House Communications Focuses on Spectrum, Tech Issues in NTIA Hearing

House Communications Subcommittee members spent much of a Tuesday NTIA oversight hearing focused on the agency's spectrum management role, as expected (see 1803050053). Lawmakers also peppered Administrator David Redl with other questions about his views on the 2016 Internet Assigned Numbers Authority, broadband mapping and public safety communications.

Questions also touched on NTIA's statutory authority that could be addressed in legislation to reauthorize the agency. House Commerce Committee Chairman Greg Walden, R-Ore., and Communications Chairman Marsha Blackburn, R-Tenn., noted in recent days vague timelines for moving forward on such a bill.

Redl highlighted NTIA's dual roles in managing federal agencies' spectrum -- protecting incumbents while making space on bands available for commercial use -- as an example of how “consensus is at the heart” of the agency's mission. He and lawmakers noted NTIA's recent move to study the 3450-3550 MHz band for wireless broadband. “While we still have a lot of work to do to determine how to protect” federal incumbents on the band, it's immediately adjacent to the Citizens Broadband Radio Service spectrum “and could help fuel our nation's leadership in 5G,” Redl said. Getting to the point where a study of the band was possible required a “ton of work,” which reflects the reality that it's rare for a federal band not to include “multiple uses,” and thus no “one-size-fits-all” approach to reallocation issues, Redl said.

Walden focused on NTIA's proposal in the Department of Commerce's FY 2019 budget request to authorize the agency to negotiate leases with private entities that would expand their access to federal spectrum. Commerce proposed NTIA have a $33.6 million FY 2019 budget, down from the $36 million requested in FY 2018 but largely on par with funding for the year under continuing appropriations (see 1802120037 and 1802050025). Clearing federal spectrum is “still the gold standard” for making it available for commercial use, but on some bands, it “just isn't an option,” Redl said. The addition of leasing authority would mean NTIA can have “additional tools” to accomplish its mission.

Rechartering

Walden told us before the hearing that NTIA reauthorization “is coming,” but it's unclear when House Commerce will be ready to mark up a bill. “We've got a lot on our schedule” and the committee had to wait until after Redl's November confirmation “to begin” working on the legislation in earnest, he said.

“We're working on it,” Blackburn told reporters after the hearing: “We'll get to it this spring,” beginning at the House Communications level. Rep. Adam Kinzinger, R-Ill., whom Blackburn tasked last year with leading work on an NTIA reauthorization bill (see 1705300067), sought input from Redl on the agency's authorities.

Redl faced questions from Blackburn and House Communications ranking member Mike Doyle, D-Pa., about his IANA transition stance given related promises to Sens. Ted Cruz, R-Texas, and Mike Lee, R-Utah, during his confirmation process last year. Redl said he would convene a “panel of experts to investigate options” for reversing the handoff (see 1801240048). House Commerce ranking member Frank Pallone, D-N.J., said Cruz's ongoing push to reverse the transition is “playing right into Russia's hands in their efforts” to undermine the U.S. government's credibility and the “integrity of the internet.”

Redl clarified that his “personal opinion” remains that the switchover “is complete” and likely irreversible, but “I committed” to Cruz and Lee to seek further feedback to “formulate an opinion” for President Donald Trump's administration on the issue. That feedback process has no predetermined outcome, Redl said. “We haven't really gotten out there [yet] to get the feedback we need if we're going to look at this going forward,” Redl told us after the hearing: “We're in the process of working through that” with Secretary of Commerce Wilbur Ross and “trying to figure out for the administration what makes the most sense in terms of outreach and what information we need to go forward.”

Redl told us he is “really focused” on representing U.S. interests as a member of ICANN's Government Advisory Committee, including at its upcoming meeting in San Juan, Puerto Rico. He noted concerns that House Digital Commerce Subcommittee Chairman Bob Latta, R-Ohio, raised about designation of the .cpa top-level domain, “ongoing concerns” about the .amazon TLD and other issues. Redl separately said during the hearing that NTIA and the State Department are finalizing the U.S. government's strategy for the Oct. 29-Nov. 16 ITU Plenipotentiary Conference in Dubai.

Cybersecurity

Issues affecting the FCC came up, too.

Rep. Jerry McNerney, D-Calif., told Redl he’s concerned about FCC “reluctance” to embrace cybersecurity as an issue, saying when government experts are asked to stand down, “we’re asking for trouble.” He asked Redl to commit to protecting American networks. “Absolutely, and we’re continuing to do that now,” Redl said, noting the agency expects to deliver its botnet report to the president in May (see 1801110006). McNerney, author of the Securing IoT Act (HR-1324), asked what meaningful events the U.S. can expect to see in IoT security. “Stay tuned. We’re in the process of working that out,” Redl said, saying it’s difficult to predict what will arise through stakeholder processes.

Pallone noted how the Trump administration pointed out “how vulnerable our wireless networks will be if the government does not do more to protect them.” He said NTIA is responsible not only for protecting networks but also finding better ways to protect privacy, particularly because “congressional Republicans ripped away our online privacy."

This month, Rep. Yvette Clarke, D-N.Y., will join Rep. Darrell Issa, R-Calif., in launching the Congressional Smart Cities Caucus, which they will chair together to bring American communities “into the 21st century.” It will focus on issues making cities more sustainable, resilient, efficient, livable and competitive, Clarke said. If broadband is necessary to make government smarter, she asked Redl why communities need to take advantage of technological advances in serving their constituents. Redl said his entire career has been spent taking advantage of technological advancement, and there have been major gains, whether in smart cities or rural areas, low-income or wealthy areas. He's committed to making it a priority to see the growth and resilience of smart cities. Clarke then asked what NTIA has planned for multistakeholder processes to address internet policy. “We’re continuing to flesh out how we’re going to approach these issues as we work our way through the interagency process” because most internet issues involve coordination across the federal government, Redl said.

Doyle commended NTIA for its “good work” in bringing stakeholders together to address these issues. He asked Redl if he plans to continue that effort, and if so, on which topics. Redl said his agency is determining how best to engage the private sector on all topics but, as stated in his opening remarks, NTIA’s value-add is private sector engagement. “I plan to continue finding as many ways as possible to get the private sector on board with government priorities and have them be done in a way that drives consensus,” Redl said.