House Communications Subcommittee members formally began a new chapter Thursday in their yearslong debate over net neutrality legislation. They used a hearing to stake out largely familiar positions on use of Communications Act Title II as a legal basis for FCC rules. Leading subcommittee Democrats strongly supported restoration of the rescinded Title II-backed 2015 rules. Some lawmakers have been exploring potential legislation that would put into statute broad contours of the now-rescinded rules (see 1901100001).
A Wednesday Senate Commerce Committee hearing on 5G was dominated by lawmakers' concerns about the national security threat from China in its race against the U.S. President Donald Trump's administration is believed to be considering actions aimed at boosting U.S. competitiveness in 5G and other technologies, communications lobbyists told us. Trump barely mentioned tech during Tuesday night's State of the Union, matching officials' expectations (see 1901180032). Concerns about 5G security were also the focus of a Center for Strategic and International Studies event (see 1902060056).
A Wednesday Senate Commerce Committee hearing on 5G deployment is likely to be a first indicator of the direction members want to take on related legislation this Congress, said lawmakers and officials in interviews. Senators may opine on a range of related issues, including T-Mobile's proposed buy of Sprint (see 1902050050) and 5G equipment supply chain security. Any comments President Donald Trump makes during his Tuesday evening State of the Union about infrastructure legislation could also be fodder for discussion. The hearing begins immediately after a Commerce executive session in Dirksen G50.
The House Commerce Committee will “reassume its traditional role of oversight” over the FCC under its new Democratic leadership, Chairman Frank Pallone, N.J., and House Communications Subcommittee Chairman Mike Doyle, Pa., wrote FCC Chairman Ajit Pai Monday. Both Democratic leaders have flagged more critical FCC oversight as a top House Commerce agenda for this Congress (see and 1811140055). The lawmakers criticized Pai for failing “on numerous occasions to provide Democratic members” of the committee “with responses to their inquiries” and “denied or delayed responding to legitimate information requests from the public about agency operations.” Those actions “have denied the public of a full and fair understanding of how the FCC under your leadership has arrived at public policy decisions,” Pallone and Doyle said. “Under your leadership, the FCC has failed repeatedly to act in the public interest and placed the interest of corporations over consumers.” The lawmakers sought information and documents by March 4 on the FCC’s current agenda, including its “workload and backlog,” and agency interactions with the public via consumer complaints and Freedom of Information Act requests. FCC staff followed up Friday on a requested briefing with House Commerce aides on the agency's investigation of wireless carrier location tracking practices that had been the subject of earlier Pallone criticism (see 1901310052), a committee spokesperson said. “Committee staff reiterated their serious concerns about the wireless carriers’ unauthorized disclosure of real-time location data and urged the FCC to swiftly and thoroughly carry out its investigation,” the spokesperson emailed. The FCC under Pai "has been the most transparent FCC in history with the Commission for the first time publicly releasing the drafts of meeting items three weeks before the Commission vote," its spokesperson emailed. Under Chairman Tom Wheeler, the representative said, the FCC "had to pass an Order before the public was allowed to see what was in it."
President Donald Trump plans to urge Congress during Tuesday's State of the Union to “produce an infrastructure package that delivers substantial investments in vital” projects, an administration official told reporters Friday on condition of not being identified. Trump's push for infrastructure legislation would be part of a broader focus on “rebuilding America” in a speech aimed at encouraging bipartisan compromise. Administration officials continued to meet in recent weeks on reviving an infrastructure legislative package this year, including whether to expand its telecom scope beyond increasing broadband deployments to also include funding for 5G technology (see 1901180032). Telecom interests have been hopeful that prospects for compromise on a broadband title in infrastructure legislation have improved because the split partisan control of Congress (see 1811130011).
The House Communications Subcommittee confirmed Thursday its first net neutrality hearing this Congress is Feb. 7, as expected (see 1901280054). It will focus on “disastrous impacts” of FCC rescission of 2015 rules and ways to undo that action, Chairman Mike Doyle, D-Pa., said in a video. House Democrats “want to make sure that ISPs are not manipulating your experience on the internet.” It's set to begin at 11 a.m. in 2322 Rayburn, the House Commerce Committee said. Democrats are considering possible legislation to restore the 2015 rules, including classifying broadband service under Communications Act Title II (see 1901100001). Friday is oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit in the Mozilla v. FCC challenging the rescission (see 1901300021). House Communications didn't announce witnesses. Lobbyists said they likely will include then-FCC Chairman Tom Wheeler, who presided over the 2015 rules' adoption. Wheeler didn't comment.
CTIA President Meredith Baker and Competitive Carriers Association President Steve Berry are among those set to testify at an expected Feb. 6 Senate Commerce Committee hearing on 5G deployment issues, the committee said Wednesday. Intelligent Transportation Society of America President Shailen Bhatt, U.S.-China Economic and Security Review Commission member Michael Wessel and Urbanova CEO Kim Zentz will also testify. The hearing is to begin immediately after a 10 a.m. Senate Commerce executive session in G50 Dirksen. The hearing, a priority for committee Chairman Roger Wicker, R-Miss. (see 1901090055), will “focus on key steps to maintain U.S. global leadership in next-generation communications technology, spectrum needs to accelerate deployment, and new applications and services consumers can expect with 5G deployments,” the committee said. “The hearing will also examine current efforts to modernize infrastructure siting policies and the security of 5G networks.” There may be interest in discussing the Streamlining the Rapid Evolution and Modernization of Leading-Edge Infrastructure Necessary to Enhance Small Cell Deployment Act during the hearing, lobbyists said. The bill, filed last Congress, aims to implement a “reasonable process and timeframe guidelines” for state and local small-cell consideration (see 1806290063). It faced opposition from state and local governments (see 1810040055).
Rep. Anna Eshoo, D-Calif., is defending a letter she and other lawmakers wrote the FCC and DOJ Antitrust Division to support T-Mobile's proposed buy of Sprint amid criticism from groups opposed to the deal. House Communications Subcommittee Chairman Mike Doyle, D-Pa., said he's not concerned opinion among subcommittee Democrats may be divided on the transaction. House Communications and the House Judiciary Antitrust Subcommittee are to examine T-Mobile/Sprint during a Feb. 13 hearing (see 1901280051). Two other House Communications members joined Eshoo in signing the letter -- Reps. Billy Long, R-Mo., and Kurt Schrader, D-Ore.
FCC Commissioner Brendan Carr touted the FCC's ongoing work to speed deployment of 5G technology, at the State of the Net conference Tuesday. The FCC's first 5G auction recently concluded, but President Donald Trump's administration has faced criticism for its approach to 5G (see 1901250043). Carr cited a need to ensure online values the U.S. prioritizes, including “free speech,” “the rule of law” and “IP protections.” He said he's concerned about China's bid to influence 5G development, noting the DOJ's 13-count indictment against Huawei and Chief Financial Officer Meng Wanzhou on bank fraud, obstruction of justice and other allegations (see 1901280052).
The DOJ Antitrust Division is “working as fast as we can” on reviewing T-Mobile's proposed buy of Sprint, which will “end when it ends,” division head Makan Delrahim said Tuesday during the State of the Net conference. Rep. Bonnie Watson Coleman, D-N.J., Free Press and other groups opposed to T-Mobile/Sprint, meanwhile, briefed congressional aides. The House Communications Subcommittee and House Judiciary Antitrust Subcommittee set a Feb. 13 hearing (see 1901280051).