NTIA and FCC's coordination, it's something I would be honored to work on.

Senator John Hickenlooper (D-CO)SPEAKER_09

Great. And then one last question, which you won't be able to answer completely, but I think relative to your position, assuming that you are confirmed to the NTIA, there's a rising tide of issues around AI and AI development, the data center growth, how that affects energy demand. How would you position NTIA to help facilitate resolution of those challenges?

Arielle RothSPEAKER_06

Thank you, Senator. AI is very important, and America's leadership in AI is very important. To ensure that we remain the global leader in AI and don't cede that leadership to our adversaries, I think one way to advance that is through expanding spectrum access and finding efficiencies, because AI is going to place increased demand on our networks. And so any efficiencies that we can find consistent with national security will in the long run protect our country and our global technology leadership.

Senator John Hickenlooper (D-CO)SPEAKER_09

Great. Thank you so much. And I appreciate how concise your answers are. If you can run the agency that concisely, there'll be good things ahead. Thank you. I yield back to the chair.

Chairman Ted Cruz (R-TX)SPEAKER_10

Thank you, Senator Peters.

Senator Gary Peters (D-MI)SPEAKER_02

Thank you, Mr. Chairman. Ms. Roth, good to see you, and congratulations on your nomination to serve as the assistant secretary. And it's nice to see that your family is here as well. Not easy to corral all of that, but you're able to do it. So, congratulations. I believe that one of our biggest achievements over the past few years was indeed the the passage of Broadband Equity, Access, and Deployment Program, the BEAD Act, which has been coming up quite a bit during this hearing. Coming from Michigan, this is certainly a critical program. It's been a massive undertaking. Michigan has embraced it and believe that it'll connect everyone with the fastest, most reliable internet possible. Right now, Michigan is nearing the end of its procurement process to identify providers who will bring broadband to over 368,000 underserved locations across my state. And I believe we can't move backward with the program. To that end, I've got a couple of questions for you, and you can just Talk about concise. You could answer it yes or no, so you could be very concise with it. First question is, if confirmed, will you oppose changes to the BEAD Program that would require states to restart subgrantee process that is currently underway, something that I would believe would lead to over a year of delays? So would you oppose those? Yes or no?

Arielle RothSPEAKER_06

Senator, as I haven't been confirmed, I'm not in a position to make a specific commitment. I will commit to you that I would work to expedite the program as much as possible so that Michiganders gain access to broadband as quickly as possible.

Senator Gary Peters (D-MI)SPEAKER_02

Okay, well, we'd want to work with you, if confirmed, to make sure that that indeed happens. You have previously discussed the BEAD program's tech neutrality. That neutrality, as you know, is already built into the program. Starlink and other satellite internet companies will be eligible to be as part of the Michigan procurement process. However, and this is a big however, up until now, states have been able to exercise the judgment as to when they can get underserved communities the most reliable, the fastest, the most cost-effective internet possible, which is often often fiber optics. Depends on the area, depends on how rural you are, a lot of factors. But the states are making those decisions based on the unique characteristics there. So my question for you again—yes or no would work—if confirmed, will you continue to allow states to make a call about which technology they believe will best serve the communities in their individual state?

Arielle RothSPEAKER_06

Thank you, Senator. I believe that one of the reasons that the BEAD Program has been so slow to roll out is because of excessive bureaucracy imposed by the federal government. I would hope that we could remove some of that red tape to get the program in a position to deploy as quickly as possible.

Senator Gary Peters (D-MI)SPEAKER_02

So can I take from that answer you say get rid of the red tape, let states make that decision, the federal government shouldn't insert themselves in that?

Arielle RothSPEAKER_06

If confirmed, I would certainly want to work with all of the state broadband offices to better understand their needs and to ensure that the program is serving the interests of of each state and not subjecting them to excessive red tape.

Senator Gary Peters (D-MI)SPEAKER_02

So red tape being federal government dictating to a state, you would not— you would not want to see that. That would— that doesn't sound what I'm hearing from you. A state should be able to decide their own, correct? You could be real concise. Yes or no?

Arielle RothSPEAKER_06

I would. I will abide by the law, Senator. And, and to, to Remove— to remove excessive red tape.

Senator Gary Peters (D-MI)SPEAKER_02

Okay. As you know, the Bipartisan Infrastructure Law allows states to utilize BEAD funds for certain non-deployment purposes. I believe that it's essential that we allow states again to maintain this flexibility. I'm all about states having flexibility, specifically when it comes to workforce and digital skills training, but also to allow states to ensure that communities that newly have access to broadband actually sign up to connect. So my question is, if confirmed, will you work to ensure states have the broadest possible flexibility in the use of these funds? I think I'm hearing that when you say you want to get rid of red tape. So, yes or no, will you work to ensure states have the broadest possible flexibility on how they use their funds?

