House Communications Members Briefed on Ligado Plan Amid NDAA Fight
A House Communications Subcommittee briefing on Ligado’s L-band plan Thursday appears to have been a bid by Commerce Committee leaders to warn the chamber's Armed Services panel against attempting to advance language aimed at scuttling the FCC’s April approval, Capitol Hill aides and lobbyists told us. The company told members of the House and Senate Commerce panels Thursday it obtained emails showing the L-band plan previously had the backing of NTIA’s technical staff and the DOD Chief Information Office (see 2006180034).
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Those briefing House Communications members were NTIA Associate Administrator-Office of Spectrum Management Charles Cooper, FCC Wireless Bureau Associate Chief Charles Mathias, DOD Deputy Chief Information Officer-Command, Control and Communications Fred Moorefield and FCC Office of Engineering and Technology acting Chief Ron Repasi, a House Commerce aide told us. House Commerce Chairman Frank Pallone, D-N.J., was on the call, but Communications Vice Chair Doris Matsui, D-Calif., led the proceedings, the aide said. Subcommittee Chairman Mike Doyle, D-Pa., didn't participate in the briefing, the aide said.
Lawmakers noted others claimed the FCC rushed its approval, but “this decision was years in the making,” the House Commerce aide said. House Commerce ranking member Greg Walden, R-Ore., publicly backing the FCC (see 2004280071), “pointed out that Ligado reduced its power by 99.3% from their initial request,” the aide said. Communications members from both parties “agreed” the committee “needs to use its jurisdiction of oversight of spectrum and take this conclusion seriously,” the aide said. Several other committee Republicans also back the decision, including Communications ranking member Bob Latta of Ohio, Consumer Protection Subcommittee ranking member Cathy McMorris Rodgers of Washington and Rep. John Shimkus of Illinois (see 2005190061).
The “lion’s share” of participating House Communications members appeared during the call to favor “deferring to the FCC” on Ligado, though a few of them took an aggressive stance on the issue, said a communications sector lobbyist who follows Democratic lawmakers. House GPS Caucus co-Chair Rep. Dave Loebsack, D-Iowa, was a rare exception, who “came out swinging” on behalf of GPS companies and their concerns about potential harmful interference caused by Ligado’s plan, the lobbyist said. "GPS has been a tool for safely getting passengers from one location to another," Loebsack said in a statement. "Additionally, it has an important impact on our economy in many different sectors including agriculture, defense and infrastructure. As the co-chair of the GPS Caucus, I will continue working, along with my colleagues" on House Commerce "to ensure there is no harm to the effectiveness of GPS."
Pallone was “very aggressive” in asserting House Commerce’s jurisdiction over federal spectrum, the lobbyist said. He apparently made it clear that language in the Senate Armed Services-approved FY 2021 National Defense Authorization Act to bar use of DOD funding to comply with the Ligado decision pending further review won’t advance without House Commerce’s approval. Pallone’s jurisdictional stance was also aimed at Armed Services as its subcommittees begin consideration next week of their own NDAA language, lobbyists said.
Latta confirmed he asked House Communications for a Ligado hearing. It’s “an extremely important topic that needs to be discussed through” a public panel, he said in a statement. “We must continue looking into this decision and provide oversight of spectrum management.” It appears House Commerce leaders aren’t contemplating such a hearing, lobbyists said. The Senate Armed Services Committee held a hearing in May focused on DOD’s opposition to Ligado and the issue came up last week during a Senate Commerce confirmation hearing for FCC Commissioner Mike O’Rielly (see 2006160062).
A House Commerce spokesperson confirmed the briefing happened. The spokesperson said the committee’s members “believe it is important to hear from relevant stakeholders and consider whether further oversight is appropriate.”
The Pentagon "had every possible opportunity to make its case" to the FCC, commission Chairman Ajit Pai said in a letter dated June 8 in response to Armed Services Chairman Jim Inhofe, R-Okla., and 31 other senators (see 2005150061). It was released Friday. Those opportunities included conversations with Defense Secretary Mark Esper, Defense Under Secretary-Research and Engineering Michael Griffin, and Deputy Under Secretary-Research and Engineering Lisa Porter, Pai said. He said complaints the FCC rushed ignore how the military had nearly half a year to comment on the draft order. The regulator's conditions, such as repairing or replacing potentially affected military GPS units or negotiating with DOD an acceptable received power level for units that can't be replaced, arguably "go beyond what is necessary," Pai said. "I thought that it was important for the Commission to go the extra mile to ensure that national security would be protected."