The House passed the Spectrum Innovation Act (HR-7624) and three other telecom and tech bills Wednesday night, drawing praise from lawmakers and some stakeholders. The chamber voted 336-90 for an en bloc package that included HR-7624 and two of the other bills, the Reporting Attacks from Nations Selected for Oversight and Monitoring Web Attacks and Ransomware from Enemies Act (HR-4551) and Safe Connections Act (HR-7132). Lawmakers voted 416-12 for the Advancing Telehealth Beyond COVID–19 Act (HR-4040). HR-7132 and HR-7624 "provide our nation’s mobile networks with the spectrum resources necessary to provide next-generation wireless technologies, promote wireless innovation, fund important public safety priorities like Next Generation 9-1-1, and ensure that phone contracts cannot be used to perpetuate abuse when survivors and abusers share a phone contract," said House Commerce Committee Chairman Frank Pallone, D-N.J., and Communications Subcommittee Chairman Mike Doyle, D-Pa. "The bipartisan bills passed today will enhance spectrum management, strengthen public safety communications tools" and "secure our networks from countries like China," said House Commerce ranking member Cathy McMorris Rodgers, R-Wash., and Communications ranking member Bob Latta, R-Ohio. Matt Mandel, Wireless Infrastructure Association senior vice president-government and public affairs, praised lawmakers for "prioritizing America’s leadership in wireless network innovation by voting to make more spectrum available for commercial and shared use" via HR-7624. The measure would renew the FCC's auction authority through March 31, 2024, and authorize sales of 3.1-3.45 GHz spectrum licenses. "Making additional Federal spectrum resources available for commercial use will provide significant benefits for the industry, the economy, and most importantly, consumers," said Competitive Carriers Association President Steve Berry: HR-7132 "will help survivors of domestic violence remain connected."
The Senate Communications Subcommittee plans a Tuesday hearing on renewing the FCC’s spectrum auction authority and related legislative issues, as expected (see 2207180067). The House is expected to vote as soon as Wednesday night on the Spectrum Innovation Act legislative package (HR-7624) to extend the FCC's authority past its current Sept. 30 expiration date. The measure's backers argued on its behalf Tuesday (see 2207260063). Witnesses set to testify Tuesday include Public Knowledge CEO Chris Lewis, who opposes HR-7624’s proposal to extend the FCC’s remit by 18 months, to March 31, 2024, and CTIA President Meredith Baker, whose group backs a short-term renewal. The upcoming renewal deadline means “Congress has a unique opportunity to set future spectrum priorities and coordination goals to encourage efficient spectrum use,” the Senate Commerce Committee said: “Past disputes” between the FCC and other federal agencies on spectrum issues (see 2010260001) “have demonstrated the importance of strong leadership at” the commission and NTIA “to ensure coordinated agency management of this important resource. This coordination will become even more important as developing technologies lead to better spectrum sharing in the future.” Also on the witness list: Brattle Group principal Coleman Bazelon and GAO Director-Physical infrastructure Andrew Von Ah. The hearing will begin at 2:30 p.m. in 253 Russell.
The House passed the Institute for Telecommunication Sciences Codification Act (HR-4990) by voice vote Wednesday. The measure would provide statutory authority for ITS’ role in managing NTIA’s telecom and spectrum technology programs. HR-4990 would give ITS clear authority to set “the use of innovative sharing technologies for our airwaves and improving the interference tolerance of federal systems operating with or using federal spectrum,” House Commerce Committee Chairman Frank Pallone, D-N.J., said on the floor. The House was expected to vote as soon as Wednesday night on four other telecom and tech bills: Advancing Telehealth Beyond COVID–19 Act (HR-4040), Reporting Attacks from Nations Selected for Oversight and Monitoring Web Attacks and Ransomware from Enemies Act (HR-4551), Safe Connections Act (HR-7132) and Spectrum Innovation Act legislative package (HR-7624). Debate on the measures happened Tuesday (see 2207260063).
Sens. Ed Markey, D-Mass., and Ron Wyden, D-Ore., plan to file the Net Neutrality and Broadband Justice Act Thursday, as expected (see 2207180063), Markey’s office confirmed Wednesday. House Communications Subcommittee Vice Chair Doris Matsui, D-Calif., is expected to file the lower chamber's companion version. The measure would reinstate the FCC’s 2015 reclassification of broadband as a Communications Act Title II service. It “appropriately classifies internet as an essential service" and brings back the FCC’s “rightful authority to reinstate net neutrality protection, including prohibiting discriminatory" practices "like blocking, throttling and paid prioritization online,” Markey’s office said in a statement. The bill’s sponsors plan a 2:30 p.m. Thursday news conference and a 5:30 p.m. Reddit Ask Me Anything session to publicize its introduction.
Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., filed the Secure and Fair Enforcement (Safe) Advertising Act Tuesday in a bid to allow broadcasters to air ads for cannabis and hemp products if a station is licensed in a state where such products are legal. The House passed an FY 2023 omnibus appropriations package that includes funding for the FCC, FTC and Agriculture Department rural broadband programs (HR-8294) earlier this month with language barring the FCC from revoking or otherwise conditioning a broadcaster’s license because it airs ads for cannabis products (see 2206270061). The Safe Advertising Act mirrors the HR-8294 language’s intent in an expanded form. “As more states enact common-sense cannabis legislation, it’s crucial that radio and TV stations can accept advertising without fear of losing their license,” Lujan said. “With health and safety measures in place, this legislation will allow broadcasters to accept cannabis advertisements in accordance with” state laws. “Due to outdated government regulations, only local radio and television broadcasters face legal exposure for advertising cannabis products permitted under state law,” said NAB President Curtis LeGeyt. The Safe Advertising Act “would finally level the playing field and create necessary regulatory certainty for broadcasters.” New York State Broadcasters Association President David Donovan and New Mexico Broadcasters Association President Paula Maes praised the measure in statements circulated by the pro-cannabis ad group Safe Advertising Coalition.
