DOD’s recent transmission to Congress of its study of the potential effects of commercial 5G use of the 3.1-3.45 GHz band on incumbent military systems likely means spectrum policy will be a larger focus during the House Communications Subcommittee’s Thursday FCC oversight hearing than earlier thought given Republican opposition to some agency actions since it gained a Democratic majority in September, lawmakers and lobbyists said in interviews. Subpanel members’ opinions about the FCC’s proceeding aimed at restoring most of its rescinded 2015 net neutrality rules and the commission’s adoption of digital discrimination rules earlier this month are still highly likely to be the central feature of the hearing (see 2311210073).
Jimm Phillips
Jimm Phillips, Associate Editor, covers telecommunications policymaking in Congress for Communications Daily. He joined Warren Communications News in 2012 after stints at the Washington Post and the American Independent News Network. Phillips is a Maryland native who graduated from American University. You can follow him on Twitter: @JLPhillipsDC
FCC Chairwoman Jessica Rosenworcel endorsed the Senate-passed 5G Spectrum Authority Licensing Enforcement Act (HR-5677/S-2787) and further congressional action to strengthen the FCC’s ability to combat illegal robocalls, according to letters to lawmakers the commission posted online Monday. S-2787 lead sponsor Sen. John Kennedy, R-La., and other backers of the measure have restarted their push for House action on the bill, which would give the FCC authority for 90 days to issue T-Mobile and other winning bidders the licenses they bought in the 2.5 GHz band auction last year (see 2309220057). Senate Communications Subcommittee leaders voiced frustration last month with DOJ’s perceived reluctance to enforce existing anti-robocall statutes (see 2310240065).
Aides to Senate Commerce Committee ranking member Ted Cruz, R-Texas, are circulating a draft alternative to the House Commerce Committee-cleared Spectrum Auction Reauthorization Act (HR-3565) that directs NTIA to identify within two years at least 1,500 MHz of spectrum for nonfederal and shared use but doesn’t propose using proceeds from sales of those frequencies to pay for other telecom priorities. The draft language we obtained was circulating last week, but there has been chatter for months about Cruz’s plans for a proposal different from HR-3565. Cruz’s opposition to HR-3565 is one of several factors that’s stalled talks on a compromise spectrum legislative package throughout 2023 (see 2308100058). Senate Commerce Chair Maria Cantwell, D-Wash., backs HR-3565.
The House Communications Subcommittee plans a Nov. 30 FCC oversight hearing that will scrutinize President Joe Biden’s “Broadband Takeover,” the Commerce Committee said Tuesday. The announcement's tone likely presages a major focus on the FCC’s pursuit of a new net neutrality rulemaking that largely mirrors the commission’s rescinded 2015 rules and a reclassification of broadband as a Communications Act Title II service (see 2310190020), lobbyists told us. Meanwhile, two senior House Commerce members -- Reps. Anna Eshoo, D-Calif., and Bill Johnson, R-Ohio -- announced they’re not seeking reelection in 2024.
Broadband items drew some lawmakers’ attention Wednesday night and Thursday as Capitol Hill fully shifted into the week-plus Thanksgiving recess. A trio of non-Commerce Committee-affiliated senators weighed into the debate over expanding the USF contribution base, while leaders of the House and Senate Commerce committees sided along party lines on the FCC’s 3-2 Wednesday vote to adopt rules aimed at curbing digital discrimination (see 2311150040). President Joe Biden, meanwhile, is set to sign off before Friday night on a continuing resolution to fund the FCC, FTC, NTIA and other Commerce Department agencies at FY 2023 levels through Feb. 2 (HR-6363) after the Senate joined the House Wednesday night in passing the measure.
The House Rules Committee Monday night turned down two Republicans’ bids to further restrict public broadcasting funding as part of the Appropriations Labor, Health and Human Services, Education and Related Agencies Subcommittee FY24 funding bill (HR-5894), but allowed consideration of two amendments related to the National Suicide Prevention Lifeline. The House’s ability to pass HR-5894, which deleted advance money for FY 2026 (see 2307210065), remained in doubt Tuesday. Meanwhile, the House was set to vote Tuesday afternoon on a continuing resolution that would extend federal appropriations for the FCC, FTC, NTIA and other Commerce Department agencies through Feb. 2 (HR-6363) at levels enacted in the FY 2023 appropriations omnibus package (see 2212210077).
The House approved an amendment Wednesday night to the FY 2024 Appropriations Financial Services Subcommittee funding bill (HR-4664) that would defund the FCC's Communications Equity and Diversity Council, but the proposal’s prospects remained in doubt Thursday after chamber leaders abruptly pulled the measure off the floor amid misgivings from some Republicans. House GOP leaders are eyeing a pivot to a continuing resolution to fund the government past Nov. 17 but were still deliberating on its contours Thursday afternoon.
The House voted 172-257 Wednesday against an amendment to the FY 2024 Appropriations Financial Services Subcommittee funding bill (HR-4664) from Freedom Caucus Chairman Scott Perry, R-Pa., that would have reduced the FTC’s annual funding to the almost $310 million it received for FY 2019 (see 1902150055). The chamber, meanwhile, approved on voice votes a trio of amendments aimed at curbing some FTC practices. The House was set to debate some other FCC and FTC-related amendments ahead of a final vote on HR-4664 that could happen as soon as Thursday. House GOP lawmakers are attempting to claw back additional federal funding for CPB via additional amendments to the House Appropriations Labor, Health and Human Services, Education and Related Agencies Subcommittee FY24 funding bill (HR-5894).
Several telecom-focused congressional leaders told us they’re more seriously considering directly appropriating $3.08 billion to fully close the FCC’s Secure and Trusted Communications Networks Reimbursement Program funding shortfall amid the ongoing stall in talks on a spectrum legislative package that top lawmakers long hoped could pay for the additional funding (see 2311010001). The outlook for a spectrum legislative deal is very dim while lawmakers continue to wait for DOD to release a much-anticipated report on repurposing the 3.1-3.45 GHz band for commercial 5G use (see 2310180062). Communications policy-focused lobbyists and officials are closely following how work on FY 2024 appropriations legislation progresses in the weeks ahead for signs to indicate whether a change in tack on rip and replace takes place.
House Communications Subcommittee member Rep. Tony Cardenas of California is leading a letter with almost two dozen other chamber Democrats urging the FCC not to refresh the record in docket 14-261 on reclassifying linear streaming services as MVPDs. FCC Chairwoman Jessica Rosenworcel has maintained the agency doesn’t have the authority to reclassify streaming services, and the FCC said her thinking hadn’t changed after a June letter from Senate Commerce Committee Chair Maria Cantwell, D-Wash., (see 2306230062). Twenty other Senate Democratic caucus members pushed last month in favor of a proceeding refresh (see 2310180067). “It was clear even in the 2014 FCC proceeding on this issue that video streaming and the video streaming marketplace were different, and therefore the FCC decided not to proceed,” Cardenas and the other Democratic lawmakers said in a draft of the letter to Rosenworcel we obtained Monday. “Aside from being an inappropriate standard to apply to the streaming marketplace, there is also reason to believe that these issues may be outside of FCC’s scope. The 2014 FCC proceeding record shows that there were issues with the FCC asserting jurisdiction. Ultimately, it is the role of Congress to determine changes to the streaming marketplace, and for these reasons, we urge you to close the 2014 proceeding.” Other House Democrats signing on to the letter include Innovation Subcommittee ranking member Jan Schakowsky of Illinois and Communications member Yvette Clarke of New York.