Jimm Phillips

House GOP lawmakers want to place additional limits on China’s access to U.S. networks via amendments to the Armed Services Committee-cleared FY 2022 National Defense Authorization Act (HR-4350). House Armed Services advanced HR-4350 earlier this month with language that would improve DOD implementation of its October 2020 spectrum strategy and the department’s adjustment of its systems before the FCC’s planned auction of spectrum on the 3.45-3.55 GHz band (see 2108250075). Rep. Mike Gallagher, R-Wis., wants to attach language to HR-4350 from the Defending America’s 5G Future Act, which would codify the Commerce Department Bureau of Industry and Security's placement of Chinese telecom equipment maker Huawei to its export entity blacklist. Rep. Ann Wagner, R-Mo., proposes barring exports of telecom equipment “that would serve the primary purpose of assisting, or be specifically configured to assist, the People’s Republic of China in acquiring the capability to carry out censorship, surveillance, or any other similar or related activity.” Other tech and telecom-focused amendments include one from Rep. Van Taylor, R-Texas, to create a White House-led Technology Competitiveness Council aimed at keeping the U.S. competitive on tech issues. Rep. Maria Salazar, R-Fla., wants to attach her American Freedom and Internet Access Act (HR-5123), which would require the Air Force to implement Operation Starfall, which would give other countries wireless access via balloons and satellites. Rep. Abigail Spanberger, D-Va., wants the State Department to report to Congress on the “national security implications” of open radio access networks. Rep. Lance Gooden, R-Texas, wants to bar DOD from spending money with tech companies DOJ or the FTC determines have an “unlawful monopoly.” Rep. Tom Malinowski, D-N.J., seeks to prohibit federal agencies from requiring or supporting tech companies’ efforts to add backdoors or other security vulnerabilities to their products and services. The House Rules Committee will meet Monday at noon to consider which proposed HR-4350 amendments will get floor votes.

Acting FCC Chairwoman Jessica Rosenworcel said Wednesday she’s deferring to Congress in deciding how to parcel out the proposed $65 billion in broadband money included in the Senate-passed Infrastructure Investment and Jobs Act (HR-3684). She sidestepped questions during a virtual Politico event about whether senators’ decision to parcel out the bulk of connectivity funding in HR-3684 to NTIA indicates a lack of faith in the commission. Capitol Hill leaders said during the event they continue to push for lawmakers to pass a national privacy standard and revamp Communications Decency Act Section 230 during this Congress.

Senate Commerce Committee Chair Maria Cantwell of Washington and other chamber Democratic leaders told us they haven’t signed off on the House Commerce Committee’s portion of the Build Back Better Act budget reconciliation package because of what they consider an underwhelming amount of money for broadband. Senate Republicans we spoke with appeared unified with their House colleagues in opposition to the language.

Telecom and consumer protection language in the House Commerce Committee’s portion of the Build Back Better Act budget reconciliation package got limited attention Monday, the first day of the committee’s markup. Democratic leaders highlighted potential benefits, including the proposed $10 billion for next-generation 911 tech upgrades, $4 billion for the FCC emergency connectivity fund and $1 billion to fund a new FTC privacy bureau. Some GOP leaders criticized the additional ECF money, as expected (see 2109100063).

House Commerce Committee Republicans are unlikely to make the $4 billion in broadband money included in committee Democrats’ portion of the Build Back Better Act budget reconciliation package a centerpiece of their opposition to the measure but are expected to file at least some amendments to it, Capitol Hill aides and lobbyists told us. The legislation includes $10 billion for next-generation 911 tech upgrades, $1 billion to fund a new FTC privacy bureau and authorizes an FCC auction of at least 200 MHz of spectrum on the 3.1-3.45 GHz band, as expected (see 2109090067). House Commerce said it will begin marking up the measure at 11 a.m. EDT Monday in 2123 Rayburn.

The House Commerce Committee seeks $4 billion more for the FCC Emergency Connectivity Fund as part of its portion of the Build Back Better Act budget reconciliation package, the panel said in a summary we obtained Thursday. Commerce intended to have released the full bill text Thursday night, lobbyists told us. The House Science and Education committees were in the process early Thursday evening of marking up their parts of the reconciliation measure, which touch on other tech and telecom matters.

