Major Senate 5G security advocates say they're eyeing potential legislative vehicles to advance the Secure 5G and Beyond Act (S-893) and U.S. 5G Leadership Act (S-1625). The Senate Commerce Committee advanced both measures and the Broadband Deployment Accuracy and Technological Availability (Data) Act (S-1822) during a Wednesday markup, as expected (see 1907230048). The committee revised all three measures Wednesday. 5G and spectrum issues also came up during two Wednesday hearings on White House Office of Science and Technology Policy matters.
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
The Broadband Deployment Accuracy and Technological Availability (Data) Act (S-1822) and two 5G security bills are expected to easily advance during a Wednesday Senate Commerce Committee executive session (see 1907180054), lawmakers and lobbyists told us. Some said they now believe the markup process is unlikely to result in any substantial changes to S-1822, after earlier hiccups. The other measures up for markup are the Secure 5G and Beyond Act (S-893) and the U.S. 5G Leadership Act (S-1625). The executive session is to begin at 10:30 a.m. in 216 Hart.
Members of Congress continue introducing or working on bills targeting national security concerns with Chinese telecom equipment manufacturer Huawei, including a pending bill from House Commerce Committee Chairman Frank Pallone, D-N.J., lawmakers and lobbyists told us. Some on Capitol Hill said they're holding out hope that a conference committee to marry the disparate House and Senate versions of the FY 2020 National Defense Authorization Act will agree to include a trio of House-passed amendments that target Huawei and ZTE. But they and others said legislative vehicles and these recent stand-alone bills should be considered as an alternative if the conference process fails to bear fruit.
Commerce Committee Chairman Frank Pallone, D-N.J., told us he's urging House leaders to allow a floor vote next week on the Stopping Bad Robocalls Act (HR-3375). He received “no commitments yet” consideration will happen. He and others hope to capitalize on momentum for the bill, which Commerce cleared 48-0 Wednesday (see 1907170076). Next week is the last opportunity the chamber will have to advance the measure before the five-week August recess. Rep. Anna Eshoo, D-Calif., meanwhile, told us she's considering filing an amendment to attach language from her Help Americans Never Get Unwanted Phone Calls (Hangup) Act (HR-1421) when HR-3375 comes to the floor. HR-1421 and Senate companion S-626 would close a loophole in the Telephone Consumer Protection Act created in the 2015 Bipartisan Budget Act OK'ing robocalls to cellphones for collection of debt to the government (see 1902280062). Eshoo originally sought the amendment during the House Communications Subcommittee's June markup of HR-3375 and unsuccessfully negotiated to include it for House Commerce consideration of the bill (see 1907160048). “I think that there are members who don't understand” the Hangup Act's intent, and “it's an important opportunity” to address the TCPA loophole, Eshoo said. “We have good language in place” in the House Commerce-cleared HR-3375 “that everybody's embracing," said House Commerce ranking member Greg Walden, R-Ore., in a Thursday interview. "I always worry that after you've been through the whole process, tacking on an amendment that there were previously problems with” could hurt prospects for easy floor passage. He “would prefer not to go down that route.”
Three telecom-focused GOP leaders believe more than the departure of any particular official within President Donald Trump's administration will be needed to solve the FCC-Commerce Department quarrel over U.S. spectrum strategy. Those comments came before and after reports surfaced about the potential pending departure of Commerce Deputy Chief of Staff and Policy Director Earl Comstock. He's seen as a central player in this infighting (see 1905090051). Discussion about the fracas became the dominant topic at a Tuesday House Communications Subcommittee on spectrum policy (see 1907160067).
House Commerce Committee leaders are eyeing a potential House vote as soon as next week on the compromise Stopping Bad Robocalls Act (HR-3375) after successfully advancing the measure out of the committee Wednesday. House Commerce voted 48-0 for the bill. Senate Communications Subcommittee Chairman John Thune, R-S.D., meanwhile, told us he's now more optimistic about the chances Capitol Hill negotiators will be able to reach a conference agreement to marry HR-3375 and his Senate-passed Telephone Robocall Abuse Criminal Enforcement and Deterrence (Traced) Act (S-151).
