President Donald Trump renominated FCC Commissioner Mike O’Rielly Wednesday to another five-year term, ending June 30, 2024.
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 urged the Rural Utilities Service Tuesday to reconsider several of its proposed changes to the rules for the second round of applications for the $550 million ReConnect rural broadband infrastructure loan and grant program. They are “likely to result in potentially wasteful or problematic spending,” he said. The application deadline is March 31 (see 2003120024). The “more troubling aspects of the second round’s framework” include RUS’ decision to “lower the threshold” from 100 percent unserved to 90 percent for an area to be considered unserved to qualify for a 100 percent grant, O’Rielly said in a letter to RUS Administrator Chad Rupe. This “will likely result in upgrading service in lower cost areas that are not in need of broadband subsidies and leaving the hardest to reach areas without service.” It will “also likely result in a much more burdensome and less transparent challenge process,” O’Rielly said. He criticized “a lack of consistent and transparent practices governing the challenge process.” O’Rielly noted “certain RUS field agents had taken an idiosyncratic approach” to evaluating whether an area was unserved based on “the absence of a subscriber at the location” during the first ReConnect round, rather than “based on the existence of broadband infrastructure.” That “likely did not make much of a difference in the case of challenges to the first round of grants” but “could prove to have major consequences in the second round, given the challenging party’s much higher burden of proof,” he said. O’Rielly suggested “more comprehensive measures are needed to exclude areas subject to enforceable deployment obligations.” RUS restricts grant eligibility for areas that received Connect America Fund Phase II funding, but it's “puzzling and potentially harmful” that there aren’t similar blocks for other federal broadband funding programs, he said. O’Rielly urged RUS to ensure ReConnect funding “be distributed in a more technology neutral way” in the second round. USDA “is committed to being a strong partner in deploying high-speed broadband internet connectivity to families, farmers, businesses, and communities across rural America,” a spokesperson emailed. It coordinates with the FCC, NTIA, state governments and “local partners to ensure we are investing as responsibly and effectively as possible.” NCTA praised O’Rielly for “highlighting the need, particularly at this time, for the RUS to ensure that scarce taxpayer dollars be awarded where they are most needed -- in unserved areas that need connectivity.”
A White House-convened 5G summit is among events to be postponed or canceled because of COVID-19. The FCC also announced policies intended to allow agency licensees to function during the pandemic. Unlike the FCC, staff at some agencies are still having to report to the office.
President Donald Trump said during a Friday news conference his proclamation declaring the COVID-19 coronavirus pandemic a national emergency temporarily waives parts of the Medicare, Medicaid and state children's health insurance programs and the Health Insurance Portability and Accountability Act Privacy rule in a way that will enable more widespread use of telehealth. He called telehealth “a fairly new and incredible thing that’s happened in the not so distant past. I tell you, what they’ve done with telehealth is incredible.” There have been numerous calls for better access to telehealth resources as the virus outbreak has grown (see 2003120002). Trump also announced that a Google affiliate is working with the White House and other private sector companies on a website to aid Americans in finding tests to screen for coronavirus. Alphabet's Verily is overseeing plans for the website, which Trump said was to be ready by Sunday. The site will direct Americans to drive-through testing sites in parking lots at retailers like Target and Walmart, said White House Coronavirus Response Coordinator Dr. Debbie Birx. “It’s going to be very quickly done -- unlike websites of the past -- to determine if a test is warranted and to facilitate testing at a nearby convenient location,” Trump said. “Google has 1,700 engineers working on this right now. They’ve made tremendous progress. Our overriding goal is to stop the spread of the virus and to help all Americans who have been impacted by this.” Verily confirmed it's "developing a tool to help triage individuals for COVID-19 testing. We are in the early stages of development, and planning to roll testing out in the Bay Area, with the hope of expanding more broadly over time."
Congress isn't yet shortening its schedule in response to the COVID-19 pandemic, but members of both chambers’ Commerce and Judiciary committees told us last week not to expect their policymaking activities to be business as usual. Lawmakers barred public access to the Capitol and all House and Senate office buildings. Facilities remain open for members of Congress, Capitol Hill staff, credentialed journalists and business visitors.
