House leaders formally set a Tuesday floor vote on a compromise version of the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization bill (HR-4986) under suspension of the rules, as expected (see 1803010056). Leaders didn’t yet estimate what time the vote would occur. The amended bill now contains a revised version of language from the Senate-passed Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless (Mobile Now) Act (S-19) spectrum bill, as part of an agreement announced Friday between the leaders of the House and Senate Commerce committees (see 1708030060 and 1803010056). The lawmakers and their staffs agreed to assuage concerns from DOD and other federal agencies about S-19’s previous language by nearly halving -- to 255 MHz -- the amount of spectrum they would be required to identify for broadband use by 2022. The 500 MHz figure previously delineated in S-19 was somewhat "already dated,” a House aide said: “It was a concession to DOD but in some ways it was a matter of updating the spectrum provisions” to reflect reallocation progress by federal agencies. HR-4986 includes language to authorize additional TV incentive auction repack funding (see 1802140064) and from the Spectrum Auction Deposits Act (HR-4109) that would let the FCC place bidders' deposits in future spectrum auctions in a Treasury Department fund (see 1710250026). HR-4986 already also reflected a raft of other Senate bills, including the Rural Wireless Access Act (S-1621), which the Senate passed last week under unanimous consent (see 1710100066 and 1803020026). The revised bill also eliminates all but one provision from the FCC Process Reform Act (HR-290) that had been included in earlier House Commerce-cleared versions of the bill at the behest of Senate Commerce ranking member Bill Nelson, D-Fla. The remaining HR-290 language extends an existing exemption of FCC USF expenditures from Anti-Deficiency Act requirements.
David Redl is likely to face a wide range of questions from House Communications Subcommittee members Tuesday about his vision for NTIA, as he makes his Capitol Hill hearing debut as administrator. Likely topics include plans to study the 3450-3550 MHz band for wireless broadband and his views on the 2016 Internet Assigned Numbers Authority transition, Hill aides and industry lobbyists said in interviews. The panel intended the hearing to focus on oversight of NTIA and to discuss the agency’s $33.6 million FY 2019 budget proposal, down from the $36 million requested in FY 2018 but largely on par with funding for the year under continuing appropriations (see 1802120037 and 1802050025).
The leaders of the House and Senate Commerce committees said they reached a deal to advance legislation on FCC reauthorization and a range of spectrum issues, as expected (see 1802270055, 1802280049 and 1803010056). The deal covers provisions from the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization bill (HR-4986) and the Senate-passed Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless (Mobile Now) Act (S-19) spectrum bill (see 1708030060). HR-4986, which cleared House Commerce earlier this month, includes language to authorize additional repack funding (see 1802140064). The bill also includes language from the Spectrum Auction Deposits Act (HR-4109) that would let the FCC place bidders' deposits for future spectrum auctions in a Treasury Department fund (see 1710250026). Lawmakers also agreed to include provisions to combat robocalls and "direct the FCC to craft a national policy for unlicensed spectrum that includes certain specific considerations and recommendations." The House is to vote on an amended version of HR-4986 Tuesday that covers the agreed-to language, said House Commerce Chairman Greg Walden, R-Ore., and ranking member Frank Pallone, D-N.J. The deal does "what no legislation has done in 28 years -- it reauthorizes the FCC and includes provisions that help make sure that the Commission is transparent, efficient, and ready for the 21st century communications landscape," said Walden, Pallone, Senate Commerce Chairman John Thune, R-S.D., and ranking member Bill Nelson, D-Fla., in a joint statement Friday. "This bipartisan, bicameral product puts consumers first and solidifies the nation’s critical telecommunications infrastructure, giving the U.S. a global edge in the race to 5G and improving internet services across the country." The lawmakers didn't clarify if the deal includes an agreement to attach the FCC and telecom policy language to the FY 2018 omnibus spending bill, as was previously under negotiation. A telecom lobbyist told us the omnibus is still "very much in the running" as a legislative vehicle for the agreement, saying the announcement shows they've "taken the needed steps" to make that process possible. Walden is "looking at multiple avenues, including the omnibus, to ensure [HR-4986] moves forward," a House Commerce spokeswoman said. Other committee spokesmen didn't comment. Several communications sector groups lauded the agreement, including CTIA, NAB and TIA.
