House Communications Lawmakers See 5G's Potential, But Dems Note Pre-emption Concerns
House Communications Subcommittee members universally lauded potential benefits of deploying 5G technology during a Thursday hearing, with members of both parties emphasizing the need for the U.S. to take a leading role in advancing the technology. But the hearing also featured debate on proposals on Capitol Hill, the FCC and elsewhere to pre-empt state, local and tribal antenna siting rules, as expected (see 1711150052). Senate Commerce Committee staffers are evaluating a draft bill from Chairman John Thune, R-S.D., and Communications Subcommittee ranking member Brian Schatz, D-Hawaii, that would ease siting requirements (see 1710310057).
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House Commerce Republicans emphasized urgency to enact legislation to enable U.S. dominance in 5G development. Chairman Greg Walden, R-Ore., called such work a “global race” that will help “revolutionize America's competitiveness." He cited the need to “make more spectrum available for commercial service in addition to the regulatory reforms and international harmonization necessary to making this technology a reality.” Walden also urged Congress to pass the Spectrum Auction Deposits Act (HR-4109), which would require bidders' deposits in future spectrum auctions to be placed with the Treasury Department (see 1710250026). Absent passage of HR-4109 or similar, “the FCC cannot hold any auction of consequence to bring about the 5G revolution,” Walden said.
House Communications Chairman Marsha Blackburn, R-Tenn., said it's important for Congress and the federal government to “ensure America is first to the finish line” on the technology. Blackburn's written opening statement emphasized the need to address “potential speed bumps,” including harmonizing “international technical standards, the availability of spectrum, and the strangling red tape of small cell siting requirements at the federal, state, and local levels.” But Blackburn focused during the hearing on 5G's potential benefits, particularly as a driver for economic development in rural communities. Wireless Infrastructure Association President Jonathan Adelstein told Blackburn the standard would “revolutionize” how business is done in rural areas of the U.S.
House Communications Democrats also lauded the potential, but tinged their comments with concerns about the pre-emption proposals. Full committee ranking member Frank Pallone, D-N.J., said he believes such technologies “could present new opportunities for low-income Americans in urban areas who often struggle to pay for their connections.” But Congress should seek ways to incentivize deployments in a way that respects “the public interest” rather than “sacrifice environmental protections," and believing "that we must undermine tribal sovereignty, and that we need to block our local governments,” Pallone said.
House Communications ranking member Mike Doyle, D-Pa., also said 5G “holds a lot of promise” and has an “incredible potential to revolutionize our economy and our way of life.” But Congress and the FCC should be more inclusive of state and local governments' opinions in seeking to clear the path for the technology and “advance bipartisan legislation to free up additional spectrum,” he said. Rep. Doris Matsui, D-Calif., one of HR-4109's main sponsors, said the federal government should find “creative ways” to free up spectrum as part of a “realistic” fifth-generation wireless strategy, noting the potential for blockchain technology to be used to aid spectrum sharing.
Adelstein, who chairs the FCC Broadband Deployment Advisory Committee Streamlining Federal Siting Working Group, defended BDAC's record on including local government representatives in its discussions, telling Doyle local governments and the private sector had a “good dialogue.” San Jose Chief Innovation Officer Shireen Santosham, a BDAC member, urged more local government representation on the committee, saying the limited number of local members presented a “challenge” in representing their interests in deliberations.
The U.S. is “making progress” in setting additional spectrum available for auction, said 5G Americas President Chris Pearson. He cited work on the Citizens Broadband Radio Service band and the 3.5 GHz band. Brattle Group wireless and wireline consultant Coleman Bazelon urged Congress to frame any new legislation to free up additional spectrum with a view to the private sector's needs 10-20 years into the future.