A Senate block on FCC Commissioner Mike O’Rielly is likely to delay reconfirmation until at least after Congress’ upcoming August recess and potentially until after the November election, lawmakers and lobbyists said in interviews last week. Armed Services Committee Chairman Jim Inhofe, R-Okla., placed a hold last week on O’Rielly that he said will last until the commissioner publicly “states that he will vote to overturn” the order approving Ligado’s L-band plan (see 2007280039). President Donald Trump nominated O’Rielly in March to a term ending in 2024 (see 2003180070).
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
President Donald Trump withdrew his renomination of FCC Commissioner Mike O’Rielly to another term, the White House announced Monday. The Trump administration and O’Rielly’s office didn’t immediately comment. O’Rielly’s nomination had been seen to be on hold until at least September due to a hold from Senate Armed Services Committee Chairman Jim Inhofe, R-Okla., and opposition from several Senate Commerce Committee Democrats.
If presumptive Democratic presidential nominee Joe Biden wins the November election, there’s a danger “you’ll see the heavy-handedness of government” make a resurgence and stifle tech sector innovation, posing a risk the U.S. bid to dominate 5G development, House Communications Subcommittee ranking member Bob Latta, R-Ohio, said on C-SPAN’s The Communicators set to be televised this weekend. The U.S. needs to prevail in the 5G race against China and Russia, but tech sector officials have repeatedly told lawmakers that can happen only if the federal government continues to emphasize “soft-touch regulation,” as it has over the course of President Donald Trump’s administration, Latta said. He noted the importance of ensuring cybersecurity “is a major priority” given national security threats posed by Chinese equipment makers Huawei and ZTE and concerns about TikTok. Latta said consensus on appropriations via infrastructure legislation for broadband funding requires buy-in from both parties. The lawmaker pointed to an amended version of the 5G Spectrum Act (S-2881) as a potential compromise. The measure, which the Senate Commerce Committee cleared in December, would allocate 10% of proceeds from the FCC’s upcoming auction of spectrum on the 3.7-4.2 GHz C band for broadband (see 1912110038). Latta believes it’s going to be tougher to include broadband money in the next COVID-19 aid bill given other priorities. A final bill is likely to be a “much more scaled-down piece of legislation,” he said. Senate Republican proposals for the next aid legislation include few telecom and tech provisions (see 2007280059). Latta believes compromise and bipartisanship are required to advance any legislation to revamp Communications Decency Act Section 230. NTIA petitioned the FCC earlier this week to clarify Section 230, as President Donald Trump directed (see 2007270070).
Senate Intellectual Property Subcommittee Chairman Thom Tillis, R-N.C., wants any Digital Millennium Copyright Act revamp to codify existing DMCA fair use exceptions and add potential new such categories. Tillis has been working on potential update language with an eye to releasing a draft in December (see 2006090063). Ranking member Chris Coons, D-Del., is doubtful about the legislative path forward this Congress given limited legislative days (see 2006230068).
House Commerce Committee ranking member Greg Walden, R-Ore., decried the committee’s lack of progress since the beginning of 2019 on privacy and autonomous vehicle legislation. “I wish we were farther along” on privacy legislation, Walden said on C-SPAN’s The Communicators that was to have been televised this weekend. If the GOP had retained its House majority in the 2018 election, he believes he and Senate Commerce Committee Chairman Roger Wicker, R-Miss., would have focused on reaching a legislative deal early this Congress. “We talked a lot about it” before the election, Walden said. “We were hoping to get ahead” of the California Consumer Privacy Act taking effect “and look at what worked and didn’t work” with the EU’s general data protection regulation. CCPA enforcement began this month (see 2006300051). That law and GDPR are becoming the U.S.’ de facto privacy standard absent a national law, Walden said: “America should lead in this space” and “the longer we wait, the more other governments … are going to meander around in this space and you’re going to have this patchwork of competing requirements.” The main reason privacy legislation hasn’t moved is because of continuing disagreements about whether to include a private right of action or a trial bar in a final measure, Walden said. The latter is also the main reason AV legislation failed to advance. Walden was more optimistic about House Commerce’s work on communications network security, citing enactment of the Secure and Trusted Communications Networks Act. HR-4998 provides funding to help U.S. communications providers remove Chinese equipment determined to threaten national security (see 2003040056). He hopes appropriators include money for the law’s enactment in FY 2021 funding measures. The House Appropriations Committee’s FY21 FCC funding bill allocates $1 billion for that purpose (see 2007080064). “The extent to which we can get” suspect “equipment out of” U.S. infrastructure and “not only compete on 5G but leapfrog to whatever we call the next iteration … is where we need to focus,” Walden said.
