Communications Daily is a service of Warren Communications News.
Floor Consideration Pending

CTIA-Opposed Spectrum Amendments in Order as NDAA Goes to House Floor

House lawmakers decided to take up some of the spectrum amendments that alarmed CTIA (see 1605130054), in a second tranche of floor amendments to the National Defense Authorization Act (NDAA) for FY 2017 (HR-4909). CTIA singled out three amendments of deep concern out of the more than 300 filed, two that will proceed to floor consideration and one that won't. The House Rules Committee deemed 61 amendments in order Monday, and on Tuesday another 120 amendments in order. The chamber hadn't vote on the measure or the amendments at our deadline.

Sign up for a free preview to unlock the rest of this article

Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!

Amendments in order include one from Reps. Mike Rogers, R-Ala., and Rep. Jim Cooper, D-Tenn., that would update “current law concerning the management of spectrum auctions and the protection of Global Positioning System (GPS) adjacent frequency bands,” its description said. CTIA President Meredith Baker rejected it as harmful: “While this amendment purports to restate current law, it actually does far more than that and should be rejected. ... [T]he proposed amendment would obligate the FCC to consider work being performed by the Department of Transportation (DOT) and testing and analysis being conducted by the Department of Defense (DOD) (none of which is subject to any time limit).”

Rules also deemed in order the amendment from Armed Services Committee Chairman Mac Thornberry, R-Texas, that purports to assure “the management of spectrum auctions and national security equities.” It would add language for “protection of certain federal spectrum operations” relevant to reporting on federal spectrum. Baker said he “flawed” amendment would “require the establishment of undefined exclusion zones for undefined radiofrequency spectrum to protect operations at the Nevada Test and Training Range” but “the type of evaluation the amendment contemplates already occurs routinely.” She said it raises more questions than answers.

The final amendment CTIA opposed failed this week. Thornberry and Armed Services Committee ranking member Adam Smith, D-Wash., originally filed language they said would restate “current law concerning spectrum auction process, which requires Secretary of Defense-Chairman of the Joint Chiefs of Staff approval prior to withdrawal of Department of Defense spectrum for an auction.” The Rules Committee now lists the amendment as withdrawn and no longer lists Smith as a backer. Smith, speaking on the House floor Wednesday, said he would vote "no" on the NDAA due to unrelated policy concerns.

Other amendments deemed in order include an amendment from Rep. Terri Sewell, D-Ala., to allow cyber institutes to "place a special emphasis on entering into a partnership ... with a local educational agency located in a rural, underserved, or underrepresented community.” Also included in order was one from Rep. Pete Aguilar, D-Calif., to create “a pilot program to improve the ability of the Army and Air Force ... to recruit cyber professionals” and one from Reps. Richard Hanna, R-N.Y., and Derek Kilmer, D-Wash., that would direct the “Small Business Development Centers to provide, to the extent practicable, cyber assistance to small businesses” and require it and the Department of Homeland Security “to develop a joint ‘SBDC Cyber Strategy’ to provide necessary guidance to Small Business Development Centers regarding how they can improve the coordination and provision of federal cyber assistance to small businesses.” Also in order was language from Reps. Patrick Meehan, R-Pa., and Ryan Costello, R-Pa., to express “a sense of Congress that reiterates the importance of strong communications systems for the National Guard in the event of a cyber or terrorist attack.” Several of the filed amendments on drone and surveillance policy (see 1605120011) were not deemed in order.

The White House released a statement of administration policy Monday saying if the president were presented with HR-4909, his senior advisers would recommend a veto. Minority Whip Steny Hoyer, D-Md., circulated a message to House Democrats urging them to vote "no" on the measure.