The Competitive Carriers Association, NTCA and six other industry groups urged congressional leaders Thursday to “fully fund” the FCC’s Secure and Trusted Communications Networks Reimbursement Program "before the 117th Congress adjourns." Lawmakers are eyeing whether it’s feasible for them to include the full $3.08 billion in additional money needed for the program in a potential FY 2023 appropriations omnibus package currently in negotiations (see 2212070068). “Absent the funding of this shortfall, carriers could only be reimbursed for approximately 40% of their costs, which would preclude them from completing the process,” the groups said in a letter to Senate Majority Leader Chuck Schumer, D-N.Y., House Speaker Nancy Pelosi, D-Calif., and their GOP counterparts released Friday. “The successful implementation of this Congressionally mandated national security imperative depends on fully and immediately funding the Program.” Failure “to fund the Program will mean that carriers cannot complete the job of removing and replacing vital equipment in their networks, and the result will be partial or complete shutdowns of service in many areas where no other carrier provides service,” the groups said: “Affected carriers have already begun the ‘rip and replace’ process at the direction of both Congress and the FCC, committing and expending significant resources in good faith reliance that the Program would be fully funded. Beyond planning, some carriers cannot begin implementation until more funding is available or they risk being stuck mid-stream with no path forward and no path back.” The other signers were the Information Technology Industry Council, NATE, the Rural Wireless Association, the Telecommunications Industry Association, the Wireless Infrastructure Association and WTA.
FCC Commissioner Nathan Simington hailed House Commerce Committee leaders Friday for formally filing the Satellite and Telecommunications Streamlining Act (HR-9463). The measure, which House Commerce Chairman Frank Pallone, D-N.J., and ranking member Cathy McMorris Rodgers, R-Wash., circulated in draft form in February (see 2202110064), aims to revamp the FCC's low-earth orbit satellite licensing rules by requiring the commission to issue “specific performance requirements” for satellite licensees to meet on space safety and orbital debris. “Congress has recognized that we must act quickly to secure America’s role as the home to the most innovative new companies in the emerging launch and satellite sectors,” Simington said: “We must therefore ensure that we do not delay U.S. leadership by allowing providers of these invaluable services to get bogged down in the regulatory process. This legislation gives government the keys to ensuring that we continue to lead the world in robust connectivity and in the deployment of new technologies.” Pallone and Rodgers filed HR-9463 and a second bill, the Secure Space Act (HR-9464), Thursday. SSA would bar the FCC from granting satellite licenses to any entity the FCC deems a national security risk under the Secure and Trusted Communications Networks Act. “America is leading the way in next-generation satellite technologies, which are contributing to a revolution in the communications marketplace,” the lawmakers said: “To make sure the U.S. -- not China -- continues to lead this global industry, we must streamline our regulatory processes to unleash innovation while also ensuring our laws fully protect the American public. We continue to encourage all interested parties to engage with us as we work to usher in a new era of investment and innovation in this critical sector.”
Senate Commerce Committee ranking member Roger Wicker, R-Miss., and Communications Subcommittee ranking member John Thune, R-S.D., criticized Commerce Department Inspector General Peggy Gustafson for what they say is a failure to adequately do oversight of NTIA's tribal broadband connectivity program. Congress mandated when it authorized the program via the FY 2021 appropriations and COVID-19 aid law (see 2012220061) that the Commerce IG "review TBCP grants awarded by NTIA and make recommendations to address any waste, fraud or abuse with respect to these grants," with the first two reports due May 16 and Nov. 16 this year, Wicker and Thune said in a letter to Gustafson. The IG office's failure to meet those deadlines "is deeply concerning for two reasons: 1) NTIA has a long and well-documented history of misusing federal dollars when attempting to expand broadband access; and 2) your office has had a significant and ongoing problematic history." Congress has also "recently heard testimony of funds being used to overbuild existing broadband networks which makes it even more alarming your office would disregard its oversight responsibilities," the GOP leaders said. They want Gustafson to "provide a specific timeline" by Dec. 16 for providing the reports to Congress. Commerce didn't comment. Thune earlier this week began a bid for stronger oversight of all federal broadband programs funded by the Infrastructure Investment and Jobs Act and other recent measures (see 2212060067).
The Senate Commerce Committee advanced the renomination of CPB board Vice Chair Rubydee Calvert and board nominee Diane Kaplan on voice votes Wednesday. Calvert has been on the CPB board since 2018 (see 1805250011). President Joe Biden nominated Kaplan, Rasmuson Foundation CEO, in July (see 2207070053).
Reps. Jimmy Panetta, D-Calif., and Mike Kelly, R-Pa., bowed a House version of the Broadband Grant Tax Treatment Act (S-5021) Wednesday, drawing praise from several communications industry groups. The measure would amend the Internal Revenue Code to ensure that broadband funding from the Infrastructure Investment and Jobs Act and American Rescue Plan Act doesn’t count as taxable income. Senate Intelligence Committee Chairman Mark Warner, D-Va., and Sen. Jerry Moran, R-Kan., filed S-5021 in September (see 2209290067). “Although Congress recently provided historic investments to build out our nation’s broadband, many of the small businesses and companies that will use that federal funding to construct the networks and connect our homes could face steep taxes,” Panetta said: “This bill would exempt those grants from federal taxation and ensure that those dollars go directly towards our goal of universal broadband. Congress is working together to address the digital divide with investment and incentives and this bipartisan legislation would make it easier and quicker to close that gap with connectivity all across America.” Panetta’s office cited support from CTIA, NTCA, USTelecom and WTA.