Senate Commerce Committee Democrats are considering proposing $45 billion of the $83.1 billion the chamber allocated to the panel for its portion of the coming budget reconciliation package (see 2108100062) be used for next-generation 911 and broadband. House Commerce Committee leaders, meanwhile, are gearing up for a planned Sept. 13 markup of the panel’s reconciliation priorities. That measure is likely to draw from broadband and NG-911 language in the Leading Infrastructure for Tomorrow’s (Lift) America Act (HR-1848), lobbyists told us.

AT&T asked the FCC to adopt a spectrum screen for 2.5 GHz-6 GHz. In 2016, AT&T opposed FCC decisions to impose low-band and high-band spectrum screens (see 1607080026). “It makes no sense to maintain them and not apply a similar screen for mid-band spectrum,” the company petitioned Wednesday. “Mid-band licenses are the most important input in any wireless provider’s portfolio of 5G spectrum assets -- and, not coincidentally, are also the most likely to become the subject of anticompetitive foreclosure strategies.” Current rules “do little to prevent” the potential for anti-competitive behavior involving mid-band since “they apply only the highly diluted overall spectrum screen to acquisitions of additional mid-band spectrum, inaccurately treating that spectrum as though it were fungible with other spectrum, while applying more granular scrutiny to acquisitions of spectrum below 1 GHz even though that spectrum actually is fungible with other bands,” AT&T said. Nothing “stops” carriers “from overpaying for yet more mid-band spectrum” because the existing screen “cannot prevent providers with outsized mid-band assets from engaging in a foreclosure strategy designed to keep rivals from obtaining the mid-band assets they need.” So “act through provider-specific review of post-auction long-form license applications, not through ex ante, provider-agnostic caps on spectrum acquired in any given auction." A new screen “is not a cap on how much spectrum any entity can hold,” blogged Executive Vice President-Federal Regulatory Relations Joan Marsh. “It is a filter that the FCC can use to identify spectrum acquisitions that trigger more detailed consideration of the potential for competitive harms.” The petition criticizes the FCC for “not requiring any spectrum divestitures” by T-Mobile in buying Sprint, which “trivialized its overall spectrum screen.” AT&T and T-Mobile trailed Verizon in bidding that ended in February for C-band spectrum (see 2102180041). The FCC, T-Mobile and Verizon didn’t comment.

The House Armed Services Committee Cyber Subcommittee’s proposed language for the FY 2022 National Defense Authorization Act, released Wednesday, aims to improve DOD implementation of its October 2020 spectrum strategy and the department’s adjustment of its systems before the FCC’s planned auction of spectrum on the 3.45-3.55 GHz band. It doesn’t mention panel members’ ongoing misgivings with Ligado’s planned L-band operations. Some lobbyists believe full committee leaders may attempt to attach the anti-Ligado Recognizing and Ensuring Taxpayer Access to Infrastructure Necessary (Retain) for GPS and Satellite Communications Act (HR-4634/S-2166) to the NDAA (see 2107230065). House Armed Services’ full committee NDAA markup is set for Sept. 1. Cyber’s NDAA language would require DOD to make a single “senior official” responsible for implementing the department’s October 2020 spectrum strategy and future iterations. DOD proposed using “dynamic and bidirectional sharing for facilitating access to commercial spectrum” (see 2010290061). The subcommittee proposes the designated senior official and other DOD agencies brief House Armed Services on how the department’s plan for aligning adjustments to systems affected by the 3.45 GHz auction will align with the October spectrum strategy. The subpanel wants DOD to submit a report to congressional defense committees examining the effectiveness of DOD spectrum operations. House Armed Services’ Strategic Forces Subcommittee proposes directing the Air Force and other space-focused DOD officials to brief the committee by the end of 2021 on plans for deploying an “alternate” GPS positioning, navigation and timing (PNT) constellation. The Air Force “must prioritize GPS resiliency by ensuring” DOD “has an alternate PNT capability available should GPS be denied,” Strategic Forces said in its bill report. House Infrastructure Committee members invoked the need for a GPS timing signals backup during a March hearing with Transportation Secretary Pete Buttigieg (see 2103250071).

Federal next-generation 911 funding has a slim chance of making it into a final infrastructure spending package, but Congress has other viable paths to enact the money this year, supportive lawmakers and officials said in recent interviews. The Senate passed its amended Infrastructure Investment and Jobs Act (HR-3684) with $65 billion for broadband but no NG-911 funding (see 2108100062). Some 911 stakeholders hope House Commerce Committee Democratic leaders will push to add at least some of the $15 billion they proposed in the Leading Infrastructure for Tomorrow’s (Lift) America Act (HR-1848) when the chamber considers HR-3684 or via a coming budget reconciliation package.