House Communications Subcommittee members focused on the spectrum policy fracas between the Commerce Department and the FCC during a Tuesday hearing to a far greater extent than expected (see 1907150020). The quarrel involves NASA and NOAA concerns about potential effects of commercial use of spectrum on the 24 GHz band, sold in the recent FCC auction, on federal technology using adjacent frequencies (see 1905230037). Lawmakers also showed significant interest in the debate over the best plan for clearing spectrum on the 3.7-4.2 GHz C-band, though an industry-focused panel that appeared centered on the issue was truncated amid House votes.
House Commerce Committee leaders appear to have reached a deal on some revisions to the compromise version of the Stopping Bad Robocalls Act (HR-3375) before its planned Wednesday committee markup (see 1907120051). The measure would direct the FCC to issue rules requiring carriers offer free opt-out robocall blocking and caller ID services to consumers. It would increase to three years -- in some cases, four -- the statute of limitations for illegal spoofing; and would increase ability to impose fines (see 1906200061). The House Communications Subcommittee advanced the measure in June (see 1906250071). Commerce ranking member Greg Walden, R-Ore., told us Monday there may have been “movement” in favor of including some revised form of an amendment that Rep. Anna Eshoo, D-Calif., originally sought during the Communications markup that would include language from her Help Americans Never Get Unwanted Phone Calls (Hangup) Act (HR-1421). The bill and Senate companion S-626 as filed would close a loophole in the Telephone Consumer Protection Act created in the 2015 Bipartisan Budget Act (see 1902280062). House Commerce will mark up 25 bills besides HR-3375. The session will begin at 9:30 a.m. in 2123 Rayburn, the committee said.
Debate over the best plan for clearing spectrum on the 3.7-4.2 GHz C-band is expected to be the big draw for stakeholders during the House Communications Subcommittee's Tuesday hearing on spectrum policy issues. It won't be the only focus. Six other bands are known to be on subcommittee members' radar amid ongoing Capitol Hill interest in U.S. strategy for taking a lead role in 5G development, lawmakers and lobbyists said in interviews. The panel is set to start at 10:30 a.m. in 2322 Rayburn (see 1907100069).
The House voted 220-197 Friday to pass its version of the FY 2020 National Defense Authorization Act (HR-2500), which includes three amendments addressing concerns about Chinese telecom equipment manufacturers Huawei and ZTE (see 1907110037). One, led by Rep. Mike Gallagher, R-Wis., would impose conditions for the Department of Commerce to lift Bureau of Industry and Security addition of Huawei to its entity list (see 1906190054). A second Gallagher-led proposal would direct the president to submit a report to Congress on ZTE's compliance with a 2018 agreement that lifted Commerce's ban on U.S. companies selling telecom software and equipment to ZTE (see 1807130048). “There are many shortcomings in this year's NDAA, but one positive” is inclusion of the anti-Huawei/ZTE amendments, he tweeted Thursday. Commerce officials said at a BIS conference the department plans to issue multiple guidance documents on its blacklisting of Huawei due to the large number of questions from U.S. exporters. Language from Rep. Ruben Gallego, D-Ariz., would restrict use of telecom equipment made by companies originating in countries that are U.S. adversaries at DOD installations in U.S. territories in the Pacific Ocean. The Senate passed its 2020 NDAA version (S-1790) in June without language from proposed anti-Huawei amendments (see 1906270051). HR-2500 also includes an amendment led by Rep. Norma Torres, D-Calif., that would attach language from the 911 Supporting Accurate Views of Emergency Services (Saves) Act (HR-1629/S-1015). It would change the federal government's classification of public safety call-takers and dispatchers to “protective service occupations" (see 1904050054).