Moran May Raise Broadcaster Repacking Concerns During Mobile Now Markup

One media industry lobbyist told us Moran, a member of Commerce, is expected to propose and then withdraw this amendment during markup. A Senate staffer said it's likely many of the various possible amendments currently under development will be offered and then withdrawn. The staffer described Commerce Committee markups as typically very established affairs and didn’t expect much controversy. Members typically defer to the committee leadership rather than rock the boat with contentious amendments, the staffer said. A Moran spokeswoman was unable at our deadline Monday to confirm such an amendment is in the works.

Commerce Committee Chairman John Thune, R-S.D., circulated drafts for his Mobile Now spectrum bill in November and unveiled a pared-down version with the backing of ranking member Bill Nelson, D-Fla., in February. He negotiated extensively with the Obama administration for months to vet the current language. Sen. Cory Gardner, R-Colo., told us Thursday he anticipates an interest among some on the committee in amendments to expand the scope of Mobile Now and make it more robust (see 1602250049). Spokespeople for Gardner and other committee members haven't commented on any amendments they may propose.

Commerce Committee leadership is likely to unveil a manager's or technical amendment to Mobile Now ahead of the markup, a Republican Senate staffer told us Monday. That staffer has been working with committee leadership to incorporate recommendations from Sen. Ron Johnson, R-Wis., about the technical language for some of the broadband infrastructure sections, such as in Section 7 of the Mobile Now text. Current language would require the General Services Administration to set a fee for rights of way or easements, but GSA often deals with leases, so that word will likely be added into a new version, the GOP staffer said. Johnson and Sen. Claire McCaskill, D-Mo., have jointly focused on broadband infrastructure issues going back to an unreleased bill from the end of last Congress with Sen. Marco Rubio, R-Fla. (see 1412110036). Many of those infrastructure ideas were wrapped into the last year's Wireless Innovation Act, a GOP bill from Rubio that Johnson co-sponsored. In November, Johnson and McCaskill floated an amendment that would have required agencies to use the master contracts and applications that GSA was developing, and Commerce leadership already incorporated those concerns into the latest version released, the staffer said. Johnson sees the current Mobile Now version as a good first step but likely more on spectrum policy will be needed, the staffer said.

Moran outlined deep concerns about the broadcast repacking process when speaking to broadcasters at NAB’s Feb. 23 fly-in in Washington (see 1602230070). The FCC auction is to begin March 29, and Moran cited “serious and legitimate doubts” about the 39-month timeline and the $1.75 billion reimbursement fund for broadcasters for repacking. Moran, who has also prioritized expanding the flexibility of the Spectrum Relocation Fund, was weighing potential amendments to Mobile Now last year. The FCC has said it can work within the repacking parameters but defers to Congress (see 1602220069).

Both Republicans and Democrats on the Senate Commerce Committee have told broadcasters they see the harm the deadline and funding restrictions pose to TV viewers and signaled an interest in resolving any associated problems, one broadcast industry official told us. The official said broadcasters are actively informing members of Congress about effects of the repacking restrictions that broadcasters see as possibly harmful. The official framed the restrictions as arbitrary, seeking more flexibility. House Commerce Committee ranking member Frank Pallone, D-N.J., released a discussion draft earlier this year that would also address the repacking concerns but has no Republican backing. During last week’s NAB fly-in, more than 500 broadcast industry officials were in Washington, and photos and messages on social media showed the meetings on Capitol Hill that were occurring.

Moran said he's “a supporter of broadcasters” who aligns “pretty easily on issues that affect broadcasting,” in the speech. He described broadcaster benefits to communities and said that’s one reason it’s not hard to find members of Congress “who come to the aid and support” of broadcasters. “I’m an advocate for more spectrum,” Moran told broadcasters last week. “Unlicensed is clearly an important component.”

Communications Subcommittee ranking member Brian Schatz, D-Hawaii, is the most vocal Commerce Committee member eyeing unlicensed issues in intense negotiation ahead of Thursday’s markup. “I continue to think it’s critical that we protect Wi-Fi going forward and enable innovation by enabling additional unlicensed spectrum to be unleashed, and that’s going to be my focus going into the markup,” Schatz said in an interview last week. He said that “the committee on both sides of the aisle has worked really hard to incorporate my legislation,” despite not reaching any deal for how to do that as of last week.