The House passed an amended version of the Data Mapping to Save Moms’ Lives Act (S-198) Tuesday 380-46 as part of an en bloc package. The measure and previous House-passed companion HR-1218 (see 2204050066) would require the FCC to include data on certain maternal health outcomes in its broadband health mapping tool. The Senate passed S-198 in March (see 2203030037). The U.S. “has the highest rate of maternal mortality among the developed nations -- a sad and inexcusable reality,” said House Commerce Committee Chairman Frank Pallone, D-N.J., and Communications Subcommittee Chairman Mike Doyle, D-Pa., after the vote. “That’s why today the House continued its work to address this crisis by passing” S-198 “to integrate maternal health data, including mortality and severe morbidity, into” the FCC’s “health mapping platform.” The measure “will help us better understand the telehealth and telecommunications barriers too many women face so that we can adopt informed, robust connectivity policies that keep Americans safe and healthy,” the Democratic lawmakers said.
Senate Communications Subcommittee ranking member John Thune, R-S.D., said Tuesday he plans to begin work to review all federal broadband funding programs in a bid to hold executive branch agencies accountable for their disbursal of money from the Infrastructure Investment and Jobs Act and other measures. “To ensure rural communities have access to these services, it is critical for federal agencies to efficiently spend funds on the areas that need it the most,” he said: “Every federal dollar that has been spent should go toward the stated purpose of expanding connectivity to truly unserved areas. Congressional oversight has been noticeably absent in these areas, and there is serious concern that the federal government would repeat previous mistakes where agencies’ gross mismanagement of broadband funds fell on the backs of taxpayers across the country. It is time for Congress to exercise its oversight responsibilities and hold the government accountable to hardworking taxpayers.” House Communications Subcommittee ranking member Bob Latta, R-Ohio, said oversight of federal broadband money outlays will be a major component of Commerce Committee oversight once the GOP reclaims the majority in January (see 2210310073). A sample letter Thune’s office released Tuesday would press entities to provide information by Jan. 6 on the “organization’s comments on the current broadband regulatory structure and your organization’s priorities” for federal money. Thune’s IIJA-specific questions include whether an entity believes “NTIA followed Congress’ intent in establishing a technology-neutral approach” to the measure’s funding and whether Congress should “consider amending the IIJA statute to make it more explicit that all technologies are allowed to participate.” He also focuses on NTIA’s notice of funding opportunity for the broadband, equity, access and deployment program grants. Senate Commerce Committee Republicans criticized NTIA’s plans for rolling out the BEAD money during a June hearing (see 2206090072).
The House plans to vote as soon as Tuesday on an amended version of the Data Mapping to Save Moms’ Lives Act (S-198) under suspension of the rules. S-198 and previously House-passed companion HR-1218 (see 2204050066) would require the FCC to include data on certain maternal health outcomes in its broadband health mapping tool. The Senate passed S-198 in March (see 2203030037). The measure “seeks to help lawmakers, public health officials and the public at large to consider” whether “issues of connectivity and maternal health outcomes” can be considered “in tandem” and provide “a better idea” of “how connectivity and health data intersect,” House Commerce Committee Chairman Frank Pallone, D-N.J., said during brief floor debate Monday. “This will help us better target telehealth services to vulnerable populations and communities at risk of maternal mortality and morbidity.”
Republican Georgia Senate candidate Herschel Walker raised concerns Saturday about reports from Communications Daily and other media outlets that defeated 2022 Democratic Georgia gubernatorial nominee Stacey Abrams may be a contender for an FCC seat if the Senate doesn’t confirm current commission nominee Gigi Sohn before the end of this Congress (see 2211300074). Abrams campaign spokesperson Michael Holloman partially countered those reports, saying in a statement the Georgia Democrat “has not applied for or sought out a position” at the FCC. Walker claimed if Democratic incumbent Senate Commerce Committee member Raphael Warnock wins a Tuesday runoff election, he will “keep voting against the people of Georgia and in support of his mentor” Abrams. “When I’m in” the Senate “I’ll fight to stop Stacey from ever coming to Washington,” Walker said. Incumbent Warnock has led Walker in most polls conducted since the Nov. 8 general election, including a 4 percentage point lead in a CNN survey released Friday. A Warnock win would give Democrats a 51-49 Senate majority at the start of the next Congress.
The Orbital Sustainability Act (S-4814) and orbital debris issues drew only limited attention during a Thursday Senate Commerce Space Subcommittee hearing on the future of satellite-based earth observation. S-4814, which subpanel Chairman John Hickenlooper, D-Colo., and ranking member Cynthia Lummis, R-Wyo., filed in September, would require the Commerce Department to work with the FCC and National Space Council to develop and promote standard practices for avoiding collisions and near hits between spacecraft in orbit (see 2209140062). Maxar CEO Dan Jablonsky praised the measure during the hearing, calling it a “great step in protecting and maintaining a sustainable space environment for the future.” Lummis later asked NASA Chief Scientist Kate Calvin about whether “growing amounts of orbital debris” pose a threat to the Landsat program. NASA agrees “it’s important to ensure that space is usable for years to come,” Calvin said: “Space debris and megaconstellations are an issue that needs to be addressed by U.S. leadership.”