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FCC Spectrum Authority Renewal

House Markup to Include Rip and Replace, NG-911 Pay-For Via 3.1-3.45 GHz Auction

The House Communications Subcommittee will mark up the Extending America’s Spectrum Auction Leadership Act (HR-7783), a significantly modified version of the Simplifying Management, Reallocation and Transfer of Spectrum Act (HR-5486) and five other telecom bills Wednesday, as expected (see 2206100001), the Commerce Committee said Monday. The markup includes a revised version of the Spectrum Innovation Act (HR-7624) that proposes to use proceeds from the 3.1-3.45 GHz auction it authorizes to pay for next-generation 911 tech upgrades and additional money for the FCC’s Secure and Trusted Communications Networks Reimbursement Program to repay U.S. carriers for removing from their networks equipment made by companies deemed a national security risk.

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Other measures on the docket: the Ensuring Phone and Internet Access for Supplemental Nutrition Assistance Program Recipients Act (HR-4275), Institute for Telecommunication Sciences Codification Act (HR-4990), Preventing Disruptions to Universal Service Funds Act (HR-5400) and Safe Connections Act (HR-7132). The markup session will begin at 10:15 a.m. in 2123 Rayburn.

The NG-911 and rip and replace funding plan, included in an amendment from House Communications ranking member Bob Latta, R-Ohio, is the proposal subpanel Chairman Mike Doyle, D-Pa., mentioned to us last week in reference to HR-7783. That measure, which House Communications doesn’t list as being up for a planned amendment, would renew the FCC’s spectrum auction authority for 18 months to March 31, 2024. Latta’s amendment to HR-7624 would allocate up to $3.4 billion in sales to the rip and replace program and up to $10 billion for NG-911. House Commerce included $10 billion for NG-911 in an earlier version of the Build Back Better Act budget reconciliation package (see 2109140063). The version of that measure the House eventually passed allocated $490 million for NG-911 (see 2111190042).

An amendment to HR-5486 from House Communications Vice Chair Doris Matsui, D-Calif., would alter the measure’s original proposal directing NTIA to develop and implement a standardized framework for facilitating spectrum sharing between federal and nonfederal users. Democrats resisted signing on to the original HR-5486 because the proposed spectrum sharing system would have involved only auction winners, which they believed would prohibit sharing on an unlicensed basis, lobbyists said. The revision makes the sharing system “neutral” so it could be used more comprehensively, lobbyists said.

Matsui’s amendment would change the framework to an “incumbent informing capability” that will “include a system to enable sharing, including time-based sharing, to securely manage harmful interference between non-Federal users and incumbent Federal entities sharing a band of covered spectrum and between Federal entities sharing a band of covered spectrum.” The system would include mechanisms to allow nonfederal use of spectrum that will allow for “interfaces to commercial sharing systems,” the amendment said. The system will include mechanisms “to facilitate Federal-to-Federal sharing” and “prevent, eliminate, or mitigate harmful interference to incumbent Federal entities.” The system would have “dynamic coordination area analysis, definition, and control, if appropriate for a band.” Every “incumbent federal entity sharing a band of covered spectrum” will be required to provide information to the system on “the frequency, time, and location of” its use of a spectrum band, the amendment said. Federal entities’ costs for including information in the system will be paid for from the Spectrum Relocation Fund.

An amendment to HR-4275 from Rep. Marc Veasey, D-Texas, would require the FCC to conduct a report on the number of SNAP participants that are enrolled in the Lifeline and affordable connectivity programs. The amendment would require a separate GAO report on outreach and publicity efforts related to Lifeline. An amendment to HR-5400 from House Communications Republicans would change the length of a proposed extension of an exemption of USF from Antideficiency Act provisions to Dec. 31, 2023, instead of the same date in 2024.