Jimm Phillips

Supporters of FCC nominee Gigi Sohn have gotten indications the Biden administration wants to renominate her in January, but there’s been no definitive word this will happen amid uncertain internal Senate dynamics. That lack of clarity in part stems from Senate leaders not yet being able to guarantee Sohn would get as swift a confirmation process as the White House and others want, lawmakers and lobbyists said in interviews. The Senate failed to hold any floor votes on Sohn before the chamber left town just before Christmas, and it won’t return until just before the 118th Congress gavels in Tuesday. Sohn’s 2022 confirmation process stalled in March after the Commerce Committee tied 14-14 on advancing her to the floor (see 2203030070). Biden first nominated her in October 2021 (see 2110260076).

The revised March 9 expiration date for the FCC’s auction authority included in the FY 2023 appropriations omnibus package (HR-2617) is spurring House Communications Subcommittee leaders’ interest in quickly reaching a new deal on a spectrum legislative package when talks reconvene at the start of the 118th Congress. Capitol Hill passed the short-term reauthorization after the leaders of the House and Senate Commerce committees weren’t able to attach the Spectrum Auction Reauthorization Act (see 2212190069), a package of modified language from the upper chamber's version of the Spectrum Innovation Act (S-4117) and other related measures, to the omnibus. Senate Commerce leaders are divided on whether they will be able to advance the legislative package largely in its current form in the next Congress (see 2212270029).

Senate Commerce Committee leaders who spearheaded a stymied bid to attach the Spectrum Auction Reauthorization Act (see 2212190069) to the FY 2023 appropriations omnibus bill (HR-2617) are divided on whether they will be able to advance the proposal largely in its current form in the next Congress. The reauth package included modified language from the chamber's version of the Spectrum Innovation Act (S-4117) and other related measures. President Joe Biden signed off Friday night on a continuing resolution that extends the FCC's spectrum auction authority through Dec. 30 (HR-4373) to allow further time for HR-2617's enrolled version to make it to his desk. Congress included language in the omnibus that renews the FCC's remit through March 9, in lieu of the spectrum deal language. The March 9 deadline is spurring lawmakers’ interest in quickly reaching a new deal when talks reconvene at the start of the 118th Congress.

The House is set to vote Friday on passing the FY 2023 appropriations omnibus package (HR-2617), which would extend the FCC’s spectrum auction authority through March 9 in lieu of a spectrum legislative deal that got objections (see 2212200077) from Sen. Mike Rounds, R-S.D. The Senate voted 69-29 Thursday to pass the omnibus, which also includes increases in federal funding for the FCC, FTC, NTIA, other Commerce Department agencies, the DOJ Antitrust Division and CPB (see 2212210077). The House, meanwhile, passed the Martha Wright-Reed Just and Reasonable Communications Act (S-1541) and Low Power Protection Act (S-3405) on voice votes a day after the Senate cleared both measures.

The Senate appeared poised to pass as soon as Wednesday an FY 2023 appropriations omnibus package that includes another short-term extension of the FCC’s spectrum auction authority, though the situation remained fluid late that afternoon amid continued wrangling over potential votes on amendments to the measure. Lawmakers agreed to attach a renewal the FCC’s remit through March 9, after an objection from Sen. Mike Rounds, R-S.D., derailed a negotiated deal to include a modified version of the chamber's version of the Spectrum Innovation Act (S-4117) and other related measures (see 2212200077).

Sen. Mike Rounds, R-S.D., who sank a bid by telecom-focused congressional leaders to attach a modified version of the chamber's version of the Spectrum Innovation Act (S-4117) and other related telecom priorities to the FY 2023 appropriations omnibus measure (see 2212190069), claimed Tuesday that DOD faced outside pressure to agree to back the proposal. Rounds vowed to continue opposing future attempts to weaken DOD's authority to manage its spectrum holdings.

An objection from Sen. Mike Rounds, R-S.D., appears to have all but killed a deal telecom-focused congressional leaders struck over the weekend to attach modified language from the Senate version of the Spectrum Innovation Act (S-4117) to a planned FY 2023 appropriations omnibus package, several congressional aides and communications industry lobbyists told us Monday. Another short-term renewal of the FCC’s auction authority is, however, still expected to be in the package, lobbyists said. Hill leaders were expected to release the omnibus’ text Monday, but it wasn’t available that afternoon.

An objection from Sen. Mike Rounds, R-S.D., appears to have all but killed a deal telecom-focused congressional leaders struck over the weekend to attach modified language from the Senate version of the Spectrum Innovation Act (S-4117) to a planned FY 2023 appropriations omnibus package, a congressional aide and several communications industry lobbyists told us Monday. Another short-term renewal of the FCC’s auction authority is, however, still expected to be in the package, lobbyists said. Hill leaders were expected to release the omnibus’ text Monday, but it still wasn’t available that afternoon.

Senate Commerce Committee leaders hadn’t resolved a longstanding disagreement Thursday night over how hoped-for compromise spectrum legislative language would structure repurposing parts of the 3.1-3.45 GHz band for commercial 5G use, a hurdle that could derail a bid to attach the proposal to an FY 2023 omnibus appropriations measure (see 2212070068). Those leaders made progress on some parts of the measure, including moving closer on amounts of spectrum auction revenue they will allocate to fully fund the FCC’s Secure and Trusted Communications Networks Reimbursement Program and finance next-generation 911 tech upgrades.

Senate Communications Subcommittee members from both parties targeted FCC and NTIA implementation of connectivity programs created in the Infrastructure Investment and Jobs Act and COVID-19 aid measures Tuesday, as expected (see 2212120064), including concerns about deficient data the commission used to develop its new broadband maps. Lawmakers also touched on other telecom policymaking matters they hope Capitol Hill can address during the lame-duck session or in the next Congress. Senate Commerce Committee leaders saw a potential one-week extension of their talks on one lame-duck priority, a compromise spectrum legislative package (see 2212070068), appear via a proposed continuing resolution to fund the federal government past Friday.