Commerce Secretary Gina Raimondo publicly committed Wednesday to brief Senate Commerce Committee members on the DOD study on repurposing the 3.1-3.45 GHz band for commercial 5G use sent to the Commerce Department last week (see 2309280087). Panel ranking member Ted Cruz, R-Texas, and several other members raised questions about the DOD study during a hearing on implementing the 2022 Chips and Science Act.
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
A looming federal government shutdown could hinder work on important broadband and satellite regulatory initiatives, said FCC Chairwoman Jessica Rosenworcel and NTIA Administrator Alan Davidson during a Wednesday Axios event. The chances Congress will include language in a continuing resolution to restore at least parts of the FCC's spectrum auction authorities continued to dim Wednesday, but officials and lobbyists we spoke with don't believe those efforts are completely dead. The Senate and House made progress into Wednesday afternoon on their respective continuing resolution proposals to prevent a shutdown that would otherwise occur this weekend, but major differences between the two measures continued to stoke widespread apprehension on Capitol Hill.
Interest is still high in both the House and Senate in including a temporary restoration of the FCC’s auction authority in a continuing resolution to extend federal appropriations past the end of FY 2023 Sept. 30 (see 2309190001), but some on and off Capitol Hill now believe attaching the narrower 5G Spectrum Authority Licensing Enforcement Act (S-2787) is a more viable option for breaking the mandate logjam. Lobbyists believe the chances S-2787 will appear in a Senate-side CR improved considerably after the chamber passed the measure Thursday via unanimous consent.
Sen. Marsha Blackburn, R-Tenn., plans to register concerns Monday with the State Department over the Biden administration naming Steve Lang, deputy assistant secretary of state-international information and communications policy, to replace FCC Commissioner-designate Anna Gomez as head of the U.S. delegation to the upcoming World Radiocommunication Conference in Dubai, as expected (see 2309120074). "On multiple occasions during" Gomez's confirmation process, "I emphasized the importance of thoughtfully proceeding ... to ensure the U.S. remains well positioned for the WRC," which begins Nov. 20, Blackburn said in a letter to Secretary of State Antony Blinken we obtained ahead of its release. "Ideally, the Senate would have delayed Gomez's confirmation vote until after" the conference's conclusion and State "would have been more transparent in its contingency planning and execution." That transition "was handled irresponsibly," Blackburn said: The administration "has shown little regard for the ramifications of its actions on global spectrum policy or the need to protect U.S. leadership in telecommunications." Blackburn pressed for Lang to "brief me and my staff" before Oct. 13 "on his priorities for the WRC and the continued role -- if any" that Gomez will play in the conference. "It is important for members of Congress to be informed about this transition and how it will affect our representation before" the ITU, Blackburn said. State didn't comment.
House Communications Subcommittee Chairman Bob Latta, R-Ohio, and ranking member Doris Matsui, D-Calif., said during a Thursday hearing they’re signing on to the USF working group that Senate Communications Subcommittee leaders formed in May to evaluate how to move forward on a comprehensive revamp of the program that may update its contribution factor to include non-wireline entities (see 2305110066). The Thursday hearing largely focused on USF revamp and possible integration of the affordable connectivity program, as expected (see 2309120059).
The 2024 presidential election shouldn’t, and likely won’t, deter FCC Democrats from moving forward on their policy agenda now that they're on the cusp of a 3-2 majority well over two years into President Joe Biden’s term, said lawmakers and former commission officials in interviews. Many expect a flurry of FCC activity once Democrat Anna Gomez, confirmed by the Senate earlier this month, formally signs on as a commissioner 2309070081). Multiple FCC-watchers and former officials pooh-poohed the conventional wisdom that the agency avoids major, controversial actions during election years.
Telecom-focused congressional leaders are voicing interest in including a temporary restoration of the FCC’s auction authority in a continuing resolution to extend federal appropriations past the end of FY 2023 Sept. 30. Lobbyists and observers told us they remain doubtful about Capitol Hill’s appetite for such a move due to the factors that hindered talks on a broader spectrum legislative package (see 2308070001). Senate Appropriations Financial Services Subcommittee members sounded alarms about the remit’s lapse during a Tuesday hearing on the FCC’s FY 2024 funding request. House Communications Subcommittee member Rep. August Pfluger, R-Texas, also raised concerns during a Punchbowl News event the same day.
Senate Commerce Committee ranking member Ted Cruz, R-Texas, recommended Friday that states “that have more than adequate funding through” other federal programs to deploy connectivity in unserved areas “should return unused” funding from NTIA’s $42.5 billion broadband equity, access and deployment (BEAD) program. Cruz warned in his report that NTIA has engaged in what he sees as “unnecessary, duplicative spending and anti-competitive, anti-consumer technology bias” in its BEAD implementation. Cruz has actively participated in the review Communications Subcommittee ranking member John Thune, R-S.D., has been conducting into the Biden administration’s handling of broadband money from the 2021 Infrastructure Investment and Jobs Act (see 2212060067).
House Communications Subcommittee members in both parties used a Wednesday hearing to hammer the current retransmission consent negotiations process, particularly the blackouts when those talks break down, but all sides made clear a legislative solution is likely to take longer than the current Congress to pass. There was strong GOP opposition, meanwhile, to the FCC potentially refreshing its long-dormant docket (14-261) on reclassifying streaming services as virtual MVPDs to fix a perceived disparity in retransmission consent rules, as expected (see 2309120059).
USF revamp matters are expected to come up in both a Wednesday House Communications Subcommittee hearing on the state of the U.S. video marketplace (see 2309070060) and a likely Sept. 21 subpanel discussion on rural broadband funding, communications sector lobbyists told us. NAB CEO Curtis LeGeyt and other officials set to testify at the Wednesday hearing focused their written statements largely on more video-centric issues, including staking a range of positions on a recent push for the FCC to refresh its long-dormant docket (14-261) on reclassifying streaming services as MVPDs to fix a perceived disparity in retransmission consent rules. The hearing will begin at 2 p.m. in 2322 Rayburn.