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T-Band Repeal?

Telecom Interests Watch Talks on FY 2021 Appropriations, COVID-19 Package

Tech and communications interests were closely monitoring Tuesday talks on a FY 2021 appropriations omnibus package and COVID-19 aid legislation, since they're potential vehicles for a range of telecom policy proposals. Lawmakers have until Friday to reach a deal on omnibus spending; a continuing resolution to fund the federal government expires that evening (see 2012110054).

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Senate Majority Leader Mitch McConnell, R-Ky., told reporters he intends to delay the start of the chamber’s end-of-year recess until leaders reach a deal. “No matter how long it takes, we’ll be here to get” an aid package, he said. McConnell was to meet with House Speaker Nancy Pelosi, D-Calif.; Minority Leader Kevin McCarthy, R-Calif.; Senate Minority Leader Chuck Schumer, D-N.Y.; and Treasury Secretary Steven Mnuchin. McConnell suggested the pandemic spending could be wrapped into the omnibus.

The leaders will decide whether to pursue the $748 billion Bipartisan Emergency COVID Relief Act pandemic aid bill, which includes $10 billion in broadband funding. Sens. Joe Manchin, D-W.Va., and Susan Collins, R-Maine, led unveiling Monday of legislative language that reflects what they first proposed earlier this month (see 2012010039) . The broadband money includes $6.25 billion for “state broadband connectivity and deployment,” a summary said. There’s also $3 billion for E-rate, $200 million for the Institute of Museum and Library Services to help buy and distribute Wi-Fi hot spots and other devices to low-income households, $475 million for the FCC’s COVID-19 Telehealth Program, and $100 million for the Department of Veterans Affairs’ telehealth program.

Telecom funding is among the sticking points in the COVID-19 package negotiations, industry lobbyists said. Republican leaders resisted Democrats’ push for some funding to be directed toward E-rate and other USF programs, lobbyists said. Democrats are concerned money the Manchin-led proposal allocates for its state-based broadband funding component could be used for other purposes, said a lobbyist who follows Democratic thinking.

House and Senate appropriators proposed increased funding for the FCC, NTIA, DOJ’s Antitrust Division and the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency. The chambers disagree on whether to increase funding for the FTC and CPB (see 2011100041). Lawmakers were also working on a deal on allocating money for FCC work (see 2012070066) to implement the Broadband Deployment Accuracy and Technological Availability Act (S-1822) and reimburse U.S. telecom companies that replace suspect network equipment, per the Secure and Trusted Communications Networks Act (HR-4998), lobbyists said.

There were discussions about inserting language from the Beat China by Harnessing Important, National Airwaves for 5G Act (S-4803) into the appropriations package, lobbyists said. S-4803 would require the FCC to begin an auction of the 3.45-3.55 GHz spectrum by Dec. 31, 2021. There's considerable interest in including language to repeal the 2012 Spectrum Act's mandate for public safety to move off the T band, lobbyists said. FY 2021 spending legislation was already considered the best vehicle to address T-band mandate repeal before the end of the year (see 2009140020).