Senate Commerce Committee Chairman John Thune, R-S.D., and ranking member Bill Nelson, D-Fla., said they are moving closer to a deal with House Commerce Committee leaders to attach language on FCC reauthorization and some spectrum issues to the FY 2018 omnibus spending bill. No deal was yet reached. The lawmakers have been negotiating over provisions from the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization bill (HR-4986) and the Senate-passed Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless (Mobile Now) Act (S-19) spectrum bill (see 1708030060, 1802270055 and 1802280049).
Negotiations on a potential deal to attach to the FY 2018 omnibus spending bill legislative language on FCC reauthorization and some spectrum issues progressed Wednesday but agreement wasn't reached, said Senate Commerce Committee Chairman John Thune, R-S.D. “We've made some progress,” but "I don't think we're there yet,” Thune told reporters. Lawmakers have been hoping to include language from the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization bill (HR-4986) and the Senate-passed Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless (Mobile Now) Act (S-19) spectrum bill (see 1708030060) in the omnibus (see 1802270055). HR-4986, which cleared House Commerce earlier this month, includes language to authorize additional repack funding (see 1802140064). The bill includes language from the Spectrum Auction Deposits Act (HR-4109) that would let the FCC place bidders' deposits in future spectrum auctions in a Treasury Department fund (see 1710250026). “What we're trying to do is find that zone of agreement” on language that satisfies members of both parties, Thune said. A deal “would accomplish a lot of things that we've been trying to get done for a while,” he said: “It could potentially be a very significant accomplishment,” but “it's never done 'til it's done.” Thune acknowledged that “there is a certain amount of pressure because of the time constraints associated with putting together” the omnibus. House Commerce Committee Chairman Greg Walden, R-Ore., said Monday a factor at play was resolving concerns that DOD had with S-19's language that came after the Senate originally passed the measure in August. Those concerns led House Commerce staff to scuttle a bid to attach S-19's provisions to HR-4986 ahead of the committee's markup last month.
Congressional leaders are working to see if they can reach a deal to attach legislative language on FCC renewal and some spectrum issues to the FY 2018 omnibus spending bill, the leaders of the House and Senate Commerce Committees told reporters Tuesday. The current continuing resolution to fund government expires March 23. House Commerce is also eyeing upcoming work on STELA reauthorization and paid prioritization issues, said Chairman Greg Walden, R-Ore. Walden also touted House Commerce's communications policy priorities Tuesday, at an NAB conference.
Chairman Ajit Pai said the FCC hopes to hold an auction of the 28 GHz band in November, followed immediately by a 24 GHz auction. But Pai, at the Mobile World Congress, Monday, said doing so relies on Congress passing legislation by May 13 giving the agency the ability to handle upfront payments. On a third band, NTIA Administrator David Redl said Monday his agency will study the 3450-3550 MHz band for wireless broadband. It sits just below the 3.5 GHz Citizens Broadband Radio Service frequencies, a focus of the commission.
The Trump administration is looking at what approach it should take on a spectrum plan, said Kelsey Guyselman, policy adviser to the White House Office of Science and Technology Policy, at an FCBA 5G session Wednesday. Guyselman and other speakers also stressed the importance of cybersecurity in a 5G world. The Obama administration took an active role in spectrum, pushing sharing over exclusive use licenses in many cases, but the Trump administration has been relatively quiet 13 months in (see 1712270032). “We’ve been thinking a lot about that and how to approach that,” Guyselman. “There’s not just sort of the traditional low-hanging fruit anymore.”
Commissioners approved 5-0 an NPRM on spectrum above 95 GHz for new services and technologies, opening a “spectrum horizons” proceeding. Industry has shown little interest (see 1802200058), but Chairman Ajit Pai said Thursday the FCC shouldn’t be deterred. After the meeting, commissioners clashed over the lack of scheduled auctions for any bands.
Pointing to FCC Section 25.159(b) rules aimed at preventing spectrum speculation, non-geostationary orbit satellite constellation operators oppose Boeing's ask to substitute OneWeb Chairman Greg Wyler and his SOM1101 for two of its pending NGSO applications (see 1801020007). A satellite lawyer said the FCC likely will dispose of the Boeing petitions quickly as it tries to move on the pending applications, with the agency highly unlikely to go along given how approval goes against rules and implications for other proceedings that involve attributable interest issues, like spectrum auctions. Boeing and Wyler didn't comment Tuesday. The company argued Wyler doesn't have attributable interest in OneWeb (see 1801020007).