Commerce Department and DOD officials will brief House Commerce Committee members Thursday on the findings of a Pentagon study about how commercial 5G use of the 3.1-3.45 GHz band would affect incumbent military systems, as expected (see 2312280044), Communications Subcommittee Chairman Bob Latta, R-Ohio, told us Wednesday. Panel Chair Cathy McMorris Rodgers, R-Wash., and others were pressing for more details about the DOD report as they determine whether its findings justify ruling out an auction of the frequency (see 2311290001). House Commerce advanced its Spectrum Auction Reauthorization Act (HR-3565) in May with language mandating an auction with an eye to using revenue to pay for other telecom projects (see 2305240069). Rodgers pressed Diane Rinaldo, Open RAN Policy Coalition executive director, during a Wednesday House Communications hearing (see 2401170078) on how the FCC’s lapsed spectrum auction authority, which House Commerce wants to restore via HR-3565, would bolster U.S. development of open radio access networks (ORANs). “If you want more ORAN, you need more spectrum,” said Rinaldo, a former acting NTIA administrator. “My members need consistency. They need an understanding of how their business is going to roll out the next couple of years. Coming to a standstill hurts us all and hurts future innovation.”
NTIA’s administration of the Public Wireless Supply Chain Innovation Fund (Wireless Innovation Fund) drew criticism from some House Communications Subcommittee Republicans during a Thursday hearing over concerns the agency was slow to use it to aid development of U.S. open radio access networks (see 2401160068). Subpanel Democrats conversely eyed whether Congress should allocate additional funding to the NTIA initiative for ORAN use. Members of both parties sought to tie future ORAN development to the push to give the FCC’s Secure and Trusted Communications Networks Reimbursement Program an additional $3.08 billion to close a funding shortfall that could hurt the goal of removing suspect gear from U.S. networks (see 2311070050).
Former NTIA acting Administrator Diane Rinaldo and other witnesses set to testify during a Wednesday House Communications Subcommittee hearing say in written testimony that smart, expedited use of funding from NTIA’s Public Wireless Supply Chain Innovation Fund (Wireless Innovation Fund), among other actions, will help supercharge innovation in U.S. open radio access networks. Several witnesses also urge accelerated development of ORAN standards, ensuring equipment interoperability. The hearing is set to begin at 2 p.m. in 2123 Rayburn, the House Commerce Committee said Tuesday.
House Communications Subcommittee members again raised concerns about the impact the FCC Secure and Trusted Communications Networks Reimbursement Program’s $3.08 billion funding shortfall is having on removing suspect gear from U.S. networks, as expected (see 2401100072). Their concerns came during a hearing Thursday. In addition, subpanel members offered generally positive reviews of the FCC's voluntary Cyber Trust Mark cybersecurity labeling program for smart devices (see 2308100032), but some GOP leaders were skeptical that it would remain voluntary as advertised.
A Thursday House Communications Subcommittee hearing on communications infrastructure cybersecurity issues is expected to include the FCC’s Secure and Trusted Communications Networks Reimbursement Program and the thus far unsuccessful push to allocate another $3.08 billion to fully pay back participants (see 2311070050). However, just one of four scheduled witnesses mentions the matter in written testimony. Other items the House Commerce Committee identifies in a memo ahead of the hearing include the FCC’s NPRM seeking to establish a schools and libraries cybersecurity pilot program, the commission’s voluntary Cyber Trust Mark cybersecurity labeling effort for smart devices (see 2308100032) and concerns about Chinese telecom equipment manufacturers’ potential threat to U.S. IoT devices. The hearing is scheduled to begin at 10 a.m. in 2123 Rayburn.
Congressional backers of the AM Radio for Every Vehicle Act (HR-3413/S-1669) are eyeing alternate routes to have it pass this year amid continued obstacles that stymied the measure in both chambers in 2023. The legislation would require a Transportation Department mandate for inclusion of AM radio technology in future vehicles. Senate Commerce Committee ranking member Ted Cruz, R-Texas, failed to get unanimous consent approval of S-1669 in December (see 2312060073) amid opposition from Sen. Rand Paul, R-Ky. Senate Commerce advanced the measure in July (see 2307270063).
Congress is unlikely to follow up the 5G Spectrum Authority Licensing Enforcement Act (S-2787) with a near-term agreement on a broader spectrum legislative package, certainly not in time to factor into the upcoming debate over funding the federal government once an existing continuing resolution expires Feb. 2, lawmakers and lobbyists told us. President Joe Biden signed the 5G Sale Act last week (see 2312200061), giving the FCC temporary authority to issue 2.5 GHz band licenses that T-Mobile and others won in a 2022 auction. All sides view the measure as a stopgap, required after months of stalled talks on Capitol Hill for a broader legislative package that would renew the FCC’s lapsed general auction authority (see 2312040001).
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).
Republican lawmakers are eyeing further action in opposition to FCC data breach notification rules (see 2312130019), but what form this will take is unclear, Capitol Hill aides and lobbyists told us. GOP leaders say the rules sidestep a 2017 Congressional Review Act resolution of disapproval that rescinded similar regulations as part of the commission's 2016 ISP privacy order (see 1704030054). Republican FCC Commissioners Brendan Carr and Nathan Simington raised the CRA in their dissents as the commission approved the rules last week 3-2.
President Joe Biden signed off Tuesday on the 5G Spectrum Authority Licensing Enforcement Act (S-2787), as expected, the White House said. The measure, which the House passed last week, gives 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. Lawmakers viewed the measure as a stopgap measure, required after months of stalled Capitol Hill talks on a broader legislative package that would renew the FCC’s lapsed general auction authority.