Trade Law Daily is a Warren News publication.
Executives Push Revamp

House Communications' Joyce Eyes Spectrum Mandate, Broadband Permitting for Next Congress

House Communications Subcommittee member Rep. John Joyce, R-Pa., said during a Wednesday USTelecom event he wants renewed pushes to restore the FCC’s lapsed spectrum auction authority and enact a broadband permitting revamp legislative package to be among the subpanel’s top priorities in the next Congress. Broadband executives likewise named Capitol Hill action on broadband permitting legislation as their top congressional priority once Republicans have control of both chambers in January. The officials also noted interest in lawmakers’ work on a potential USF revamp.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

Joyce said GOP wins in the House and Senate, along with President-elect Donald Trump’s victory, mean “this is our opportunity to achieve the goals that we have” on spectrum legislation and other matters. “We made some progress in this Congress, but I think we need to get the ball across the finish line, and this will give us the opportunity to do that,” he said. The House Commerce Committee unanimously advanced its Spectrum Auction Reauthorization Act (HR-3565) in May 2023, but broader Hill negotiations on a legislative deal have remained largely stalled in the nearly 18 months since as congressional leaders eyed alternative bills (see 2410290039).

Joyce emphasized a spectrum auction reauthorization measure can and should provide “resources” to address some major connectivity challenges, including fully funding the agency’s Secure and Trusted Communications Networks Reimbursement Program. HR-3565 would renew the FCC’s mandate through Sept. 30, 2026, and use spectrum revenue to pay for $3.08 billion for rip-and-replace, among other priorities. “China is continuing to try to eat our lunch, and this is our opportunity to become communication hawks,” including by ensuring rip-and-replace succeeds, Joyce said: “We have to be able to understand that moving forward, there has to be government support” for that program. Lawmakers are eyeing attaching rip-and-replace funding to end-of-year legislation but acknowledge it’s unclear whether that will happen (see 2411190064).

Joyce remains hopeful that House leaders will be positioned to raise the House Commerce-approved American Broadband Deployment Act permitting package (HR-3557) before the end of this Congress, but suggested Republicans will likely revisit the issue during the new Congress. “We have to be united in allowing this innovation, allowing the infrastructure that is so necessary for the expansion of broadband to occur,” he said. House Commerce Democrats unanimously opposed HR-3557 when it advanced last year and local government groups continue lobbying against the measure (see 2409180052).

“I plan to reintroduce” the Broadband Competition and Efficient Deployment Act (HR-3288), one of more than 20 GOP-led bills the panel included in HR-3557, if the House doesn’t pass the larger package, Joyce said. HR-3288 would declare that wireless facility collocations that provide telecom service or a bundled service aren't subject to National Environmental Policy Act or National Historic Preservation Act reviews. Joyce also noted Republicans’ interest in “additional improvements” to NTIA’s $42.5 billion BEAD program aimed at speeding up deployment. “We need to roll this out,” he said.

USTelecom CEO Jonathan Spalter and ISP executives at the group’s event strongly backed Congress revisiting a permitting revamp. “This really is a moment to reimagine the right framework for moving American broadband forward,” Spalter said. “That means taking a hard look at not just outdated regulations, but also old mindsets, doing things with common sense can be in the common interest.” Altafiber CEO Leigh Fox said permitting is “the one thing that slows us down, and then municipal permitting is … getting tougher and tougher.” The issue is “not money, it's not resources,” he said: “We can't put those two together fast enough and act fast enough because of permitting” timeline issues.

Windstream General Counsel Kristi Moody and BBT COO Rusty Moore emphasized broadband providers’ continued interest in Congress pursuing a USF revamp. Moore said “we fully support reform,” but “we need to evolve” the USF contribution mechanism. “As more and more people understand” USF is “a very complicated, very complex program, they will see the benefits and why it needs to be sustainable,” he said. Moody said lawmakers must understand that “USF is one of those components” of the U.S. connectivity “fabric.” If “that goes away, then the fabric is torn for some Americans,” she said: “This is something that we can preserve and that we can do a lot of good with.”