Commerce Committees' 2019 Priorities Include Spectrum, STELA, PLI Hears

The House and Senate Commerce committees are likely to make the Satellite Television Extension and Localism Act reauthorization debate and further work on spectrum and broadband-centric legislation some of their top 2019 priorities, said telecom aides during a Thursday Practising Law Institute event. Aides also cited interest in continuing to talk about net neutrality policy next Congress. Lawmakers and communications lobbyists we recently interviewed were skeptical of progress on a net neutrality compromise given the upcoming shift to split partisan control of Congress (see 1811290042). FCC Commissioners Mike O'Rielly and Jessica Rosenworcel meanwhile told PLI the commission shouldn't be cautious in pursuing policies to keep the U.S. competitive (see 1812060056).

Spectrum policy is the likeliest area of bipartisan telecom interest for House and Senate Commerce, particularly as the committees reassess what they can do to improve spectrum availability and reallocation, aides from both parties said. House Communications Chief GOP Telecom Counsel Robin Colwell and Senate Commerce Chief Democratic Telecom Counsel John Branscome cited the committees' successful passage of the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum statute language included in the FY 2018 federal spending law (see 1803230038). Capitol Hill took “a lot of steps” forward on spectrum via the Ray Baum's Act, Branscome said.

The Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum (Airwaves) Act (HR-4953/S-1682) hasn't been able to advance in this Congress. House Commerce Chief Democratic Telecom Counsel Alex Hoehn-Saric said he already wants “to talk with” committee members “and see how they want to update” the legislation for potential reintroduction in the next session. The bill aims to identify spectrum for unlicensed use and free up mid-band spectrum for wireless industry purchase via a future FCC auction (see 1802070054).

The “good news” is that the FCC has “moved forward on a number” of actions proposed in HR-4953/S-1682 since the bill's introduction, so lawmakers will need to revisit what should be in it next year, Hoehn-Saric said. The FCC is “heading in the right direction” on items included in the legislation, Colwell said. “It's been a very popular idea.”

Hoehn-Saric and Senate Commerce GOP Telecom Counsel Dan Ball noted an interest in the 3.5 GHz citizens broadband radio service band and other mid-band spectrum issues for 2019. It's “absolutely front and center,” Ball said. There's “widespread agreement that is going to be a key part” of ensuring the U.S. plays a top leadership role in 5G development in the coming years. “Some technical issues” with the CBRS band “need to be resolved,” Hoehn-Saric said.

Sens. Mike Lee, R-Utah, and Ed Markey, D-Mass., touted support Thursday from commissioners and industry interests for their Government Spectrum Valuation Act (S-3617). The bill would require the FCC, NTIA and Office of Management and Budget to jointly determine the value of each federal agency's assigned spectrum (see 1811140057). S-3617 would help the FCC as it continues “to work closely with [NTIA] and the federal agencies to ensure that commercial and federal users have access to spectrum to develop high-tech services that will drive this country’s economy and promote our security,” FCC Chairman Ajit Pai said.

Hoehn-Saric and Branscome emphasized Democrats' view infrastructure legislation needs to include dedicated broadband funding to get their support. The regulatory streamlining proposals that were a main component of broadband legislation this session are “not enough” to effectively encourage deployments, Branscome said. Amid the current emphasis on improving connectivity in rural areas, lawmakers “can't forget” some urban areas lack access to broadband, Hoehn-Saric said.

The Democratic aides agreed with Colwell and Ball about the need for Congress to push the FCC to improve broadband coverage data collection practices. The issue cropped up repeatedly this year in hearings Senate Communications Subcommittee Chairman Roger Wicker, R-Miss., is leading a bid to attach an amendment to end-of-year FY 2019 federal spending legislation that would force the FCC to revisit its Mobility Fund phase II broadband-service coverage data (see 1812050049). It's “important to make sure these resources are being used as efficiently as possible,” Colwell said. Branscome expects the conversation about the FCC's role on broadband data to continue.

House and Senate Commerce are in the early stages their work on STELA recertification, all four aides said. Media interests have begun publicly advocating their positions in a bid to define the contours of the looming reauthorization debate. “There hasn't been a lot of focus on the issue,” Hoehn-Saric said. “Normally, these discussions occur in the actual year” that reauthorization needs to happen, Branscome said.

House Commerce Chairman Greg Walden, R-Ore., said the “first step in the process is to really examine whether [STELA] needs to be reauthorized at all,” with House Communications' September media market hearing (see 1809270062) helping shape discussion, Colwell said. The recertification debate inevitably “becomes a discussion about broader video policy issues,” Branscome said. Given the FCC's recent media ownership actions, some Senate Commerce members likely will be interested in bringing those issues into the conversation, he said.

Prospects for net neutrality agreement might improve next session once the Congressional Review Act resolution to undo FCC rescission of 2015 rules no longer is “in play,” said Colwell. If the CRA measure was enacted, “we would be done” with the net neutrality debate, Hoehn-Saric.