Senate Communications Subcommittee Chairman John Thune, R-S.D., and other lawmakers expressed interest Thursday in pursuing legislation and other solutions to address what they see as a dysfunctional relationship between the FCC and other federal agencies on spectrum management. Thune later told us Capitol Hill is unlikely to address the issue this Congress given the dwindling legislative calendar. FCC approval of Ligado’s L-band plan wasn’t directly mentioned despite earlier expectations (see 2007220066).
A Thursday Senate Communications Subcommittee hearing on the FCC and NTIA roles in spectrum policymaking is likely to at least partially focus on the dispute between the two agencies over Ligado’s L-band plan, lawmakers and officials said in interviews. The hearing is also likely to be a venue for lawmakers to address other related policy matters, including FCC disputes with other federal agencies on the 24 GHz auction and other frequencies, and bids to allocate proceeds from the coming auction of spectrum on the 3.7-4.2 GHz C band, lobbyists said. The panel begins at 10 a.m. in 253 Russell (see 2007160054).
The Senate Commerce Committee advanced a trio of tech and telecom bills Wednesday during an executive session that also moved FCC Commissioner Mike O’Rielly’s renomination (see 2007220066). The committee voted by voice to advance a revised version of the Data Mapping to Save Moms’ Lives Act (S-3152), the amended Fundamentally Understanding the Usability and Realistic Evolution of Artificial Intelligence (Future of AI) Act (S-3771), and amended Advancing AI Research Act (S-3891). S-3152 would require the FCC map areas that lack broadband connectivity and have poor maternal health. S-3771 would direct the Commerce Department to establish an AI panel. S-3891 would establish National Institute of Standards and Technology AI research. Senate Commerce also voted 14-12 to advance confirmation of Commerce Department acting General Counsel Michael Walsh.
Facebook and Comcast were the tech and telecom sectors’ top lobbying spenders for Q2, while other entities in those industries reported a mix of increases and decreases. NCTA, Charter and Microsoft earlier reported increases; the Internet Association, NAB and IBM reported decreases (see 2007200062). Facebook said it spent $4.83 million, up more than 17% from the same period in 2019. Comcast had $3.65 million, up more than 14%. Google fell 42% to $1.69 million. Huawei rose 142% to $170,000. Amazon spent $4.38 million, up 9%. AT&T shelled out $3.46 million, a more than 4% increase. Verizon reported $2.53 million, up almost 4%. CTIA was $2.48 million, down almost 5%. Qualcomm spent $1.97 million, up more than 1%. Apple fell 18% to $1.48 million. Dell was little changed at $910,000. CenturyLink spent $570,000, down 40%. USTelecom spent $560,000, up 12%. Twitter laid out $390,000, down 11%. The Competitive Carriers Association was flat at $180,000. The Telecommunications Industry Association fell by half to $50,000.
FCC Commissioner Mike O’Rielly would "give due consideration to a stay” of the order approving Ligado’s L-band plan “if such an item is circulated by” Chairman Ajit Pai, he told Senate Commerce Committee members in response to follow-up questions from his recent reconfirmation hearing. O’Rielly defended the FCC’s approval of the Ligado plan during that hearing (see 2006160062). The committee posted O’Rielly’s responses Monday. Senate Commerce votes Wednesday whether to advance O’Rielly’s renomination to a term ending in 2024. The meeting begins at 9:45 a.m. in G50 Dirksen.