Arielle RothSPEAKER_06

Uh, Senator, I certainly, I, I certainly agree with the goal of ensuring that states have, uh, what they need in order to get broadband to their constituents as quickly as possible. I will abide by the law.

Senator Gary Peters (D-MI)SPEAKER_02

Very good. Thank you, Mr. Chairman.

Chairman Ted Cruz (R-TX)SPEAKER_10

Thank you. Senator Cantwell.

Ranking Member Maria Cantwell (D-WA)SPEAKER_05

Thank you, Mr. Chairman. Ms. Roth, in your testimony, you basically said a couple of times you want to make sure everybody gets covered. It's not the direct responsibility of NTIA, but do you think we should have allowed the ACP program to

Arielle RothSPEAKER_06

I've been nominated to NTIA, which didn't administer the ACP. That was the FCC's role. I agree with the goal of ensuring that broadband is affordable to all Americans.

Ranking Member Maria Cantwell (D-WA)SPEAKER_05

So, if you had your preferences, you would prefer that a program like that, even if it wasn't ACP, you would prefer a program like that existed?

Arielle RothSPEAKER_06

Uh, Senator, I haven't been confirmed. I don't know. I don't think that the administration has taken a position on this. Uh, I think, uh, broadband should be affordable for all Americans. It's something that requires an all-of-the-above solution. Uh, uh, the, the particular way you go about it is something that I'd be happy to work with you on.

Ranking Member Maria Cantwell (D-WA)SPEAKER_05

Yeah, well, I don't think it has been as affordable for a segment of the population that is below, let's say, $40,000 or $50,000 to $40,000 of income. The studies and analysis show they can't afford it. And so I think that's where the gap is, and my personal opinion is that's what we should have focused on as we were looking at BEAD. I don't agree with the critique of the chairman about the BEAD program and the length of time and the deployment, because, basically, instead of letting the FCC, who I also agree wasn't doing a good enough job answering this question, we basically said, Okay, we're going to take it out of the hands of the FCC, and now we're going to give it to states, and now they have to set this up, and then they can get the money, and then they can start the deployment. And that took longer. So I personally thought we should have drilled down on this little problem, which is the affordability issue for— you could call them late adopters. I call them just people who cannot afford broadband. And we should have focused more on that as a Congress. But our colleagues, who were also frustrated—Maine, Alaska, various states, very frustrated—basically said, Oh, no, we're just going to get our states involved. Well, when states get involved, it becomes complex. And I also don't agree about the Starlink example of not being something to be concerned about because we had in our state—look, Starlink deployments are very good for particular areas that, and we could see a lot more competition in the future, so we're not even ruling that out. But we had decisions made where tribal areas basically went ahead and pushed with the state to get a satellite solution, only to find that they had to have a backhaul out that nobody had calculated when they made that decision to make that commitment to Starlink. So I do think we have to have really smart and technical people involved in this. I really do think that we have to figure out how we're going to get broadband connectivity to lower-income Americans, and I hope that you will think about this for the record about how you can commit to that. Because even though you're not the core entity, I do think this committee has said over time they're kind of tired with us not having the solutions, and they want NTIA to play a larger role. And so we're not giving you that responsibility, but we are saying they do hope that NTIA plays a larger role on broadband in general. And I think that's 'cause they're frustrated. So that gets me to the next question about technical expertise. You're a policy person, right? Is that— I don't know everything about your background, but you're mostly a policy realm, right?

Arielle RothSPEAKER_06

I think that's pretty accurate.

Ranking Member Maria Cantwell (D-WA)SPEAKER_05

Yeah. Okay. So, so what do you think that you will do at NTIA to get a more technical team? The last person in your job was a very technical person. I'm not saying one thing or another about that, I'm just saying what are you going to do to build the technical expertise under you or with you at NTIA?

Arielle RothSPEAKER_06

Thank you, Senator. I have had the honor of working with so many technical experts at NTIA over the years, particularly in the Office of Spectrum Management, at the ITS. I look forward to working with NTIA's distinguished career staff and working with them. It's something, at the FCC as well, there were attorneys and then there were technical experts, and we all have to work together to find the right solution.

Ranking Member Maria Cantwell (D-WA)SPEAKER_05

Well, do you think, we got into arguments with agencies. It was NOAA's scientists versus somebody else's scientists. What do you think, what is the type of expertise you think we have to get at NTIA so that we are forward-leaning and building that kind of expertise that we can use to get coordination within the federal government?

