Lawmakers Eye Options After Senate Commerce Clears Broadband Mapping, 5G Security Bills

Senate Commerce Chairman Roger Wicker, R-Miss., was among those who said he's exploring options for passing S-893, S-1625 and S-1822 through the chamber. 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, told reporters he's also actively looking at vehicles for moving his S-893. The bill would require the president develop a strategy for ensuring security of 5G networks and infrastructure. NTIA would be the lead agency implementing it (see 1903270065). Cornyn previously eyed attaching S-893's language as an amendment to the FY 2020 National Defense Authorization Act (see 1903280064). He now said that “any port in a storm is fine with me” if it means the bill is enacted.

Senate Commerce Security Subcommittee Chairman Dan Sullivan, R-Alaska, said he's optimistic chamber leaders will agree to advance S-1625 via vehicles like appropriations bills that need to clear before FY 2019 ends Sept. 30. He campaigned to attach S-1625's language to a manager's amendment for the Senate-passed version of NDAA (S-1790) but now believes it's practical to seek out “Plan B” options.

Senate consideration of S-893 and S-1625 don't need to necessarily be “mutually exclusive” from legislative efforts targeting national security concerns with Chinese telecom equipment manufacturers Huawei and ZTE, Wicker told us. Lawmakers are still pursuing conference negotiations on the differing House and Senate NDAA texts as a way to combat Huawei and ZTE, but are also eyeing contingency plans (see 1907220053).

Amendments

Senate Commerce cleared a revised version of S-893 via manager's amendment, along with proposals from Sens. Ted Cruz, R-Texas, and Mike Lee, R-Utah. Cruz would require the proposed White House-developed 5G security strategy identify and assess “the global competitiveness and vulnerabilities” of U.S. manufacturers of wireless equipment. Lee would clarify the strategy allows the U.S. to provide technical assistance to allies and strategic partners.

Committee members advanced an updated version of S-1625 with a manager's amendment from Wicker and six other proposals. Wicker also attached language to ensure the rest of S-1625 would remain in effect even if a court rules a section is unconstitutional.

Sen. Marsha Blackburn, R-Tenn., attached language to require the Department of Homeland Security establish a “joint program to share information regarding security risks” and “vulnerabilities” with U.S. communications providers and vendors. DHS would work with the FCC, Commerce Department, FBI and Office of the Director of National Intelligence to develop the program, which would “conduct regular briefings and other events” to share information with companies. Recommendations the program develops would be “entirely advisory” and exempt from public disclosure. Participating companies would be exempt from liability for sharing or receiving information on security matters, risks and vulnerabilities.

Language from Sen. Cory Gardner, R-Colo., would add language to a 5G policy statement in S-1625 that it's U.S. policy to “promote greater economies of scale in the domestic and international market for secure and resilient communications network equipment and services.” Lee wants U.S. communications providers eligible for a proposed $700 million grant program to help them remove Chinese equipment from their networks regardless of whether they're exempt from the FCC's pending communication network security NPRM (see 1812210032).

Sen. Rick Scott, R-Fla., attached two amendments, one to require the FCC set criteria for U.S. communications providers to remove Chinese equipment from their networks via the proposed grant program. The FCC would use 2014 National Institute of Standards and Technology guidance “as a resource” to develop the criteria, the amendment said. Scott's other proposal would ensure that language in the FY 2019 NDAA that bars U.S. agencies from using “risky” Huawei/ZTE technology would also apply to other China-based communications providers or other entities posing a “national security risk” to the U.S.

Senate Commerce advanced a version of S-1822 that included a combination of language from other measures, including some parts of the Broadband Data Improvement Act. Additions from S-1522 included language that would require the FCC to create a singular broadband coverage map that would be update biannually and would include information collected from state and local governments, consumers and other third-party sources. Also included were requirements the Agriculture Department and NTIA consult the new map before distributing broadband funds, the FCC develop an online coverage data challenge process and for regular auditing of provider-submitted data that involves crowdsourcing verification.

OSTP Hearings

The focus of U.S. technology policy will continue to be maintaining American leadership in artificial intelligence, quantum computing and 5G, U.S. Chief Technology Officer nominee Michael Kratsios told Senate Commerce during a nominations hearing immediately after the markup session. Kratsios, who led development and execution of the White House’s tech policy agenda as deputy assistant to the president for technology policy, is also seeking Senate confirmation as OSTP assistant director. Kratsios expressed a desire to prioritize flexible policies that “unleash” innovation while balancing safety and addressing concerns.

Senate Commerce ranking member Maria Cantwell, D-Wash., later pressed Kratsios on the safety of Huawei-made equipment in U.S. networks amid pressure for 5G deployments. The biggest concern is ensuring hardware for the U.S. network comes from sources the U.S. can trust, Kratsios said. Actual 5G buildouts are also something that need to be sustainable over time, he said. Cantwell agreed the U.S. needs safe networks and needs to ensure Huawei doesn't take advantage of rural providers' need to save money as they deploy 5G infrastructure.

Lawmakers' concerns about the FCC-Commerce Department quarrel over U.S. spectrum strategy was one of the few mentions of tech and telecom policy during a Wednesday House Appropriations Commerce Subcommittee hearing on OSTP's priorities and FY 2020 budget request. That marks the third hearing in recent months in which the fracas has become a topic of conversation and came the week after the issue dominated a House Communications Subcommittee hearing on spectrum policy (see 1907160067). Other issues, including questions about climate change and space exploration matters, dominated much of the House Appropriations Commerce hearing.

House Appropriations Commerce ranking member Robert Aderholt, R-Ala., referenced concerns voiced by NASA and NOAA about potential effects of commercial use of spectrum on the 24 GHz band, sold in the recent FCC auction, on federal technology using adjacent frequencies (see 1905230037). “There are some really robust discussions” between the FCC and Commerce about the 24 GHz interference issue, said OSTP Director Kelvin Droegemeier. “We have a long history in America” of dealing with interference issues “so I really feel that we'll get” to a compromise. “Technology … provides lots of methodologies to get to a good endpoint,” he said.

Droegemeier emphasized OSTP commitment to 5G, artificial intelligence and other technologies that President Donald Trump mentioned during his February State of the Union as “cutting-edge industries of the future” (see 1902060002). He referenced OSTP ongoing work to update the national artificial intelligence research and development strategic plan and implementation of Trump's February executive order directing federal agencies prioritize investments in AI research and development.