Trade Law Daily is a Warren News publication.
Earlier Hiccups Said Resolved

Senate Commerce Expected to Clear Broadband Mapping, 5G Security Bills

The Broadband Deployment Accuracy and Technological Availability (Data) Act (S-1822) and two 5G security bills are expected to easily advance during a Wednesday Senate Commerce Committee executive session (see 1907180054), lawmakers and lobbyists told us. Some said they now believe the markup process is unlikely to result in any substantial changes to S-1822, after earlier hiccups. The other measures up for markup are the Secure 5G and Beyond Act (S-893) and the U.S. 5G Leadership Act (S-1625). The executive session is to begin at 10:30 a.m. in 216 Hart.

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.

Senate Commerce Chairman Roger Wicker, R-Miss., the lead sponsor of S-1625 and S-1822, told reporters Monday he fully expects the committee will easily clear both measures. S-1625 would require the FCC to complete work on its NPRM to counter the threat from companies deemed a security threat to U.S. telecom networks or the communications supply chain (see 1812210032). S-1822 would require the FCC to collect more “granular” broadband coverage data and create a “user-friendly challenge process” (see 1906130029).

Sen. Jon Cornyn, R-Texas, is also optimistic about the prospects for Commerce clearing his S-893. The bill would require the president to develop a strategy for ensuring security of 5G networks and infrastructure. NTIA would be the lead agency in implementing it (see 1903270065). S-893 “provides a framework for us to act cohesively and with some efficiency” on 5G security since jurisdiction for cybersecurity of telecom networks' cybersecurity is fragmented on Capitol Hill and within federal agencies, Cornyn told reporters.

S-893 also would prohibit the president from making recommendations to nationalize 5G infrastructure, which Cornyn described as a bid to “try to allay some of the anxiety” lawmakers have continued to voice amid ongoing concerns about the direction of 5G policy in President Donald Trump's administration (see 1903050069). Trump in April said he opposes 5G nationalization (see 1904120065).

Wicker said he's confident Senate Commerce staff has been able to resolve issues with S-1822 that led the committee to pull the measure from a July markup (see 1907100061), though he and Senate Commerce didn't comment on the situation that led to the earlier delay. Officials noted some lawmakers' and communications sector stakeholders' concerns about legislative language proposed by other committee members as the reason the committee decided to delay its consideration. The language was aimed at enhancing S-1822's reporting requirements, including addressing the gap between ISPs' advertised and reported broadband speeds, sources said.

The version of S-1822 set for markup Wednesday is expected to be almost completely the same as the language Wicker filed in June, officials and lobbyists said. Some lobbyists expect a manager's amendment with some additions, but not on the scale of what some lawmakers sought. No other amendments were filed before the Monday deadline, officials and lobbyists said. Rep. Dave Loebsack, D-Iowa, is believed to be leading a House companion to S-1822 that will likely contain identical language, lobbyists said. Loebsack is expected to file the measure this week, but his office didn't comment.

Thirty-one entities said they lobbied Congress on broadband mapping legislation during Q2, an increase of 158 percent from the same period in 2018 and 10 percent over the number that lobbied on the issue during Q1. Several companies and groups specifically mentioned S-1822 and other bills, including the Broadband Interagency Coordination Act (S-1294) and the Broadband Mapping After Public Scrutiny (Maps) Act (HR-2643).