Arielle RothSPEAKER_06

Thank you. No, it's a, it's a good question. I think we need a mix of different expertise to address the tremendous challenges that we face on spectrum, on getting broadband connected. I look forward to working with your office on, on ensuring that we achieve these goals.

Ranking Member Maria Cantwell (D-WA)SPEAKER_05

But you agree, if NTIA is going to play this role, which I think our committee thinks that it should, and historically we've been moving towards this, that NTIA has to have the technical horsepower to help succeed in the policy development.

Arielle RothSPEAKER_06

Yes, if confirmed, one thing I look forward to is getting to know NTIA's staff better. I've gotten to know some of them over the years, and I would welcome the opportunity to better understand NTIA's staffing needs.

Ranking Member Maria Cantwell (D-WA)SPEAKER_05

Well, one of the reasons I bring this up is the chairman earlier this morning at a hearing on the fatal crash at DCA General Broman confirmed that despite FAA warnings, the Secret Service and Navy have been actively jamming spectrum used by aircraft collision avoidance systems at DCA. So if confirmed, you will play a vital role in that coordination process. So do you agree that that national security and public safety risk, that we have to figure out how to work on these issues and that NTIA has to help resolve these issues?

Arielle RothSPEAKER_06

Absolutely. NTIA has to work with other federal agencies to resolve technical disagreements to ensure that national security and public safety are protected. It's an essential part of the interagency process.

Ranking Member Maria Cantwell (D-WA)SPEAKER_05

So in that regard, do you agree that NTIA— Well, first of all, did you— the report that NTIA did that was about dynamic spectrum sharing, did you review that? I'm assuming you did. I can't remember if you were part of our secure brief last year on this.

Arielle RothSPEAKER_06

I'm not immediately familiar with which particular report you're referring to. Of course, NTIA has done a lot of research on spectrum innovation that I'm familiar with.

Ranking Member Maria Cantwell (D-WA)SPEAKER_05

So, do you agree that NTIA, DOD, and other agencies must complete ongoing studies of the low-gigahertz, 3-gigahertz, and 7- and 8-gigahertz band before making a decision to reallocate that spectrum?

Arielle RothSPEAKER_06

If confirmed, I look forward to figuring out what the status of those studies are and learning more. I know NTIA has some very accomplished technical experts that are working on studies, and I look forward to working with them.

Ranking Member Maria Cantwell (D-WA)SPEAKER_05

So do you think that before we do an allocation that we should have that information?

Arielle RothSPEAKER_06

I believe that any allocation of spectrum needs to take feasibility studies into account and ensure that our national security is protected as well as federal missions.

Ranking Member Maria Cantwell (D-WA)SPEAKER_05

Well, I'm bringing this up because I think it was your witness, Matt Pearl, director of emerging technology at CSIS, was at a recent hearing and he basically said, Yes, before we move forward. Obviously, the chairman does have a proposal to move forward without doing that study and analysis. So, I'm just trying to understand whether you think that that's vital to do because, in reality, your job is going to be the person who's going to try to help solve all this, right? So, I'm just trying to get a sense of whether you are going to move from one, one position here to this larger coordination position, and whether you're going to make sure that the analysis so important to DOD gets done.

Arielle RothSPEAKER_06

Senator, I believe that national security needs to be paramount. In any efforts to reallocate spectrum, and spectrum studies are— and interagency coordination are a huge part of that.

Ranking Member Maria Cantwell (D-WA)SPEAKER_05

Okay, so I'm going to ask you for the record, give you a little more time to just say yes or no whether that has to be completed. I'll write it up for you. And on the 3 GHz and 7 and 8, whether that has to be completed before Congress goes ahead and does the allocation. So there's a couple of different ways that this could work. I mean, you certainly could write into the reconciliation bill that all that would have to be done. We're saying it has to be done. And obviously that's what we accomplished in the last administration is getting DOD and NTIA to agree. So we'd like to see the very technical analysis that has to happen be done given the complaints. So just for the record, do you My colleagues have asked a lot about BEAD funding, and that's great. That means I don't have to ask as much. The BEAD funding allocations under law include $3.3 billion to Texas, $405 million to Nebraska, $451 million to Kansas, $1.2 billion to West Virginia, $1 billion to Alaska. These are commitments that have been already committed in households. So will you commit to preserving these allocations that NTIA made to each state in 2023, including, I think, about $1 billion to my home state of Washington?

Arielle RothSPEAKER_06

Senator, I will abide by the law.

Ranking Member Maria Cantwell (D-WA)SPEAKER_05

Does that— is your interpretation of that law that, yes, you will go ahead and make those allocations?

