Lead Republican lawmakers’ recent charge that the FCC was “deeply misleading” about the affordable connectivity program’s efficacy (see 2312150068) has solidified perceptions on and off Capitol Hill that it will be extremely difficult to reach a deal allocating additional money before the initiative's funding runs out next year, lobbyists and observers told us. Estimates peg ACP as likely to exhaust its initial $14.2 billion tranche from the 2021 Infrastructure Investment and Jobs Act during the first half of 2024 (see 2309210060). The White House is pushing for Congress to appropriate an additional $6 billion to fully fund the program through the end of 2024 (see 2310250075).
The House Commerce Committee voted 46-0 Tuesday to advance its version of the 5G Spectrum Authority Licensing Enforcement Act (HR-5677), clearing the way for floor action on the measure as a stopgap aimed at temporarily restoring parts of the FCC’s lapsed spectrum auction authority. The Senate unanimously cleared original version S-2787 in September amid some lawmakers’ push to jump-start stalled talks on broad spectrum legislation (see 2309220057). The measure 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 2309140051).
Lawmakers are beginning to talk about how to pivot from the House Commerce Committee-approved Spectrum Auction Reauthorization Act (HR-3565) text as Capitol Hill continues digesting findings of DOD's study about the potential effects commercial 5G use of the 3.1-3.45 GHz band will have on incumbent military systems (see 2311290001), lawmakers and lobbyists told us. Senate Commerce Committee Chair Maria Cantwell, D-Wash., acknowledges the unpublished DOD study’s findings likely mean lawmakers must forgo authorizing an auction of lower 3 GHz spectrum as part of a near-term compromise package.
Republican condemnation of the FCC’s actions since it shifted to a Democratic majority in late September -- and Democrats’ defense of the commission’s recent record -- dominated a Thursday House Communications Subcommittee hearing on agency oversight, as expected (see 2311290001). The hearing’s slightly rancorous tone signaled a return to more overtly partisan oversight, in contrast to relatively more bipartisan discussion when FCC commissioners testified in front of the subpanel in June, while the commission was still tied 2-2 (see 2306210076).
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).
House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., ranking member Frank Pallone, D-N.J., and others are hopeful that AI can aid in spectrum management activities, they said during a Communications Subcommittee hearing Tuesday. Rodgers and Pallone also praised the Biden administration Tuesday for releasing its long-awaited national spectrum strategy (see 2311130048). However, Senate Commerce Committee member Sen. Deb Fischer, R-Neb., was far less enthusiastic about the plan, which directs NTIA to study the 3.1-3.45, 5.03-5.091, 7.125-8.4, 18.1-18.6 and 37.0-37.6 GHz bands over the next two years for potential repurposing.
The Biden administration released its long-awaited national spectrum strategy and a presidential memorandum on modernizing U.S. spectrum policy at a White House ceremony Monday. The plan identifies the 3.1-3.45, 5.03-5.091, 7.125-8.4, 18.1-18.6 and 37.0-37.6 GHz bands for further study by NTIA over the next two years for potential repurposing (see 2311130007). But the plan omits other bands thought to be in the federal cross-hairs. FCC Commissioner Brendan Carr slammed the strategy.
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.
Sen. John Kennedy, R-La., and other backers of his Senate-passed 5G Spectrum Authority Licensing Enforcement Act (S-2787) are resuming their push for the House to pass the measure now that the chamber has resolved the leadership crisis that halted all legislative activity for most of October. The measure’s backers believe its enactment may be the easiest way to blunt the short-term effects of the FCC losing its spectrum auction authority, a lapse that began almost eight months ago. Lawmakers are continuing to press for full restoration of the mandate but believe that will be difficult until DOD releases its much-anticipated report on repurposing the 3.1-3.45 GHz band for commercial 5G use.
FCC Public Safety Bureau Chief Debra Jordan and lawmakers voiced optimism during a Wednesday night CTA event about the trajectory of the commission’s work on its August NPRM on a voluntary Cyber Trust Mark cybersecurity labeling program for smart devices (see 2308100032). Jordan offered few updates on the FCC’s progress in developing the NPRM’s record but emphasized that replies to comments filed earlier this month (see 2310100034) are due Nov. 10. “Smart devices make our lives easier” and “more efficient” including via “remotely monitoring the thermostat, knowing when your oven is preheated or the health of our kids,” Jordan said. “But increased interconnection also means increased opportunity for bad things to happen with regard to security and privacy.” Cyber Trust Mark will help consumers “get clear information about the devices that they’re considering buying based on” NIST’s “widely accepted” cybersecurity standards and other “industry research,” she said: “We envision a strong partnership” with the private sector “to make this happen,” similar to the joint Energy Department-Environmental Protection Agency Energy Star program. House Communications Subcommittee Chairman Bob Latta, R-Ohio, said he and other lawmakers are “carefully following” the FCC’s work on the cybersecurity labeling program, which “has the potential to be a good first step in educating consumers.” He cautioned that “we must also make sure the FCC relies on cybersecurity and industry experts to get this right.” Ranking member Doris Matsui, D-Calif., and Rep. Suzan DelBene, D-Wash., also praised the proposed program. It “will provide consumers with better cybersecurity,” invoking the “Good Housekeeping seal of approval” as a model. “Anything that helps somebody understand whether or not what they’re purchasing” meets cybersecurity standards is a good thing, she said.