Senate Commerce Committee Democrats are considering proposing $45 billion of the $83.1 billion the chamber allocated to the panel for its portion of the coming budget reconciliation package (see 2108100062) be used for next-generation 911 and broadband. House Commerce Committee leaders, meanwhile, are gearing up for a planned Sept. 13 markup of the panel’s reconciliation priorities. That measure is likely to draw from broadband and NG-911 language in the Leading Infrastructure for Tomorrow’s (Lift) America Act (HR-1848), lobbyists told us.
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
AT&T asked the FCC to adopt a spectrum screen for 2.5 GHz-6 GHz. In 2016, AT&T opposed FCC decisions to impose low-band and high-band spectrum screens (see 1607080026). “It makes no sense to maintain them and not apply a similar screen for mid-band spectrum,” the company petitioned Wednesday. “Mid-band licenses are the most important input in any wireless provider’s portfolio of 5G spectrum assets -- and, not coincidentally, are also the most likely to become the subject of anticompetitive foreclosure strategies.” Current rules “do little to prevent” the potential for anti-competitive behavior involving mid-band since “they apply only the highly diluted overall spectrum screen to acquisitions of additional mid-band spectrum, inaccurately treating that spectrum as though it were fungible with other spectrum, while applying more granular scrutiny to acquisitions of spectrum below 1 GHz even though that spectrum actually is fungible with other bands,” AT&T said. Nothing “stops” carriers “from overpaying for yet more mid-band spectrum” because the existing screen “cannot prevent providers with outsized mid-band assets from engaging in a foreclosure strategy designed to keep rivals from obtaining the mid-band assets they need.” So “act through provider-specific review of post-auction long-form license applications, not through ex ante, provider-agnostic caps on spectrum acquired in any given auction." A new screen “is not a cap on how much spectrum any entity can hold,” blogged Executive Vice President-Federal Regulatory Relations Joan Marsh. “It is a filter that the FCC can use to identify spectrum acquisitions that trigger more detailed consideration of the potential for competitive harms.” The petition criticizes the FCC for “not requiring any spectrum divestitures” by T-Mobile in buying Sprint, which “trivialized its overall spectrum screen.” AT&T and T-Mobile trailed Verizon in bidding that ended in February for C-band spectrum (see 2102180041). The FCC, T-Mobile and Verizon didn’t comment.
The House Armed Services Committee Cyber Subcommittee’s proposed language for the FY 2022 National Defense Authorization Act, released Wednesday, aims to improve DOD implementation of its October 2020 spectrum strategy and the department’s adjustment of its systems before the FCC’s planned auction of spectrum on the 3.45-3.55 GHz band. It doesn’t mention panel members’ ongoing misgivings with Ligado’s planned L-band operations. Some lobbyists believe full committee leaders may attempt to attach the anti-Ligado Recognizing and Ensuring Taxpayer Access to Infrastructure Necessary (Retain) for GPS and Satellite Communications Act (HR-4634/S-2166) to the NDAA (see 2107230065). House Armed Services’ full committee NDAA markup is set for Sept. 1. Cyber’s NDAA language would require DOD to make a single “senior official” responsible for implementing the department’s October 2020 spectrum strategy and future iterations. DOD proposed using “dynamic and bidirectional sharing for facilitating access to commercial spectrum” (see 2010290061). The subcommittee proposes the designated senior official and other DOD agencies brief House Armed Services on how the department’s plan for aligning adjustments to systems affected by the 3.45 GHz auction will align with the October spectrum strategy. The subpanel wants DOD to submit a report to congressional defense committees examining the effectiveness of DOD spectrum operations. House Armed Services’ Strategic Forces Subcommittee proposes directing the Air Force and other space-focused DOD officials to brief the committee by the end of 2021 on plans for deploying an “alternate” GPS positioning, navigation and timing (PNT) constellation. The Air Force “must prioritize GPS resiliency by ensuring” DOD “has an alternate PNT capability available should GPS be denied,” Strategic Forces said in its bill report. House Infrastructure Committee members invoked the need for a GPS timing signals backup during a March hearing with Transportation Secretary Pete Buttigieg (see 2103250071).
Federal next-generation 911 funding has a slim chance of making it into a final infrastructure spending package, but Congress has other viable paths to enact the money this year, supportive lawmakers and officials said in recent interviews. The Senate passed its amended Infrastructure Investment and Jobs Act (HR-3684) with $65 billion for broadband but no NG-911 funding (see 2108100062). Some 911 stakeholders hope House Commerce Committee Democratic leaders will push to add at least some of the $15 billion they proposed in the Leading Infrastructure for Tomorrow’s (Lift) America Act (HR-1848) when the chamber considers HR-3684 or via a coming budget reconciliation package.
Congressional Democrats are considering how to attach additional broadband money to a coming budget reconciliation package (see 2108100062) without violating the agreement a bipartisan group of senators struck on spending for what became the Infrastructure Investment and Jobs Act. The Senate-passed HR-3684 includes $65 billion for broadband. Republicans and some observers caution attempts to include connectivity money this year beyond what was in the bipartisan infrastructure package could backfire.
