An objection from Sen. Mike Rounds, R-S.D., appears to have all but killed a deal telecom-focused congressional leaders struck over the weekend to attach modified language from the Senate version of the Spectrum Innovation Act (S-4117) to a planned FY 2023 appropriations omnibus package, several congressional aides and communications industry lobbyists told us Monday. Another short-term renewal of the FCC’s auction authority is, however, still expected to be in the package, lobbyists said. Hill leaders were expected to release the omnibus’ text Monday, but it wasn’t available that afternoon.
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
An objection from Sen. Mike Rounds, R-S.D., appears to have all but killed a deal telecom-focused congressional leaders struck over the weekend to attach modified language from the Senate version of the Spectrum Innovation Act (S-4117) to a planned FY 2023 appropriations omnibus package, a congressional aide and several communications industry lobbyists told us Monday. Another short-term renewal of the FCC’s auction authority is, however, still expected to be in the package, lobbyists said. Hill leaders were expected to release the omnibus’ text Monday, but it still wasn’t available that afternoon.
Senate Commerce Committee leaders hadn’t resolved a longstanding disagreement Thursday night over how hoped-for compromise spectrum legislative language would structure repurposing parts of the 3.1-3.45 GHz band for commercial 5G use, a hurdle that could derail a bid to attach the proposal to an FY 2023 omnibus appropriations measure (see 2212070068). Those leaders made progress on some parts of the measure, including moving closer on amounts of spectrum auction revenue they will allocate to fully fund the FCC’s Secure and Trusted Communications Networks Reimbursement Program and finance next-generation 911 tech upgrades.
Senate Communications Subcommittee members from both parties targeted FCC and NTIA implementation of connectivity programs created in the Infrastructure Investment and Jobs Act and COVID-19 aid measures Tuesday, as expected (see 2212120064), including concerns about deficient data the commission used to develop its new broadband maps. Lawmakers also touched on other telecom policymaking matters they hope Capitol Hill can address during the lame-duck session or in the next Congress. Senate Commerce Committee leaders saw a potential one-week extension of their talks on one lame-duck priority, a compromise spectrum legislative package (see 2212070068), appear via a proposed continuing resolution to fund the federal government past Friday.
A Tuesday Senate Communications Subcommittee hearing on implementation of broadband funding from the Infrastructure Investment and Jobs Act and other recent measures is likely to include a heavy focus on GOP leaders’ concerns about federal agencies’ oversight of those disbursals, lawmakers and other officials told us. There also may be discussion about other pressing issues, including recent pushes to include additional money for the FCC’s Secure and Trusted Communications Networks Reimbursement Program in a FY 2023 appropriations omnibus package (see 2212070068) and to enact legislation that ensures broadband funding from IIJA and the American Rescue Plan Act doesn’t count as taxable income, observers said.
Communications sector observers don’t see any early evidence to indicate Arizona Sen. Kyrsten Sinema's shift Friday from the Democrats to become a registered independent will materially affect FCC nominee Gigi Sohn's prospects of winning confirmation. Sohn faces long odds of getting a floor vote during the lame-duck session amid Senate Democratic leaders’ decision to prioritize passage of year-end bills like the FY 2023 National Defense Authorization Act (see 2211300074). The House voted 350-80 Thursday to pass a compromise version of the NDAA, filed as an amendment to shell bill HR-7776, that includes language to restrict the federal government’s use of products with semiconductor manufacturers deemed to be Chinese military contractors (see 2212070056).
House Judiciary Committee GOP leaders signaled before a Wednesday voice vote on the American Music Fairness Act (HR-4130) they intend to continue pursuing a compromise on music royalties legislation when their party regains control of the chamber in the next Congress. HR-4130, filed last year (see 2108120059), would levy a performance royalty on stations playing music on terrestrial radio. Lawmakers reintroduced the bill in September (see 2209220076).
Language from the Journalism Competition and Preservation Act (S-673) didn’t make it into a compromise version of the FY 2023 National Defense Authorization Act released Tuesday, after a wave of criticism from the bill’s opponents (see 2212050067). The House was expected to vote on the revised NDAA, filed as an amendment to shell bill HR-7776, as soon as Wednesday night. The broadcasting industry, which backs JCPA, faced a potential second legislative hit Wednesday at a House Judiciary Committee markup of the American Music Fairness Act (HR-4130), which NAB opposes (see 2202090053).
House Communications Subcommittee leaders are monitoring from afar Senate Commerce Committee negotiations on a potential compromise spectrum measure with an eye on the legislative clock as they question if a viable alternative to the existing Spectrum Innovation Act (HR-7624) is achievable amid the jam-packed lame-duck session. Fraught talks are underway aimed at reaching a deal on an FY 2023 appropriations omnibus package seen as a potential vehicle for passing spectrum legislation and allocating new funding for two bipartisan telecom priorities: the FCC’s Secure and Trusted Communications Networks Reimbursement Program and next-generation 911 tech upgrades. Hill leaders released a compromise version of the FY 2023 National Defense Authorization Act Tuesday without language authorizing funding for the telecom priorities (see 2212070056).
Senate Antitrust Subcommittee Chair Amy Klobuchar, D-Minn., struck back Tuesday against opponents of her Journalism Competition and Preservation Act (S-673) following a wave of outcry against a bid to attach the controversial bill to the FY 2023 National Defense Authorization Act (see 2212050067). Text of a pending compromise version of the annual measure, to be filed as an amendment to shell bill HR-7776, again failed to materialize by Tuesday afternoon, amid fractious negotiations.