Lawmakers Tell Incompas Infrastructure Proposal Needs Room for Broadband

Lawmakers joined Incompas Wednesday to press for further action on spectrum and broadband deployment, speaking at the association’s Washington meeting. “I’ve encouraged President [Donald] Trump to include telecommunications in any infrastructure package,” said Sen. Cory Gardner, R-Colo., a Commerce Committee member, in one among many references to such a possibility. The conference also heard from executives (see 1702150052).

“I do not believe we're going to have an infrastructure bill, to tell you the truth,” countered Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, in a later session. He cautioned against stakeholders trying to hitch a ride on the proposal when it’s no more than a “twinkle in someone’s eye.” He foresees the same “structural problems” that former President Barack Obama faced in putting together his stimulus package, involving a bill’s prescriptions and pay-for mechanisms. Schatz sees as “more realistic” the possibility of Senate Commerce leaders putting together legislation tailored to tech needs.

“We’ve got a lot of work to do,” Gardner said. He touted Senate Commerce’s efforts last month to clear the reintroduced Mobile Now bill on spectrum and broadband deployment. He cited his amendment with Sen. Amy Klobuchar, D-Minn., on the encouragement of dig once policies. Gardner noted many statistics and anecdotes about technological change and increased mobile data usage, which he said is driven by use of video. “That means more commercial spectrum available and more efficient use of what we have,” said Gardner, saying he expressed his goals when visiting with commerce secretary nominee Wilbur Ross. “Agencies should be required to analyze the spectrum holdings that they have,” Gardner said.

Rep. Adam Kinzinger, R-Ill., said a major infrastructure package must include broadband and could involve proposals such as dig once. “What do we have to do to make these funds more effective?” he asked of federal spending. One idea is to “broaden the base” of who pays into it, with a “larger burden share,” Kinzinger said. “I would not be opposed to saying we need to go above and beyond.”

The market “will only continue to improve if we can open the highway in the sky,” said Rep. Brett Guthrie, R-Ky., who co-chairs the Congressional Spectrum Caucus. “We have to create more spectrum.” He criticized the “antiquated” way the Congressional Budget Office values spectrum proposals and said he wants to focus again on freeing up federally held spectrum and the need for incentives to do so, as past legislation sought to create. He mentioned meeting with then-NTIA Administrator Larry Strickling, saying the process “just takes forever,” and mentioning the difficulty of compelling federal action. It’s “difficult to get the agencies to do it” if not driven by White House, Guthrie said.

Schatz urged a focus on pragmatic matters of middle ground, which he said he believes Congress can still focus on despite big-ticket partisan fights dominating the chambers. He said net neutrality is one key issue and he advised FCC Chairman Ajit Pai to tread slowly and carefully in addressing that order. Schatz said he would back net neutrality policy enshrined in statute but plans to be “tough as anyone” to ensure that. He dubbed as “sort of weak sauce” lawmakers summoning commissioners to complain about an issue that Congress could handle in legislation. Schatz urged Pai and Commissioner Mike O’Rielly to seek 5-0 votes and said he hopes former Commissioner Jessica Rosenworcel resumes her “rightful” place on the commission. He disputed a 2015 draft net neutrality bill from Senate Commerce Committee Chairman John Thune, R-S.D., as a ruse that would have “eviscerated” FCC authority. It would have codified open internet rules while preventing Communications Act Title II reclassification of broadband and use of Telecom Act Section 706. Thune urged a return to bipartisan negotiation in January (see 1702030044), and if any lawmakers can forge a compromise, Schatz said he believes Thune and Commerce Committee ranking member Bill Nelson, D-Fla., can do it.

“Look, I always think legislating is better, but so far there’s not a real proposal to protect net neutrality,” Schatz said in an interview Wednesday. “There are lots of proposals to use legislation to undermine the authorities that the FCC has, and I will never support that.” He has urged legislating on this topic for more than a year, including with a sense of urgency in November. “There may be an opening, but it’s getting smaller and smaller,” Schatz said.

Incompas plans Hill meetings Thursday. Incompas CEO Chip Pickering frequently was on stage Wednesday interviewing lawmakers and repeatedly dwelled on the idea of broadband factoring into any forthcoming infrastructure proposal and the advent of 5G. “How do we have in the infrastructure bill a broadband component?” Pickering said, noting the possible use of tax incentives and provisions on siting and dig once.