FCC action on Newsmax's January blackout on DirecTV (see 2301250042) is unlikely, though it generated a brief burst of complaints filed with the FCC plus House GOP lawmaker ire, media industry officials said in interviews. There also have been almost no signals a congressional hearing is likely in the near future, lawmakers and media observers told us. Newsmax and DirecTV didn't comment.
A Friday House Communications Subcommittee hearing intended to jump-start negotiations on a comprehensive spectrum legislative package touched on some of those policy issues, but subpanel members used it as a bully pulpit to blast the Senate for failing to prevent the FCC’s frequency auction authority from expiring Thursday, as expected (see 2303090074). The House gaveled out Friday for a recess scheduled to end March 22. Senate leaders and Sen. Mike Rounds, R-S.D., who disagreed about dueling bills to renew the commission’s mandate (see 2303080081), expect to return to negotiations this week.
The FCC’s spectrum auction authority was careening toward expiration late Thursday night, after the Senate gaveled out for the week without acting on dueling proposals to extend the mandate. Sen. Mike Rounds, R-S.D., earlier in the afternoon declared that an impasse between him and congressional leaders over the extension bills would continue into next week. Rounds failed Wednesday in his bid to pass his bill to lengthen a new renewal to last through Sept. 30 (S-650) by unanimous consent, as expected (see 2303080081). He also formally objected to advancing a House-passed measure to reauthorize the statute through May 19 (HR-1108). The deadlock will likely influence debate during a Friday House Communications Subcommittee hearing on spectrum legislative issues, lawmakers and lobbyists said in interviews.
Uncertainty about the prospects for congressional leaders to break a Senate impasse on the length of a new short-term extension of the FCC’s spectrum auction authority led lawmakers and industry officials to renew warnings, during a Tuesday Incompas event and in interviews, about the potential consequences if Capitol Hill allows the commission’s current mandate to expire as scheduled Thursday. Senators have been grappling with whether to accept a House-passed bill that would renew the FCC’s remit through May 19 (HR-1108) to give lawmakers more time to negotiate a broader spectrum legislative package (see 2302240066). Senate Majority Leader Chuck Schumer, D-N.Y., implied Monday there wasn’t a deal then (see 2303060071).
Another short-term extension of the FCC’s auction authority is the likeliest scenario amid a slow return to negotiations on a broader spectrum legislative package earlier this month and dwindling time left before the commission’s current mandate expires, lawmakers and other observers said in interviews. President Joe Biden signed off in December on a renewal of the FCC’s auction remit through March 9 that Congress enacted as part of the FY 2023 appropriations omnibus package after a deal to attach spectrum legislative language to the measure fell through at the last minute (see 2212300046).
House Communications Subcommittee leaders voiced optimism Wednesday that there will be bipartisan agreement soon on an updated version of the Satellite and Telecommunications Streamlining Act, the refiled Secure Space Act (HR-675) and other satellite legislation, but indicated after a hearing the subpanel may wait until March to advance the measures. Witnesses praised the bills, as expected (see 2302070066), but noted the need for some tweaks. Also on the docket: the Leveraging American Understanding of Next-Generation Challenges Exploring Space Act (HR-682), draft Advanced, Local Emergency Response Telecommunications Parity Act and draft Precision Agriculture Satellite Connectivity Act.
Republicans’ return to a House majority is unlikely to mean a big shift in the chamber’s approach to space policy and legislative priorities since those matters have generally been an area of bipartisan cooperation, policy experts said in interviews. The House Commerce Committee made its first foray into space matters for this Congress Thursday via a Communications Subcommittee hearing (see 2301270076) that lobbyists saw as a precursor to panel leaders’ plans to prioritize advancing legislation to revamp the FCC’s satellite licensing rules. House Commerce Chair Cathy McMorris Rodgers, R-Wash., staked the panel's claim to a role in space policy, saying during the hearing it has "been far too long since Congress reassessed the role of satellite technology in the communications marketplace and whether or not our regulatory environment encourages investment and innovation in the space economy, or hampers it."
The Democratic rosters for the Senate Commerce Committee and House Commerce Committee subpanels are changing only slightly for this Congress, after the House shift to a GOP majority and the Senate to outright Democratic control. Rep. Doris Matsui of California will be lead House Communications Subcommittee Democrat and former Consumer Protection Subcommittee Chairwoman Jan Schakowsky of Illinois will be Innovation Subcommittee ranking member, as expected (see 2211210058), said House Commerce ranking member Frank Pallone of New Jersey. Republicans previously announced Rep. Bob Latta of Ohio will chair House Communications and Rep. Gus Bilirakis of Florida will chair Innovation (see 2301250066).
Incoming Senate Commerce Committee ranking member Ted Cruz, R-Texas, objects to a proposal from panel Democratic leaders to have a third confirmation hearing on FCC nominee Gigi Sohn almost immediately after the committee formally organizes, Hill aides and lobbyists told us. Sohn’s supporters want Senate Commerce to expedite its handling of Sohn’s confirmation process as much as possible, but Republicans want a full re-vetting of the nominee (see 2301030060). Senate Commerce’s organization itself is unlikely until sometime next week given expectations Wednesday that the chamber won’t be able to vote on an overall organizing resolution until Tuesday at the earliest.
The revised March 9 expiration date for the FCC’s auction authority included in the FY 2023 appropriations omnibus package (HR-2617) is spurring House Communications Subcommittee leaders’ interest in quickly reaching a new deal on a spectrum legislative package when talks reconvene at the start of the 118th Congress. Capitol Hill passed the short-term reauthorization after the leaders of the House and Senate Commerce committees weren’t able to attach the Spectrum Auction Reauthorization Act (see 2212190069), a package of modified language from the upper chamber's version of the Spectrum Innovation Act (S-4117) and other related measures, to the omnibus. Senate Commerce leaders are divided on whether they will be able to advance the legislative package largely in its current form in the next Congress (see 2212270029).