Backers of a bid to fully fund the FCC’s Secure and Trusted Communications Networks Reimbursement Program believe appropriations legislation, including a likely continuing resolution to extend federal payments past Sept. 30, is the most viable vehicle for formally allocating the additional money, due to concerns about delayed action on the House-passed (see 2207280052) Spectrum Innovation Act (HR-7624). Senate Commerce Committee leaders are grappling during the August recess with how to respond to HR-7624, which would allocate some proceeds from a proposed auction of the 3.1-3.45 GHz band for rip and replace reimbursements, given disagreements on spectrum policy priorities (see 2208090001).
Senate Commerce Committee Chair Maria Cantwell, D-Wash., and other panel leaders are hopeful they can use the August recess to negotiate a deal on a spectrum legislative package before Congress returns after Labor Day, or at least decide whether to seek a stopgap FCC spectrum auction authority renewal in hopes of reaching a consensus later. Panel Democrats and Republicans divided along party lines (see 2208020076) during a Communications Subcommittee hearing last week on whether they back the 18-month authority extension included in the House-passed Spectrum Innovation Act (HR-7624).
The FCC’s notice of inquiry on offshore spectrum issues is expected to be approved 4-0 at the commissioners' meeting Wednesday with few changes to the draft circulated by Chairwoman Jessica Rosenworcel (see 2205180065), industry and FCC officials said. Industry experts said it makes sense for the FCC to ask questions, but market interest in licenses for offshore areas is likely to be low.
Wiley’s Anna Gomez, former acting NTIA administrator, backed the Extending America’s Spectrum Auction Leadership Act (HR-7783) and two NTIA-focused spectrum bills in written testimony ahead of a Tuesday House Communications Subcommittee hearing (see 2205170081). HR-7783 is one of five wireless-focused bills House Communications will examine during the Tuesday hearing. The others are: the Ensuring Phone and Internet Access for Supplemental Nutrition Assistance Program Recipients Act (HR-4275), the Institute for Telecommunication Sciences Codification Act (HR-4990), the Simplifying Management, Reallocation and Transfer of Spectrum Act (HR-5486), and the Safe Connections Act (HR-7132). The partly virtual hearing will begin at 11 a.m. in 2123 Rayburn.
House Communications Subcommittee leaders appear set on advancing the recently filed Extending America’s Spectrum Auction Leadership Act (HR-7783) as their preference for renewing the FCC’s auction authority, before a planned Tuesday hearing (see 2205170081), but there’s more uncertainty about whether they will be willing to attach related measures before it heads to the floor. Senate Commerce Committee leaders are tentative about HR-7783’s proposal to extend the FCC’s auction authority for 18 months to March 31, 2024, and some policy stakeholders told us they outright oppose such a short extension. The FCC's current auction authority expires Sept. 30.
FCC Chairwoman Jessica Rosenworcel backed making more spectrum available for 5G but didn’t discuss any additional target bands during remarks to a CTIA conference that were posted in Wednesday’s Daily Digest. “We need to replenish the spectrum pipeline for new commercial innovation if we want to continue to lead the world in Wireless,” Rosenworcel said: “We also need to be creative. I think that creativity is in our national DNA. Let’s speculate that’s what Marconi saw here, too. Because remember that spectrum auctions, incentive auctions, unlicensed authorization, and dynamic spectrum access systems all got their start in the United States. We’ve turned spectrum scarcity into abundance before. We can do it again.” Rosenworcel also noted the importance of open radio access networks: “Open and interoperable equipment is the future, and we are working to ensure that Open RAN technology is being built here and now.”
FCC Chairwoman Jessica Rosenworcel cautioned House Communications Subcommittee members that some sales from upcoming auctions of the 2.5 GHz band and “construction permits for new full power television stations in communities with no license for the allotted station” will be on hold “pending reauthorization” of the commission’s auction authority if the current statute lapses Sept. 30 without a renewal. CTIA CEO Meredith Baker, meanwhile, urged the leaders of the House and Senate Commerce committees to adopt a stopgap renewal due to the limited legislative time before Sept. 30. The issue was a major focus of House Communications’ FCC oversight hearing last week (see 2203310060).
House Communications Subcommittee members largely but not completely avoided using a Thursday FCC oversight hearing to make partisan points, amid the commission’s focus on bipartisan issues during the ongoing 2-2 split, as expected (see 2203300001). Lawmakers instead focused on questions about the FCC’s work to produce improved broadband connectivity data maps, its handling of the affordable connectivity program and Emergency Connectivity Fund programs, and how commissioners believe Congress should structure a renewal of the commission’s spectrum auction authority.
House Communications Subcommittee members are continuing to wrestle with whether and how to package legislation to reauthorize the FCC’s spectrum auction authority with other related policy matters. Witnesses at a Wednesday hearing on those issues urged Congress to quickly renew the FCC’s sales authority and cited a range of other matters lawmakers should simultaneously consider, including directing proceeds to pay for other telecom projects and addressing interagency disputes on frequency allocations (see 2203150069).
Telecom-focused lawmakers are trying to beat the legislative clock as they seek a way to renew the FCC’s spectrum auction authority, currently set to expire when FY 2022 ends Sept. 30. The House Communications Subcommittee is eyeing a March 16 hearing on auction authority reauthorization and potential ways to spend revenue from additional auctions, Hill aides and lobbyists told us. FCC Chairwoman Jessica Rosenworcel recently asked Congress to authorize the agency to use proceeds to pay for next-generation 911 tech upgrades (see 2202220057). Congress last extended the FCC’s auction authority via the 2012 spectrum law.