Jimm Phillips

The House was expected to vote as soon as Monday night on the Senate-approved version of the 5G Spectrum Authority Licensing Enforcement Act (S-2787), as expected (see 2312060073), amid hopes of salvaging at least incremental progress after months of stalled Capitol Hill talks on a broader legislative package that would renew the FCC’s general auction authority. FCC Commissioner Brendan Carr and former commission and State Department officials highlighted during a Center for Strategic and International Studies event the importance of Congress reauthorizing the spectrum auction mandate and reaching a consensus that will allow the U.S. to reclaim a top leadership role in wireless innovation.

The House will vote as soon as Monday on the Senate-passed version of the 5G Spectrum Authority Licensing Enforcement Act (S-2787), as expected, the office of Majority Leader Steve Scalise, R-La., said Friday night. The House Commerce Committee advanced identical companion HR-5677 Tuesday. HR-5677/S-2787 would give the FCC authority for 90 days to issue T-Mobile and other winning bidders the licenses they bought in the 2.5 GHz band auction last year. Spectrum policy observers view the measure as a stopgap to temporarily bring back a small part of the FCC’s lapsed auction authority after nearly nine months of stalled legislative talks on Capitol Hill related to a broader legislative package. The House will consider S-2787 under suspension of the rules, which speeds floor consideration of noncontroversial bills but requires a two-thirds majority for passage.

Backers of the 5G Spectrum Authority Licensing Enforcement Act (HR-5677/S-2787) are seeking House floor consideration next week under suspension of the rules in hopes Capitol Hill can close out 2023 with a stopgap, temporary restoration of some elements of the FCC’s lapsed spectrum auction authority after almost nine months of stalled talks on a broader bill. Meanwhile, supporters of the AM Radio for Every Vehicle Act (HR-3413/S-1669) drew attention Tuesday night to that bill when Senate Commerce Committee ranking member Ted Cruz, R-Texas, tried and failed to pass it by unanimous consent in a coordinated standoff with Sen. Rand Paul, R-Ky.

The House Commerce Committee voted 46-0 Tuesday to advance its version of the 5G Spectrum Authority Licensing Enforcement Act (HR-5677), clearing the way for floor action on the measure as a stopgap aimed at temporarily restoring parts of the FCC’s lapsed spectrum auction authority. The Senate unanimously cleared original version S-2787 in September amid some lawmakers’ push to jump-start stalled talks on broad spectrum legislation (see 2309220057). The measure would give the FCC authority for 90 days to issue T-Mobile and other winning bidders the licenses they bought in the 2.5 GHz band auction last year (see 2309140051).

Lawmakers are beginning to talk about how to pivot from the House Commerce Committee-approved Spectrum Auction Reauthorization Act (HR-3565) text as Capitol Hill continues digesting findings of DOD's study about the potential effects commercial 5G use of the 3.1-3.45 GHz band will have on incumbent military systems (see 2311290001), lawmakers and lobbyists told us. Senate Commerce Committee Chair Maria Cantwell, D-Wash., acknowledges the unpublished DOD study’s findings likely mean lawmakers must forgo authorizing an auction of lower 3 GHz spectrum as part of a near-term compromise package.

Republican condemnation of the FCC’s actions since it shifted to a Democratic majority in late September -- and Democrats’ defense of the commission’s recent record -- dominated a Thursday House Communications Subcommittee hearing on agency oversight, as expected (see 2311290001). The hearing’s slightly rancorous tone signaled a return to more overtly partisan oversight, in contrast to relatively more bipartisan discussion when FCC commissioners testified in front of the subpanel in June, while the commission was still tied 2-2 (see 2306210076).

DOD’s recent transmission to Congress of its study of the potential effects of commercial 5G use of the 3.1-3.45 GHz band on incumbent military systems likely means spectrum policy will be a larger focus during the House Communications Subcommittee’s Thursday FCC oversight hearing than earlier thought given Republican opposition to some agency actions since it gained a Democratic majority in September, lawmakers and lobbyists said in interviews. Subpanel members’ opinions about the FCC’s proceeding aimed at restoring most of its rescinded 2015 net neutrality rules and the commission’s adoption of digital discrimination rules earlier this month are still highly likely to be the central feature of the hearing (see 2311210073).

FCC Chairwoman Jessica Rosenworcel endorsed the Senate-passed 5G Spectrum Authority Licensing Enforcement Act (HR-5677/S-2787) and further congressional action to strengthen the FCC’s ability to combat illegal robocalls, according to letters to lawmakers the commission posted online Monday. S-2787 lead sponsor Sen. John Kennedy, R-La., and other backers of the measure have restarted their push for House action on the bill, which would give the FCC authority for 90 days to issue T-Mobile and other winning bidders the licenses they bought in the 2.5 GHz band auction last year (see 2309220057). Senate Communications Subcommittee leaders voiced frustration last month with DOJ’s perceived reluctance to enforce existing anti-robocall statutes (see 2310240065).

Aides to Senate Commerce Committee ranking member Ted Cruz, R-Texas, are circulating a draft alternative to the House Commerce Committee-cleared Spectrum Auction Reauthorization Act (HR-3565) that directs NTIA to identify within two years at least 1,500 MHz of spectrum for nonfederal and shared use but doesn’t propose using proceeds from sales of those frequencies to pay for other telecom priorities. The draft language we obtained was circulating last week, but there has been chatter for months about Cruz’s plans for a proposal different from HR-3565. Cruz’s opposition to HR-3565 is one of several factors that’s stalled talks on a compromise spectrum legislative package throughout 2023 (see 2308100058). Senate Commerce Chair Maria Cantwell, D-Wash., backs HR-3565.

The House Communications Subcommittee plans a Nov. 30 FCC oversight hearing that will scrutinize President Joe Biden’s “Broadband Takeover,” the Commerce Committee said Tuesday. The announcement's tone likely presages a major focus on the FCC’s pursuit of a new net neutrality rulemaking that largely mirrors the commission’s rescinded 2015 rules and a reclassification of broadband as a Communications Act Title II service (see 2310190020), lobbyists told us. Meanwhile, two senior House Commerce members -- Reps. Anna Eshoo, D-Calif., and Bill Johnson, R-Ohio -- announced they’re not seeking reelection in 2024.