President Donald Trump signed the Secure and Trusted Communications Networks Act (HR-4998) Thursday, as expected (see 2003040056). The law, which the Senate passed in February (see 2002270070), allocates $1 billion to help U.S. communications providers remove from their networks Chinese equipment determined to threaten national security (see 1912160052). The White House tied Trump’s signing of HR-4998 to a broader commitment “to safeguard America’s vital communications networks and securing technology.” Trump “is committed to the development of reliable 5G and ensuring the United States remains the global leader in technology and innovation,” the White House said. The administration “is working with allies and partners” on telecom security principles “that will foster reliable 5G networks” and “is working to ensure America’s private sector has access to spectrum, including critical mid-band spectrum, to fuel the growth of our wireless industry.” Trump is “committed to ensure” that rural Americans “have access to safe and reliable high-speed broadband,” the White House said. Trump told reporters before a meeting with Irish Prime Minister Leo Varadkar he believes if countries like Ireland use equipment from Chinese telecom equipment maker Huawei, “there's a real problem with intelligence and intelligence security. And we'll see what happens. We'll be discussing that point also.” HR-4998’s enactment drew praise from FCC Chairman Ajit Pai, U.S. lawmakers and communications sector officials. “Securing our networks from malicious foreign interference is critical to America’s wireless future, especially as some communications providers rely on equipment from companies like Huawei that pose an immense threat,” said HR-4998 lead sponsors House Commerce Committee Chairman Frank Pallone, D-N.J.; ranking member Greg Walden, R-Ore.; House Communications Subcommittee Vice Chair Doris Matsui, D-Calif.; and Rep. Brett Guthrie, R-Ky. Now “we can take steps to protect our communications networks from bad actors, while helping small and rural providers remove and replace suspect network equipment.” The law “lays the foundation to help U.S. firms strip out vulnerable equipment and replace it,” said Senate Commerce Committee Chairman Roger Wicker, R-Miss. "I hope Congress will build on this success and move forward quickly to appropriate the necessary funding to reimburse carriers for replacing any network equipment or services found to be a national security threat," Pai said. "This funding is essential to successfully transition communications networks—especially those of small and rural carriers—to infrastructure provided by more trusted vendors." Telecommunications Industry Association CEO David Stehlin called HR-4998 “an important step forward in the United States’ efforts to safeguard the integrity of our communications networks by supporting efforts to replace at-risk equipment with equipment from trusted suppliers.” The Rural Wireless Association said that “now we must push ahead in Congress to quickly appropriate the authorized funding." Mavenir considers HR-4998 “an important step,” said CEO Pardeep Kohli. Trump is "providing another policy tool to prevent China and others from interfering in our communications networks," said 5G Action Now Chairman Mike Rogers. He praised "banning the use of federal funds to buy equipment from Huawei, ZTE, and other companies deemed to be national security threats, while providing funds to allow small businesses to remove this equipment."
House Appropriations Financial Services Subcommittee Chairman Mike Quigley, D-Ill., told us he’s eyeing attaching a rider to the subcommittee’s FY 2021 appropriations bill aimed at allocating proceeds from the FCC’s coming auction of spectrum on the 3.7-4.2 GHz C band. Quigley raised concerns about the FCC’s current C-band auction plan during a Wednesday House Appropriations Financial Services hearing on the commission’s FY 2021 budget request. The C-band plan drew criticism from Senate Appropriations Financial Services Subcommittee Chairman John Kennedy, R-La., during that subpanel’s Tuesday FCC budget hearing (see 2003100022).
The U.S. Cyberspace Solarium Commission urged the federal government Wednesday to make major changes to its cybersecurity approach, including creating a Senate-confirmed national cyber director and a Bureau of Cyber Statistics. CSC urged the government to establish a special fund for cyberattack response and recovery efforts and said Congress should create stand-alone House and Senate cybersecurity committees, which has been sought for years (see 1403270046). “For over 20 years, nation-states and non-state actors have used cyberspace to subvert American power,” the commission reported. “Despite numerous criminal indictments, economic sanctions, and the development of robust cyber and non-cyber military capabilities, the attacks against the United States have continued.” CSC didn’t seek a unified federal cybersecurity agency, saying the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency, the State Department, Election Assistance Commission and other federal agencies with cyber responsibilities should partly restructure. “We want working at CISA to become so appealing to young professionals interested in national service that it competes with the NSA, the FBI, Google, and Facebook for top-level talent (and wins)," the CSC said. It recommended the Commerce Department to establish a National Cybersecurity Certification and Labeling Authority and State to have an assistant secretary focused on cybersecurity issues. CSC Commissioner and House Armed Services Emerging Threats Subcommittee Chairman Jim Langevin, D-R.I., said "our strategy of layered cyber deterrence will provide solid guidance for transformational reforms.” House Homeland Security Committee ranking member Mike Rogers, R-Ala., and Cybersecurity Subcommittee ranking member John Katko, R-N.Y., hailed the report. It represents “thoughtful and actionable ideas,” Rogers said. The "serious, forward-leaning recommendations" can help ensure critical infrastructure can "better defend against advanced cyber threats," said BSA|The Software Alliance Senior Director-Policy Tommy Ross. "Not everyone will like every recommendation the Commission produced, but our hope is that the report will create a sense of urgency for Congress to take meaningful, bipartisan action.”
The House Communications Subcommittee advanced the Clearing Broad Airwaves for New Deployment (C-Band) Act (HR-4855) and 10 other measures Tuesday on voice votes, as expected (see 2003090070). The timeline for the House Commerce Committee to mark up any of those measures remains uncertain, because of negotiations aimed at reaching a bipartisan deal on HR-4855 and other measures that have gotten GOP pushback and broader questions about Congress’ schedule given the spread of coronavirus.
Negotiations continued Monday between House Communications Subcommittee Democrats and Republicans to see if they can reach a deal to smooth advancement of the Clearing Broad Airwaves for New Deployment (C-Band) Act (HR-4855) and the Reinforcing and Evaluating Service Integrity, Local Infrastructure and Emergency Notification for Today’s (Resilient) Networks Act (HR-5926), communications sector lobbyists told us. The two bills, which got pushback from Republican leaders, are among 11 measures House Communications plans to mark up Tuesday. The session begins at 10 a.m. in 2123 Rayburn.