NTIA Spectrum, Other Priorities Mix With Trump Criticisms at Senate Commerce Hearing

Senate Commerce Chairman John Thune, R-S.D., led other committee members in focusing on NTIA's spectrum priorities under Trump, including how the agency was implementing elements of the Mobile Now Act (S-19) spectrum bill, enacted in August (see 1708030060). It's “important that we build upon the success” of Mobile Now “to ensure that spectrum will be available for new technologies, including 5G,” Thune said. “This will make it easier to deploy networks that deliver better, faster internet to rural areas and across the country.”

NTIA is “working now” to implement S-19, with its first focus being to coordinate with other federal agencies on two mandated reports -- one looking at options for incentivizing federal agencies to reallocate some of their spectrum so it can be repurposed for commercial use and another on bidirectional spectrum sharing, Redl told the committee. Sens. Ted Cruz, R-Texas, and Mike Lee, R-Utah, later followed up with Redl about potential incentives for federal agencies' spectrum reallocation. Senate Commerce ranking member Bill Nelson, D-Fla., meanwhile, asked Redl how the agency balances competing demands for spectrum.

NTIA is fully prepared to use its current funding levels from Congress to complete the agency's mandated spectrum duties, Redl responded to questions from Thune and Sen. Jerry Moran, R-Kan. But Redl noted language in Commerce's FY 2019 budget request to authorize the agency to negotiate leases with private entities that would expand their access to federal spectrum (see 1803060048). Commerce proposed NTIA have a $33.6 million FY 2019 budget, 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). NTIA's challenges include grappling with aging IT systems, but that's an issue all federal agencies face, Redl said.

Thune, Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, and others noted their concerns about broadband mapping accuracy. Senate Commerce members are collectively “maddened” and “deeply, deeply frustrated” by recent missteps with FCC broadband maps, including deficiencies in the map released earlier this year showing areas across the U.S. presumed eligible to receive support for deployment of 4G LTE service as part of the USF Mobility Fund Phase II auction (see 1802270043), Schatz said: That map is “essentially nonsensical as a practical matter.” The FCC maps need “more work,” Redl said after prodding from Schatz: The data “needs to better reflect where we actually have” broadband service.

His agency is working with the FCC on improving the availability of broadband data for use in the maps, and also “re-scoping” what it can do given Congress allocated only $7.5 million in the FY 2018 omnibus spending bill for NTIA to coordinate the federal government's broadband mapping activities (see 1803210068 and 1803230038), Redl said. Secretary of Commerce Wilbur Ross clarified during a May Senate Appropriations Committee hearing that figure is far less than the $50 million Commerce originally requested for NTIA broadband mapping activities (see 1805100054).

Redl attempted to thread the needle with competing camps on NTIA's stance on the IANA handover. The agency released a notice of inquiry last week on whether the switchover should be “unwound” (see 1806070016). The NOI came after consultations suggested a “more public comment period” was the “best way” forward, rather than reaching out to a narrower set of experts, Redl said. Schatz wanted Redl to clarify that he viewed the transition as “complete and irreversible,” while Cruz repeated his long-held view that NTIA's approval of the switchover “was grossly irresponsible.” Redl said his view is that the U.S. government can't retract its decision, but “my personal judgment is not a substitute” for a public comment process. Redl committed last year to Cruz and Lee to convene a “panel of experts to investigate options” for reversing the handoff and later assured Schatz that he wouldn't reverse his position that the issue is settled (see 1711080015 and 1801240048).

Nelson led criticism of Trump's ZTE actions, saying “this administration seems to have dismissed the concerns many in the Senate, the intelligence community and the nation have about the potential threat posed to our national security” by the Chinese telecom equipment maker. Sen. Maggie Hassan, D-N.H., said it's “very disturbing” that Redl wasn't included in discussions with Commerce and the White House about whether to lift the ZTE ban. Redl had clarified NTIA “did not have a role” in deciding to lift the ban or impose it to begin with. The Senate in the early evening hadn't yet considered a manager's amendment to the FY 2019 National Defense Authorization Act (HR-5515) that would retroactively reimpose Commerce's ZTE ban over White House objections.

Cruz and Sen. Catherine Cortez Masto, D-Nev., both sought Redl's opinion on the NSC's 5G nationalization proposal amid concerns that some Trump administration officials are still exploring the idea. Both senators warned the administration in February to abandon any notion of proposing the U.S. build a national 5G network (see 1802120011). The original NSC draft memo, which proposed 5G nationalization because of concerns China could otherwise build a network first, received ample criticism when it leaked in January (see 1801290034 and 1801300039). The Trump administration “has declined to explicitly foreclose” nationalization as an option and Brad Parscale, Trump's 2020 campaign manager, tweeted earlier this month in favor of a single privatized 5G network, Cruz said. NTIA is focused on moving “full steam ahead” on helping the private sector deploy 5G and does not believe nationalization is the right approach, Redl said.