House Passes Spoofing, Spectrum Inventory Bills

The House passed caller ID spoofing and spectrum inventory legislation, in votes under suspension of the rules Wednesday. It also passed a tax reform bill (HR-3994) that would remove a requirement that companies and employees keep track of personal calls on employer-supplied cellphones. All the bills had bipartisan support, but the inventory bill faced a roadblock on its first presentation when a single representative objected, forcing a recorded vote later in the afternoon. A suspension vote prevents amendments and requires a two-thirds majority.

Also Wednesday, the Senate tried to pass by unanimous consent similar inventory legislation by Communications Chairman John Kerry, D-Mass., said Hill and industry officials. But the result of the “hotline” attempt wasn’t clear at our deadline.

The House inventory bill passed by a 394-18 vote, with 18 non-votes. The 18 no votes were all cast by Republicans. The bill (HR-3125) directs the FCC and the NTIA to do an inventory of spectrum between 225 MHz and 3.7 GHz unless the NTIA and FCC opt to go up to 10 GHz. Before votes, the inventory bill was amended to increase the frequency of reallocation reports. The amended bill would require the agencies to produce within two years, and every two years thereafter, a report including a recommendation on which spectrum, if any, should be reallocated or otherwise made available for shared access. The previous version of the bill required that report every four years.

The “timely, bipartisan” bill will “inject transparency” into how the government and private sector use spectrum, said House Commerce Chairman Henry Waxman, D-Calif., who sponsored the bill. The final bill includes strong national security protections developed in consultation with public safety, he said. The inventory will help Congress address the “looming spectrum crisis,” said Communications Subcommittee Ranking Member Cliff Stearns, R-Fla. Current license holders shouldn’t “fear this process,” which will be “open and transparent,” Stearns said. “This is the beginning, not the end.”

Although largely backing the inventory, Republicans had concerns. Rep. Joe Pitts, R-Penn., said Congress must be vigilant as the inventory is conducted to ensure no harm comes to the armed forces, which rely on spectrum. Later, Rep. Marsha Blackburn, R-Tenn., said she doesn’t want the FCC to require broadcasters to give up spectrum, and asked Communications Subcommittee Chairman Rick Boucher, D-Va., if he agreed. Boucher replied that the FCC should allow broadcasters to give up spectrum on a “purely consensual basis,” and would not support the FCC taking it by mandate. Blackburn also asked if the inventory should inform any actions on wireless the FCC takes on the National Broadband Plan, and Boucher agreed it should.

Rep. Paul Broun, R-Ga. forced the House to postpone consideration of the inventory bill until the afternoon because he didn’t think spectrum should be Congress’s priority. Congress should be asking “where are the jobs,” not where’s the spectrum, he said.

The House also passed Thursday a bipartisan bill (HR-1258) by Rep. Eliot Engel, D-N.Y., that would ban spoofing of caller ID information if the action was meant to defraud or deceive. Engel and Boucher emphasized that the legislation would allow legitimate activities, so for example it won’t penalize domestic abuse shelters from changing their outgoing caller ID. Stearns said he hoped Wednesday’s vote would be the “third and last time” the House would have to vote on the bill. Engel said his bill was “about as bipartisan a piece of legislation as you can get,” and hoped the Senate would be receptive.

CTIA lauded the inventory bill’s passage. “Enactment of a comprehensive inventory bill will be an important step towards ensuring our industry has sufficient spectrum to meet consumers’ increasing demands for mobile Internet access,” said President Steve Largent. Mobile Future Chairman Jonathan Spalter agreed: “The passage of this bill helps pave the way to make more spectrum available quickly and responsibly to keep pace with consumer demand and enable the next wave of mobile innovation and economic opportunities.”