The House is expected to vote as soon as Tuesday under suspension of the rules on the Spectrum Innovation Act legislative package (HR-7624), as expected (see 2207180067), the office of Majority Leader Steny Hoyer, D-Md., said Friday. The chamber will also consider two other telecom bills the Commerce Committee cleared earlier this month: the Institute for Telecommunication Sciences Codification Act (HR-4990) and Safe Connections Act (HR-7132). HR-4990 would provide statutory authority for ITS’ role in managing NTIA’s telecom and spectrum technology programs. HR-7132 and Senate-passed companion S-120 would let domestic abuse survivors separate a mobile phone line from a shared plan involving their abusers without penalties or other requirements and require the FCC to establish rules that ensure calls and texts to domestic abuse hotlines don’t appear on call logs (see 2203180070). The HR-7624 version House Commerce advanced would extend the FCC’s spectrum auction authority through March 31, 2024, and authorize a 3.1-3.45 GHz auction with some sales proceeds allocated to pay for next-generation 911 tech upgrades and additional funding for the FCC’s Secure and Trusted Communications Networks Reimbursement Program (see 2207130066). Hoyer’s office also confirmed plans (see 2207210063) to vote as soon as Wednesday on the Advancing Telehealth Beyond COVID-19 Act (HR-4040).
Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., and Sen. Cory Booker, D-N.J., filed the Uncap America Act Thursday in a bid to “prohibit predatory data caps” on U.S. broadband services by restricting ISPs to impose limits only for “reasonable” network management purposes. The measure would direct the FCC to promulgate rules defining when a data cap is considered to be tailored for network management and give the commission enforcement authority when ISPs violate those conditions. “As internet usage continues to be a necessity for work, education, and health care, no family should have to worry about extra fees and costs because of unnecessary limits on their data,” Lujan said. “Internet access is a basic necessity and has been increasingly important throughout the coronavirus pandemic,” Booker said: “Unfortunately, many internet providers have imposed predatory data caps, making it difficult for many vulnerable families to access high-speed internet.” Public Knowledge Senior Policy Counsel Jenna Leventoff praised Lujan and Booker for working to eliminate “this baseless price gouging.” The “bill will ensure that ISPs are not allowed to include frivolous data caps at the expense of consumers,” said Consumer Reports Senior Policy Counsel Jonathan Schwantes. “Americans need fast, reliable and affordable internet connections that are free from the burden of data caps that chill internet use and make it more expensive.” Incompas also backs the legislation.
The House will vote next week on the Advancing Telehealth Beyond COVID-19 Act (HR-4040), Majority Leader Steny Hoyer, D-Md., said on the floor Thursday. HR-4040 would permanently lift some restrictions on Medicare reimbursement for telehealth services and coverage of those services at federally qualified health centers and rural health clinics. It would also remove restrictions that limit healthcare providers’ ability to give their patients access to smart devices and innovative digital technology. HR-4040 “would further extend critical telehealth policies implemented during” the pandemic, Hoyer said. Congress lifted some limits on telehealth eligibility for Medicare in March 2020 (see 2003250046). Lawmakers have supported proposals to make those rollbacks permanent (see 2008170064).
Privacy legislation the House Commerce Committee advanced Wednesday (see 2207200061) is stronger than California’s privacy law in “nearly every way,” said Future of Privacy Forum Legislative Research and Analysis Director Stacey Gray Thursday. The Software & Information Industry Association said the approval process moved the bill away from compromise positions and it needs more input from stakeholders before it’s ready for the floor. Gray said the bill’s civil rights provisions are “substantially stronger” than any state law, and it also resolves some of California’s procedural concerns, “including the possibility that it could nullify the state agency’s current enforcement and rulemaking powers.” SIIA President Jeff Joseph said the bill in its current form could “undermine consumer protection and lead to increased costs or reduced quality services for consumers and open the door to a greater, unworkable patchwork of U.S. privacy laws.” Industry, academic and advocacy groups need more time to provide feedback on the legislation, said Joseph.
Congressional leadership should move antitrust legislation that’s ready for floor action in both chambers, said House Judiciary Committee Chairman Jerry Nadler, D-N.Y., Tuesday with the formal publishing of the committee’s October 2020 majority staff report on competition in the digital marketplace. “The report’s findings and recommendations clearly show that it is long-past time for Congress to enact meaningful updates to our antitrust laws to address the lack of competition in digital markets and the monopoly power of dominant platforms like Amazon, Apple, Facebook, and Google,” Nadler said. The American Innovation and Choice Online Act, the Open App Markets Act and the State Antitrust Enforcement Venue Act are “ready for votes today,” said House Antitrust Subcommittee Chair David Cicilline, D-R.I. House Antitrust Subcommittee Vice Chair Pramila Jayapal, D-Wash., spoke in support of her Ending Platform Monopolies Act.