House Communications Subcommittee Chairman Mike Doyle, D-Pa., emphasized what he views as a stark difference in telecom policymaking that will occur depending on whether President Donald Trump or Democratic nominee Joe Biden wins the November election. A Biden White House and Democratic-controlled Congress “will work to connect all Americans” and plans to “make a historic investment in our broadband infrastructure,” Doyle, a Biden supporter (see 1912130043), said Tuesday at Incompas' event. Biden and the Democrats will also address broadband affordability, “will restore” now-rescinded 2015 FCC net neutrality rules and will “work to combat the flood” of online misinformation, he said. If Trump wins, “I don’t see us addressing any of these issues. I see our government continuing to work to appease the whims of a narcissistic individual. I see the digital divide continuing to grow,” Doyle said. He and House Majority Whip James Clyburn, D-S.C., cited the continued need for Congress to include broadband funding in the next COVID-19 aid bill (see 2009150068). FCC Chairman Ajit Pai defended the commission’s approval of Ligado’s L-band plan and predicted the upcoming C-band auction will be “massive” (see 2009150069).
Jimm Phillips
Jimm Phillips, Associate Editor, covers telecommunications policymaking in Congress for Communications Daily. He joined Warren Communications News in 2012 after stints at the Washington Post and the American Independent News Network. Phillips is a Maryland native who graduated from American University. You can follow him on Twitter: @JLPhillipsDC
FCC Commissioner Mike O’Rielly acknowledged in written testimony submitted Wednesday before a planned Thursday House Communications Subcommittee hearing that the panel is “likely the last time I will testify before Congress as a sitting member of the Commission.” The White House announced Tuesday that President Donald Trump intends to nominate NTIA Senior Adviser Nathan Simington in O’Rielly’s place.
The bipartisan House Problem Solvers Caucus began pressing Tuesday for alternate COVID-19 aid legislation that includes broadband funding, amid a renewed push for a compromise. House Speaker Nancy Pelosi, D-Calif., wants the chamber to remain in session until passage. Majority Whip James Clyburn, D-S.C., and Communications Subcommittee Chairman Mike Doyle, D-Pa., during appearances at an Incompas event cited the need for COVID-19 legislation to address broadband. House Republicans cited broadband access in their preelection “Commitment to America” plan as a priority if their party regains a majority in the chamber.
President Donald Trump intends to nominate NTIA Senior Adviser Nathan Simington to replace Commissioner Mike O’Rielly at the FCC, the White House announced Tuesday night. O’Rielly’s future at the commission has been in limbo for more than a month since Trump revoked his renomination. Several top Senate Republicans have gone to bat to convince the president to reverse that decision.
Senate Commerce Committee Chairman Roger Wicker, R-Miss., said Monday he’s actively “working with” appropriators to allocate funding to the FCC to implement the Secure and Trusted Communications Networks Act (HR-4998) and Broadband Deployment Accuracy and Technological Availability Act broadband mapping law (S-1822 and see 2003040056). “The FCC estimates that will cost between $1.6 billion and $1.8 billion” to implement HR-4998 (see 2009040050), Wicker said during an Incompas event. “When we’re spending 2.2 trillion” via the Coronavirus Aid, Relief and Economic Security Act (see 2003250046), spending less than $2 billion on HR-4998 implementation would be “well worth it.” When “you talk to” the FCC about implementing S-1822, they “will point out that it’s great to have” the law, “but they’re not able to appropriate the money” to implement the changes to its broadband coverage data collection practices envisioned in the statute, Wicker said. “They need $65 million to implement that change and we’re working to make sure that we get there soon lest we proceed with faulty information.” He hopes Congress appropriates money to implement HR-4998 and S-1822 by the end of the month, when lawmakers have to either pass FY 2021 appropriations measures or a continuing resolution to fund the government past the Sept. 30 end of FY 2020. Kelley Drye USF lawyers John Heitmann and Steve Augustino told Incompas the FCC's approaches and priorities may shift depending on which party wins the November presidential election (see 2009140032).
Lawmakers will probably not be able to repeal the 2012 Spectrum Act's mandate for public safety to move off the 470-512 MHz T band until Congress’ post-election lame-duck session because of the likely lack of a viable legislative vehicle before that time, officials and lobbyists told us. FCC Chairman Ajit Pai simultaneously circulated an auction NPRM and urged Congress in May to repeal the mandate (see 2005150053) because the sale was “a bad idea.”
NTIA Senior Adviser Nathan Simington became another contender in recent days to replace Commissioner Mike O’Rielly at the FCC, though it’s unclear whether he’s the White House’s top choice, lobbyists and officials told us. O’Rielly’s future remains in limbo amid continued interest from Republican senators in President Donald Trump reversing an early August decision to withdraw his renomination. Several Trump administration alumna and Senate Commerce Committee aides are also considered leading candidates (see 2009090001). Simington’s LinkedIn profile lists his NTIA portfolio as including work on “spectrum allocation and internet freedom issues.” He joined the agency in June. Simington is a former senior counsel for wireless distributor Brightstar and was an associate at Chapman and Cutler, Kirkland & Ellis and Mayer Brown. Simington and the White House didn’t comment Friday.
FCC Commissioner Mike O’Rielly’s future remains in limbo more than a month after President Donald Trump withdrew his renomination (see 2008030072), officials and lobbyists told us. Republican senators returned Tuesday from the August recess without a clear outcome from their push for Trump to reverse course (see 2008060062). Officials we spoke with indicated the White House hasn’t settled on a new candidate for the GOP seat.
The House Commerce Committee advanced three telecom bills Wednesday, including bipartisan voice votes in favor of the Expanding Broadcast Ownership Opportunities Act (HR-3957) and the Preserving Home and Office Numbers in Emergencies Act (HR-1289). The committee also advanced the Enhancing Broadcaster Diversity and Inclusion by Verifying and Ensuring the Reporting Required by Statute Is Transpiring and Yielding Data Act (HR-5564) despite opposition from ranking member Greg Walden of Oregon and other Republicans. Chairman Frank Pallone, D-N.J., said “we’re going to try” to seek floor votes on at least some of the measures this month.
The House and Senate Commerce committees are eyeing two hearings next week on telecom issues, communications sector lobbyists told us. House Commerce is expected Thursday to issue a notice on a Sept. 17 FCC oversight hearing, lobbyists said. Senate Commerce, meanwhile, plans a panel on oversight of FirstNet, lobbyists said. The House Commerce hearing would be FCC Commissioner Mike O’Rielly’s first public appearance on Capitol Hill since President Donald Trump withdrew his renomination to another term (see 2008030072). The panel is expected to touch on FCC plans for handling NTIA’s petition for regulations defining the scope of Communications Decency Act Section 230 (see 2007270070). O’Rielly’s reluctance to publicly back FCC OK of the Trump-sought Section 230 petition is considered the main reason his renomination was revoked (see 2008040061). Senate Commerce’s FirstNet hearing would be the first Hill oversight panel on the network since 2017 (see 1711010035). House and Senate Commerce didn’t comment.