Democratic senators are actively eyeing how to use a planned $3.5 trillion budget reconciliation package to further boost broadband spending beyond the $65 billion in connectivity money included in the bipartisan Infrastructure Investment and Jobs Act (HR-3684) the chamber passed Tuesday. Republicans told us they’re concerned about such an attempt to double-dip on broadband spending given the amount of money they already agreed to allocate via HR-3684 and a set of COVID-19 aid bills. HR-3684 itself still must clear the majority-Democratic House before it goes to President Joe Biden’s desk.
Senate Commerce Committee ranking member Roger Wicker, R-Miss., said Sunday he now backs the bipartisan Infrastructure Investment and Jobs Act substitute for shell bill HR-3684, and voted to invoke cloture on the measure after earlier opposing efforts to move forward. The Senate voted 68-29 to invoke cloture after a 69-28 vote to adopt the HR-3684 substitute. A final vote on the measure is expected Tuesday morning. A group of senators said Monday they reached a deal on a compromise on rival cryptocurrency amendments (see 2108090050). Wicker cited statements from Sen. Jeanne Shaheen, D-N.H., who co-led work on HR-3684’s broadband language, that “preventing regulation of internet rates was the express intent of the broadband title.” Without that “assurance” and specific language in the measure barring NTIA from using actions related to executing the proposed $42.5 billion broadband equity, access and deployment grants program to “regulate the rates charged for broadband” service, “I would not have been able to support this bill on final passage,” Wicker said. “It is no secret that I have registered my concerns” about language that exempts the NTIA administrator from having to follow some Administrative Procedure Act requirements when making decisions on the grants program. “I hope” NTIA will “take care to avoid the wasteful and costly mistakes” the agency made in implementing the broadband technology opportunities program during the Obama administration “and make sure these broadband dollars are spent efficiently, effectively and with the benefit of stakeholder comment,” Wicker said. He and Senate Minority Whip John Thune, R-S.D., had cited NTIA’s BTOP history as a reason they wanted to shift the $42.5 billion in broadband grants to the FCC’s purview (see 2108050064). Thune, Communications Subcommittee ranking member, was among the Republicans who voted against invoking cloture on HR-3684 Sunday. The Information Technology and Innovation Foundation backs the measure’s broadband language, though it remains “far from perfect,” said Broadband and Spectrum Policy Director Doug Brake. Still, it “likely represents the best path forward for a much-needed and historic investment to close the digital divide.” The Washington Post also praised the proposed broadband funding in an editorial.
Senate Minority Whip John Thune, R-S.D., floated a last-minute bid Thursday to kill a $42.5 billion NTIA-led broadband equity, access and deployment grants program included in the bipartisan Infrastructure Investment and Jobs Act and redirect it to the FCC for similar purposes. The amendment appears unlikely to get a floor vote, in line with expectations on other GOP bids to strike or pare back the $65 billion broadband section of the infrastructure substitute to shell bill HR-3684 (see 2108040072).
Senate Minority Whip John Thune, R-S.D., and Commerce Committee ranking member Roger Wicker, R-Miss., believe it’s unlikely the chamber will hold votes on more amendments aimed at striking or paring back language in the $65 billion broadband section of the bipartisan Infrastructure Investment and Jobs Act filed as a substitute amendment to shell bill HR-3684 (see 2108020061), they told us Wednesday. Senators voted 43-55 Wednesday against one such amendment from Wicker.
Senate Majority Leader Chuck Schumer, D-N.Y., and Minority Leader Mitch McConnell, R-Ky., sparred Tuesday about the pace the chamber will take in considering the bipartisan Infrastructure Investment and Jobs Act, filed as a substitute amendment to shell bill HR-3684. Senate Commerce Committee ranking member Roger Wicker, R-Miss., is leading efforts to amend the infrastructure package’s $65 billion broadband title to address anti-digital redlining and consumer protection provisions some Republicans consider a potential back door to rate regulation (see 2108020061). Senate Democrats and Republicans are working to set up “additional votes” on amendments to the measure, but the chamber needs to “work efficiently to set up those votes,” Schumer told reporters. The “longer it takes to finish” consideration of HR-3684, “the longer we’ll be here” since the Senate “will complete both” the infrastructure bill and a separate resolution to set up a supplemental budget reconciliation package “before we leave for the August recess.” McConnell told reporters he favors “trying to get an outcome” on HR-3684, but the “best way to pass this infrastructure bill is to not try to file cloture today” and speed the process. “This is an extremely important bipartisan bill” and “to try to truncate” the amendments process “on something of this magnitude, I think is a mistake,” he said. If Schumer attempts to file cloture Tuesday to end amendments consideration, McConnell will urge Republicans to filibuster. Senators voted 95-1 Monday in favor of an amendment from Communications Subcommittee ranking member John Thune, R-S.D., and Sen. Jon Tester, D-Mont., to attach language from the Telecommunications Skilled Workforce Act (S-163 and see 2102020072). Sen. Susan Collins, R-Maine, touted on the Senate floor her work with Sen. Jeanne Shaheen, D-N.H., to reach a deal on the package’s broadband language. She hoped the Senate will vote on an amendment from Sen. John Cornyn, R-Texas, that would “give more flexibility to states to invest in broadband using some of the” money they received from previous COVID-19 aid bills. Sens. Rob Portman, R-Ohio; Michael Bennet, D-Colo.; and Angus King, I-Maine, cited the infrastructure package’s inclusion of $42.5 billion for an NTIA-administered Broadband Equity, Access and Deployment grants program, mirroring a proposal in their S-2071.