Raimondo Seeks 'Strong' NTIA on Spectrum, Broadband Policymaking

Raimondo saw a role for NTIA to convene stakeholders to decide whether and how government should revamp Communications Decency Act Section 230. She didn’t agree to maintain export restrictions against Huawei and other Chinese companies imposed during President Donald Trump’s administration, despite a push by Sen. Ted Cruz, R-Texas.

Senate Commerce members were largely positive about Raimondo’s nomination. Lead committee Republican Roger Wicker of Mississippi told Raimondo he doesn’t “believe you will be serving as governor of Rhode Island for very much longer,” amid expectations the Senate will quickly confirm her. Wicker remained committee chairman as of Tuesday, but Senate leaders were moving toward a power-sharing agreement that would allow Democrats to take over committee gavels. A Senate Commerce vote on Raimondo is expected next week, aides told us.

Transportation Secretary nominee Pete Buttigieg (see 2101210065) is expected to easily clear a planned Senate Commerce vote Wednesday. The meeting begins 10 a.m. in 325 Russell, the committee said. The Senate Homeland Security Committee voted 7-4 Tuesday to advance Department of Homeland Security Secretary nominee Alejandro Mayorkas (see 2101190067), despite opposition from the outgoing panel leader, Ron Johnson, R-Wis.

Senate Commerce lead Democrat Maria Cantwell of Washington and Communications Subcommittee lead Republican John Thune of South Dakota raised concerns about the spectrum fracas that emerged throughout Trump’s administration among the FCC, NTIA and other federal agencies (see 2010260001). In a “number of instances” they “have come into conflict” on spectrum matters, leading to questions about how they can “work in partnership” on those issues, Thune said.

“During the last four years," the FCC "ran roughshod over concerns raised by” Senate Commerce and others about its approval of Ligado’s L-band plan, the 24 GHz auction (see 1906120076) and other proceedings, Cantwell said. “I’m hoping that a commerce secretary will take these issues and help the administration prioritize how we can get on the same page.” She and others sided with the leaders of the House and Senate Armed Services committees in opposition to the Ligado plan (see 2005150061).

Cantwell told us she wants to give the Biden administration time to develop spectrum plans before considering congressional intervention. “Let’s see how this administration deals with it,” she said. The FCC under former Chairman Ajit Pai ignored “so much” of what DOD, NOAA and others had to say about various spectrum matters, and “we would hope that a more cohesive administration strategy would deal with these issues.” The FCC has likewise “heard our message” in opposition to the Ligado decision “and will try to resolve those issues,” despite recently rejecting a stay petition (see 2101200001), Cantwell said.

Thune told us he hasn’t ruled out a legislative fix, but “we need to give” this administration “the opportunity to see what kind of approach” they decide on, given the need to free up more federally controlled spectrum for commercial use. “I’m a skeptic” a change in administration will solve all the recent problems, and “it may be something we need to look at legislating” on in the future, he said.

End Infighting

Raimondo wants “strong leadership” at NTIA to end spectrum infighting and to ensure new broadband funding that was enacted as part of the FY 2021 appropriations and COVID-19 aid package (see 2012210055) is disbursed “as expeditiously as possible” while making certain the money goes to communities that need it most. “We need to step back and have a national strategy on spectrum and look to make spectrum available from public and commercial uses,” she said.

Improving broadband connectivity is an issue “I hope we can have bipartisan agreement” on, Raimondo said. “I have heard from” governors in both parties who say they “need help on this” amid the pandemic, which has shown “the truly devastating effects” that a lack of access “can have on people.” She called it “a very top priority” if she’s confirmed.

Thune urged Raimondo to "correct the mistakes of the past” of NTIA’s administration of the “largely ineffective” Broadband Technology Opportunities Program, which makes him concerned about the potential “effectiveness” of agency administration of new money disbursements. Thune wanted Raimondo to commit to set up the new broadband program “in a way that this new money only goes to areas that are completely unserved.”

Sen. Jon Tester, D-Mont., suggested Congress combine the broadband responsibilities of agencies into one entity. “There’s difficulties in doing that,” but “it’s really tough to have accountability when you’ve got four different agencies doing the same thing,” he said. Lead Communications Democrat Brian Schatz of Hawaii and Sen. Shelley Moore Capito, R-W.Va., were among others with broadband questions.

The federal government needs to do more to “break down” agencies’ siloed approaches to administering broadband programs “and come together” to improve connectivity, Raimondo said. That’s “difficult but possible” if there's political will, she said. “The American people don’t care about our silos.”

Raimondo agreed with Johnson that “we need some reform” of Section 230, though much of the onus must remain with Congress to decide how to do that, she said. “I would use the resources at NTIA to convene stakeholders, convene industry, consult [Congress] to figure out the details of that reform." Johnson noted his support for Congress taking a “serious look” at removing liability protections from the statute.

Raimondo said she will “use the full toolkit at my disposal, to the fullest extent possible, to protect Americans and our network from Chinese interference or any kind of back-door influence.” She stopped short of committing to keeping Huawei or other Chinese firms on the Bureau of Industry and Security’s entity list, instead telling Cruz the Biden administration will review all China-related policies. “We cannot have the Chinese, or really anyone, having a back door into our [5G] network and compromising in any way our national or economic security,” Raimondo said.