Republicans Seek Fixes to FCC-Commerce Relationship Amid Spectrum Policy Fight
Three telecom-focused GOP leaders believe more than the departure of any particular official within President Donald Trump's administration will be needed to solve the FCC-Commerce Department quarrel over U.S. spectrum strategy. Those comments came before and after reports surfaced about the potential pending departure of Commerce Deputy Chief of Staff and Policy Director Earl Comstock. He's seen as a central player in this infighting (see 1905090051). Discussion about the fracas became the dominant topic at a Tuesday House Communications Subcommittee on spectrum policy (see 1907160067).
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
“There is no truth to these rumors” of Comstock's pending ouster, a Commerce spokesperson said Thursday. Comstock is "an instrumental and valuable member of the Commerce team,” the spokesperson said. “He has a keen understanding of the functions of the federal government and has spearheaded multiple departmental initiatives.” The White House didn't comment.
“I hope that we move forward full speed ahead on trying to get more spectrum available for commercial use” and obviously, the FCC and Commerce “are in different places on that,” said Senate Communications Subcommittee Chairman John Thune, R-S.D., in a Thursday interview. “I don't know what the differences of opinion are in this latest” disagreement. “I know with [now-former NTIA Administrator David] Redl, we were very sympathetic with what he was trying to do, but I think he was at cross-purposes with what the leadership wanted.” Redl abruptly resigned in May (see 1905090051).
“The FCC is pushing hard” on spectrum reallocation “and hopefully, they'll get folks at the Commerce Department who will support that” goal, Thune said. FCC Chairman Ajit Pai blamed the department for recent problems developing a coordinated U.S. 5G spectrum strategy, citing NOAA concerns about potential effects of commercial use of spectrum on the 24 GHz band sold in the recent FCC auction on weather forecasting technology (see 1907150020). NASA also raised concerns.
House Commerce Committee ranking member Greg Walden, R-Ore., told us before the Comstock reports surfaced Thursday that he remains concerned about the level of “dysfunction” in the FCC-Commerce policy relationship. That's given what he and colleagues heard during the spectrum hearing. “It's unfortunate” no matter which players are driving the disagreement, and hopefully, officials can work to ensure it doesn't hinder U.S. ability to lead on 5G, Walden said.
Senate Homeland Security Committee Chairman Ron Johnson, R-Wis., said the onus is on the Trump administration to fix the spectrum policy divide between the FCC and Commerce. Trump administration officials hope to “force the issue” on the 24 GHz band soon, Johnson said. He wrote Ross in June about whether Commerce is actively hindering the government’s 5G strategy development (see 1906240063). Ross disputed Johnson's claims that senior Commerce Department advisers are actively involved in the hindrance efforts and asserted the department and the FCC had reached a “workable compromise” on the 24 GHz issue. The FCC disputed Ross' claims of a compromise.
House Appropriations Financial Services Subcommittee ranking member Tom Graves, R-Ga., and House Intelligence Modernization Subcommittee ranking member Will Hurd, R-Texas, are also pressing Ross on the FCC-Commerce fight. Commerce “did not object” to FCC 24 GHz rules “when it had a chance” and reopening “this issue at this late stage could impact the U.S. negotiating position at the upcoming” 2019 World Radiocommunication Conference (see 1905080040), the lawmakers said in a Wednesday letter. With FCC auction of the spectrum completed, “it is now time to move forward” and “not reopen this debate.” The FCC “has a long-held process for adjudicating interference complaints,” the lawmakers said. “Should there be interference concerns going forward between any of the use in and around the 24 GHz band, we believe that the FCC process can and should be fully utilized.”