Jimm Phillips

Sen. Mike Rounds, R-S.D., got backing from Defense Secretary Lloyd Austin and Joint Chiefs of Staff Chairman Gen. Mark Milley Tuesday in his quest to delay congressional action on repurposing parts of the 3.1-3.45 GHz band for commercial use until after a DOD study of its systems on the frequency. The military officials told Rounds during an Armed Services Committee hearing that doing so before that analysis is final would jeopardize national security. Rounds has been holding up Senate leaders’ bid to pass a House-cleared renewal of the FCC’s spectrum auction authority through May 19 (HR-1108), which led to the mandate lapsing earlier this month (see 2303090074), because he’s concerned about lawmakers reaching a deal on a spectrum package that would address the lower 3 GHz band.

Commerce Department Inspector General Peggy Gustafson plans to emphasize at a Wednesday hearing that her office is “committed to oversight” of the $48 billion in broadband funding under NTIA’s administration from the Infrastructure Investment and Jobs Act. Subpanel Republicans aim for the House Commerce Oversight Subcommittee hearing to criticize what they view as excessive spending via IIJA and other measures (see 2303230077). Sen. Amy Klobuchar, D-Minn., and Senate Communications Subcommittee ranking member John Thune, R-S.D., meanwhile, led refiling of the Reforming Broadband Connectivity Act in a bid to revamp USF's funding mechanism (see 2112220072). Rep. Joe Neguse, D-Colo., led a House companion measure.

The House Commerce Committee voted 49-0 Thursday to advance the Spectrum Coordination Act (HR-1341), one of several bills lobbyists think are likely to become a part of a spectrum policy legislative package lawmakers hope to enact later this year. Congressional leaders are trying to temporarily restore the FCC’s lapsed spectrum auction authority in hopes of giving negotiators more time to reach a deal (see 2303220077). Some top military officials, meanwhile, are breaking ranks with Defense Secretary Lloyd Austin in the debate over repurposing parts of the 3.1-3.45 GHz band for commercial use, which has been a major hurdle in reaching a legislative compromise.

The House Commerce Committee unanimously advanced the Satellite and Telecommunications Streamlining Act (HR-1338), Secure Space Act (HR-675), Launch Communications Act (HR-682), Precision Agriculture Satellite Connectivity Act (HR-1339) and Advanced, Local Emergency Response Telecommunications Parity Act (HR-1353) to the chamber floor Thursday. The panel was on track to move nine other communications policy-related measures, including the Spectrum Coordination Act (HR-1341). The markup session was delayed more than an hour following an extended hearing with TikTok CEO Shou Zi Chew (see 2303230064).

The Congressional Hispanic Caucus Chair Nanette Barragan, D-Calif., and 31 other caucus members urged President Joe Biden Wednesday to nominate “a qualified Latino” to the vacant fifth FCC seat after Gigi Sohn’s recent withdrawal from consideration as nominee (see 2303070082). CHC members didn’t mention any preferred candidates, despite communications sector lobbyists’ chatter that former acting NTIA Administrator Anna Gomez, ex-Wiley, and National Hispanic Foundation for the Arts President Felix Sanchez were under consideration for an endorsement (see 2303130001). CHC member and Senate Communications Subcommittee Chairman Ben Ray Lujan, D-Calif., told us he plans to recommend some potential contenders to the White House amid thus-far unfulfilled hopes the Biden administration will pivot quickly to name a candidate to replace Sohn.

Senate leaders acknowledged they’re beginning to consider using floor time to pass the House-approved bill to renew the FCC’s spectrum auction authority through May 19 (HR-1108) in case they can’t reach a deal with Sen. Mike Rounds, R-S.D., that would pave the way for enacting the measure via unanimous consent, but they insisted such a move isn’t their preference. An accord remained elusive Wednesday, with Rounds saying he's still opposed to the May 19 extension and leaders still resistant to his alternate bid to renew the authority through Sept. 30 (S-650). That impasse led to the FCC’s mandate lapsing just under two weeks ago (see 2303090074).

Senate Commerce Committee ranking member Ted Cruz, R-Texas, and Communications Subcommittee ranking member John Thune, R-S.D., pressed the FCC Thursday for a detailed accounting of its distribution of money to four broadband programs enacted via the Infrastructure Investment and Jobs Act and COVID-19 aid measures. Senate Armed Services Committee ranking member Roger Wicker, R-Miss., and Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., meanwhile, led refiling of the Funding Affordable Internet with Reliable (Fair) Contributions Act.

FCC Commissioner Brendan Carr said Thursday he’s “not weighing in at all” in favor of either of the dueling proposals under Senate consideration for temporarily extending the FCC’s spectrum auction authority, amid the continued impasse that led to the mandate lapsing last week (see 2303100084). Senators left town for the weekend Thursday without a deal to pass a House-approved bill to extend the FCC’s authority until May 19 (HR-1108) or a rival proposal that would renew it through Sept. 30 (S-650), meaning there won’t be further action until at least next week. The Senate is expected to return Tuesday, while the House will return from more than a week-long recess Wednesday.

Senate Commerce Committee ranking member Ted Cruz, R-Texas, and Communications Subcommittee ranking member John Thune, R-S.D., pressed the FCC in a letter we obtained ahead of its planned sending Thursday morning for a detailed accounting of its distribution of money to four broadband programs enacted via the Infrastructure Investment and Jobs Act and COVID-19 aid measures. Thune in December began his own review of all federal broadband programs’ oversight of funding disbursals. Cruz has joined Thune in raising concerns about some of these programs since taking over as lead Commerce Republican in January.

Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., and the Congressional Hispanic Caucus are considering recommending either former acting NTIA Administrator Anna Gomez, ex-Wiley, or National Hispanic Foundation for the Arts President Felix Sanchez to replace Gigi Sohn as FCC nominee but haven't finalized those picks yet, communications sector lobbyists told us. Several lawmakers have been readying endorsements for the FCC vacancy amid chatter about potential contenders. Lujan and others are calling for President Joe Biden to quickly renominate Commissioner Geoffrey Starks for a new term (see 2303100050).