Arielle RothSPEAKER_06

I can't commit to any specific outcome as I haven't been confirmed. But I will certainly— You're

Ranking Member Maria Cantwell (D-WA)SPEAKER_05

saying you don't know what the administration is going to do. Is that what you're saying?

Arielle RothSPEAKER_06

I haven't been confirmed yet. I haven't had an opportunity to, to, to look into this issue yet. But I would— I will absolutely— You

Ranking Member Maria Cantwell (D-WA)SPEAKER_05

know the policy, though. You do know the policy, right? You know, that was our intent. And the money has now been allocated. So it's a question of whether you think that those commitments made in 2023 should be upheld.

Arielle RothSPEAKER_06

I believe that NTIA, if confirmed, I will— I look forward to reviewing those allocations and ensuring that the program is compliant with the law. I will always abide by the law, Senator, and I look forward to working with you on the BEAD program.

Ranking Member Maria Cantwell (D-WA)SPEAKER_05

Thank you. I would have liked a stronger commitment, so, but we'll get back to you on the 3 GHz and in a written answer. Thank you, Mr. Chairman.

Chairman Ted Cruz (R-TX)SPEAKER_10

Thank you, Senator Cantwell. I will note that Senator Cantwell mentioned the my pipeline legislation and said that it did not require a feasibility study. Under the terms of the legislation, it actually directs the interagency to identify 600 megahertz that can be made available to the private sector and to engage in that interagency discussion, and that includes necessarily a technical and feasibility study. What it doesn't do is give DOD the ability to slow-walk studies into eternity and block spectrum from being made available for job creation and to ensure that America beats China in in 5G and 6G. I will also note earlier that that Senator Markey somewhat oddly claimed that that the Biden administration's partisan and political blacklisting of Starlink because they dislike Elon Musk, which had the consequence of denying many Americans broadband connectivity, he claimed it was somehow consistent with the statute. And I just want to read into the record the language of the statute, 47 U.S.C. 1705(2), section 4, which reads, quote, "covered broadband project." The term, quote, "covered broadband project" means "a competitively and technologically neutral project for the deployment of fixed broadband service that provides qualifying broadband service in an eligible service area." So, that was written directly into the statute, that it was meant to be technologically neutral. And if Elon Musk had decided to be a ginormous Democrat donor, I have no doubt that the Biden administration would have pulled out a piñata and celebrated Starlink providing broadband. But because he was on the other side politically, the American people paid the price and didn't get connected to the internet.

Ranking Member Maria Cantwell (D-WA)SPEAKER_05

Mr. Chairman, if I could just on this issue. I think, your example this morning at an earlier committee hearing, we do have interference and it does affect the safety of aviation and could affect the safety of other things. And so I just hope that we will get to this point where we're working to make America competitive by having the dynamic spectrum sharing and the best expertise as a nation. But trying to put one cart in front of the other without answering those technical questions is a big concern, I think, for a lot of people here. Listen, Starlink, as I mentioned, is providing service in my state and doing so in great capacity. But I do think that states I'm not as big a personal fan of what happened, because we moved the technical expertise from a very technical group of people, albeit they weren't moving fast enough, the FCC, to another group of people at states. And then they also didn't necessarily answer some of these questions. So I do think that communities need to know what they're getting, and they need to know that the solution, particularly on fiber that they may need to have down to have their data also transferred out of the community, is an important point. So I think it's safe to say we're going to have a lot of conversations about spectrum, about broadband, and continuing this, but I really hope that these various sectors would work together. I really do believe, I do believe in the CHIPS and Science Act. I do believe that one of the competitive things for our nation is to get deployment, but also get national security. So thank you, Mr. Chairman.

Chairman Ted Cruz (R-TX)SPEAKER_10

And it is certainly right that we have to do these technically correct. I will note that we had interference at DCA because the Navy screwed up and didn't listen to the FAA, and that that is not how this is supposed to operate. Ms. Roth, my final question is required of all nominees. If confirmed, do you pledge to work collaboratively with this committee, to provide thorough and timely responses to this committee's requests, and to appear before the committee when requested?

Arielle RothSPEAKER_06

Yes, Senator.

Chairman Ted Cruz (R-TX)SPEAKER_10

Thank you. I have 15 letters of support from various organizations for Ms. Roth nomination to be Assistant Secretary of Commerce for Communications and Information that I ask unanimous consent to be inserted into the hearing record. Without objection, so ordered. Senators will have until the close of business Monday, March 31st, to submit questions for the record. The nominee will have until the close of business Friday, April 4th, to respond to those questions. This concludes today's hearing. And by the way, your children performed their task beautifully. A terrific success. The committee is adjourned.