Cornyn Eyes Next Steps on 5G Security Bill, Like Meeting Rivada
Sen. John Cornyn, R-Texas, is considering ways to advance his Secure 5G and Beyond Act (S-893), including plans to meet with Rivada, which favors the U.S. government making spectrum being reserved for 5G available to carriers on wholesale. President Donald Trump's re-election campaign commented in favor of such an approach earlier this year but later walked back amid perceptions it was in conflict with the White House's existing 5G policy (see 1903040058). The Senate Commerce Committee is moving to quickly advance the Eliminate From Regulators Opportunities to Nationalize the Internet in Every Respect (E-Frontier) Act (S-918), which Sens. Ted Cruz. R-Texas, and Catherine Cortez Masto, D-Nev., refiled Wednesday, as expected (see 1903050069).
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Cornyn told reporters Thursday he views the FY 2020 National Defense Authorization Act as one possible vehicle for advancing S-893, though it's early in that process. S-893, which Cornyn and Senate Intelligence Committee leaders filed Wednesday, would require the president develop a strategy for ensuring security of 5G networks and infrastructure. NTIA would be the lead agency in implementing it (see 1903270065).
“We were able to work out” the inclusion of language in the FY 2019 NDAA that expanded the scope of the Committee on Foreign Investment in the U.S. (see 1808130064), which constituted a “similar play” to the possible inclusion of S-893 language in the next iteration of the law, Cornyn said. The CFIUS revamp language, drawn from the Foreign Investment Risk Review Modernization Act, allows the committee to probe more investments, including in "critical" technology or infrastructure companies (see 1804260029). Adding S-893's language into the FY 2020 NDAA “depends on a lot of moving parts, but that would please me if we could” do it, Cornyn said.
“We've invited” Rivada “to come and tell us their story” and argument in favor of the wholesale 5G spectrum approach, Cornyn said. “We're still listening and learning.” S-893 includes language that would bar White House 5G security strategy from including a recommendation to nationalize the technology or future wireless technologies, but “we haven't really gotten into any of the details” of the bill with Rivada officials, Cornyn said. “Frankly, it's a pretty complex topic.”
Rivada's meeting with Cornyn's office, set for next week, won't include Rivada adviser and former White House Deputy Chief of Staff Karl Rove, as some officials initially claimed, said Rivada Senior Vice President-Corporate Communications Brian Carney. Rivada believes legislative language formally barring 5G nationalization is “not necessary” because it seeks to “defend against a proposal that nobody is making and as far as we can tell no one supports,” Carney said. A lot of “misconceptions” and “misinformation” are being spread about Rivada's support for wholesale 5G spectrum access. “We don't support and we have never advocated for mandatory networks at all,” he said. “Our business idea has always been for a voluntary market-based wholesale network that would compete with other people offering wholesale telecom services.”
CTIA supports S-893. The proposal “confirms that American free-market principles and competition are the best way to enhance our nation’s economy and shows our allies our commitment to protecting our wireless networks and customers,” said Senior Vice President-Government Affairs Kelly Cole Thursday.
Senate Commerce plans an April 3 executive session with a markup of S-918. The bill, filed last year, would bar the White House from proposing the U.S. build a national 5G network without congressional authorization (see 1807230059). The committee also plans to mark up the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (S-151) and the Space Frontier Act (S-919). S-151 would increase FCC authority, allowing the agency to levy civil penalties of up to $10,000 per call when the caller intentionally flouts the Telephone Consumer Protection Act. The bill would extend to three years the window for civil enforcement (see 1901170039). S-919, which Cruz refiled Wednesday, would streamline regulations on licensing commercial space launches and remote sensing spacecraft (see 1808010047).
Senate Commerce will also consider advancing confirmations of acting Consumer Product Safety Commission Chairman Anne Marie Buerkle (see 1901220020) and Assistant Secretary of Transportation nominee Diana Furchtgott-Roth. The session will begin at 9:30 a.m. in G50 Dirksen.
Reps. Tony Cardenas, D-Calif., Jim Banks, R-Ind., and Filemon Vela, D-Texas, are expected to “shortly” file a House companion to S-918, Cruz's office said. “To achieve our full potential as the dominant mobile broadband technology leader, it is imperative we prevent government overreach in 5G nationalization efforts,” Cruz said. Cruz and Cortez Masto originally bowed the legislation in response to a leaked NSC draft memo that proposed 5G nationalization because of concerns China could otherwise build a network (see 1801290034).
Reintroduction of S-918 got support from FCC Commissioner Mike O'Rielly and CTA Senior Vice President-Government and Regulatory Affairs Michael Petricone. O'Rielly tweeted he's a “strong supporter of this bill” and lauded the senators for “opposing wacky” ideas. “5G services can & should only happen by private sector wireless providers,” he said. “Any type of nationalization or convoluted mandatory wholesale network is a nonstarter.” Petricone tweeted. “Nationalizing our #5G infrastructure is a terrible idea. We can’t beat China by becoming like China.”