Talks on C-Band Auction, Network Resiliency Bills Ongoing Before Markup
Negotiations continued Monday between House Communications Subcommittee Democrats and Republicans to see if they can reach a deal to smooth advancement of the Clearing Broad Airwaves for New Deployment (C-Band) Act (HR-4855) and the Reinforcing and Evaluating Service Integrity, Local Infrastructure and Emergency Notification for Today’s (Resilient) Networks Act (HR-5926), communications sector lobbyists told us. The two bills, which got pushback from Republican leaders, are among 11 measures House Communications plans to mark up Tuesday. The session begins at 10 a.m. in 2123 Rayburn.
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.
House Communications Democrats would prefer to reach a bipartisan deal on HR-4855 and HR-5926 but are prepared to move forward on both measures without support from House Commerce Committee ranking member Greg Walden of Oregon or other GOP leaders, lobbyists said. HR-4855 would allocate most proceeds of the coming FCC auction of spectrum in the 3.7-4.2 GHz C band to fund telecom projects (see 1910240046). The measure has two Republican co-sponsors -- Greg Gianforte of Montana and Bill Johnson of Ohio. HR-5926 would require FCC rulemakings on improving coordination among communications providers and with public safety answering points during emergencies. Walden and some other House Communications Republicans urged the subcommittee in February against swiftly advancing HR-5926 or other resiliency measures (see 2002270059).
Senate Communications Subcommittee Chairman John Thune, R-S.D., raised concerns about continued pushback from Senate Appropriations Financial Services Subcommittee Chairman John Kennedy, R-La., against the FCC’s C-band auction plan, before a planned Tuesday subcommittee hearing (see 2003060053). The Senate Appropriations Committee says the panel is aimed at reviewing the FCC’s FY 2021 budget request. Kennedy billed it as focusing on his concerns about the commission’s C-band plans (see 2002130053).
“It’s not the first time Senate Appropriations has been used as a vehicle to address policy issues that should be dealt with by the authorizing committee” instead, Thune told us. "The path the FCC is on right now” in its C-band plans “is a good one and will hopefully give us the right outcome in a timely way.” Thune hopes however Kennedy decides to move forward in legislating on C-band issues will “fit in with what the FCC is trying to do.” Thune backs the 5G Spectrum Act (S-2881), which would set a graduated scale for amounts the FCC would be required to return to the Treasury from C-band proceeds, beginning with “not less than 50 percent” of the first $40 billion.
Advancing HR-4855 even on a party-line vote “could be useful” to Democrats before the November election if they’re able to argue Republicans would “rather give $10 billion to foreign companies rather than help out rural America” by allocating additional funding for broadband projects, said New America Open Technology Institute's Wireless Future Project Director Michael Calabrese. Walden has been in extended talks with House Communications Chairman Mike Doyle, D-Pa., and others to reach a C-band consensus. Walden told us last week he was becoming increasingly pessimistic about the negotiations (see 2003030064).
Also on the House Communications docket: the Don’t Break Up the T-Band Act (HR-451), H. Res. 549, Preserving Home and Office Numbers in Emergencies Act (HR-1289), Expanding Broadcast Ownership Opportunities Act (HR-3957), National Suicide Hotline Designation Act (HR-4194), Enhancing Broadcaster Diversity and Inclusion by Verifying and Ensuring the Reporting required by Statute is Transpiring and Yielding Data Act (HR-5564), Measuring the Economics Driving Investments and Access for Diversity Act (HR-5567), Emergency Reporting Act (HR-5918) and Reliable Emergency Alert Distribution Improvement (READI) Act (HR-6096).
Substitute versions of at least four bills will be offered up at the markup, including for HR-1289, HR-3957, HR-4194 and HR-5564. HR-1289 would restrict reassignment of phone numbers during a declared natural disaster except at a subscriber’s request. HR-3957 would restore the minority tax certificate program and direct the FCC to make recommendations on ways to improve ownership diversity. The substitute amendment would sunset the measure after 16 years. HR-4194 would designate 988 the suicide prevention hotline number and give the FCC a one-year deadline to finish the nationwide upgrade of the legacy switches to support it (see 1908200070). HR-5564 would require the FCC complete its equal employment opportunity enforcement NPRM (see 1904290176).