House Communications Republicans Urge Caution on Network Resiliency Bills

House Commerce Committee ranking member Greg Walden of Oregon and some other Communications Subcommittee Republicans appeared hesitant during a Thursday hearing to support swift advancement of the Reinforcing and Evaluating Service Integrity, Local Infrastructure and Emergency Notification for Today’s (Resilient) Networks Act (HR-5926) or other resiliency bills. There was more widespread support by lawmakers and witnesses for the Fee Integrity and Responsibilities and To Regain Essential Spectrum for Public-safety Operators Needed to Deploy Equipment Reliably (First Responders) Act (HR-5928) and other measures.

“We haven’t scheduled” a markup session on any of the bills examined Thursday, or media diversity measures House Communications looked at in January (see 2001150074), subcommittee Chairman Mike Doyle, D-Pa., told reporters. “We’ve got a lot of bills that members want to see moved” but wanted to get through the hearings process before proceeding. House Communications is believed to be eyeing a March 10 markup (see 2002260063). Walden signaled earlier this week he would support moving the Expanding Broadcast Ownership Opportunities Act (HR-3957), which would restore the minority tax certificate program (see 2002240048).

HR-5926 “picks up where the [Securing Access to Networks in Disasters (Sandy) Act] left off" and will ensure that communications networks are prepared for the worst when disaster strikes,” said bill sponsor House Commerce Chairman Frank Pallone, D-N.J. The text of the Sandy Act was included in the 2018 Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum statute (see 1812100050). HR-5926 would require the FCC do rulemakings on improving coordination among communications providers and with public safety answering points during emergencies.

Doyle said he hopes House Communications members “come together and find common ground” on HR-5926 and other public safety bills. Two other bills the subcommittee examined also deal with network resiliency: the Wireless Infrastructure Resiliency during Emergencies and Disasters Act (HR-3836) and Emergency Reporting Act (HR-5918). HR-3836 would authorize states to require wireless companies to deploy infrastructure that can withstand natural disasters. HR-5918 would direct the FCC to issue reports and do field hearings after activating the disaster information reporting system (DIRS).

House Commerce Vice Chair Yvette Clarke, D-N.Y., criticized President Donald Trump and his administration for their treatment of Puerto Rico in the aftermath of 2017 Hurricane Maria and suggested the FCC could “do more” to address communications infrastructure damage there. Free Press Action Senior Director-Strategy and Engagement Joseph Torres endorsed HR-5926 because it would require an audit of the FCC’s response to damage from 2017 hurricanes (see 1710030057).

Rep. Anna Eshoo, D-Calif., praised all the bills on the docket, saying they're “going to make a real difference” in public safety communications. The other measures discussed were: the Don’t Break Up the T-Band Act (HR-451/S-2748), Preserving Home and Office Numbers in Emergencies Act (HR-1289), National Suicide Hotline Designation Act (HR-4194) and Reliable Emergency Alert Distribution Improvement (READI) Act (HR-4856).

HR-5926 “attempts to address concerns related to making sure wireless networks are restored in a timely and efficient manner during times of emergency, but this bill has not seen the thorough examination necessary for such an important topic,” Walden said Thursday. He noted Pallone sought a GAO probe of DIRS and communications issues after Hurricane Maria affected Puerto Rico and the U.S. Virgin Islands in 2017. “We have not yet seen the results from that study, which may inform how Congress could address the issues contemplated” in HR-5926, Walden said.

Any resiliency legislation Congress enacts shouldn’t “expand the Federal Communications Commission’s jurisdiction to include the electric distribution or transmission system, where they have no relevant expertise,” Walden said. Legislation should factor in the voluntary Wireless Resiliency Cooperative Framework (see 2002270046), which “must remain flexible, so we can allow best practices and lessons learned to evolve without creating unnecessary barriers to restoration.” State-level entities “are also at the forefront of a lot of this work” and “have jurisdiction over electric distribution,” he said. “We must be mindful of how they are addressing this issue so we do not disrupt those efforts with heavy federal regulations.”

House Communications ranking member Bob Latta, R-Ohio, said the resiliency measures “have good intentions,” but “we must ensure that these bills receive proper attention” and are moved through regular order. He cited concerns about HR-1289, which would restrict reassignment of phone numbers during a declared natural disaster except at a subscriber’s request. “I believe we can all agree that consumers shouldn’t lose their phone number after their home is destroyed from a fire or a hurricane,” he said. “But whatever remedy we use to protect consumers must be manageable for companies that provide voice service to tens of millions of consumers. Without taking that into account, we could cause more confusion for Americans already reeling from disasters.”

CTIA Vice President-Regulatory Affairs Matthew Gerst raised concerns about HR-5926 and repeatedly touted the group's newly-announced collaboration with the Edison Electric Institute on a cross-sector resiliency forum (see 2002270046) as an example of private sector-led work. The forum is aimed at improving coordination between the wireless and electric power sectors.

Democrats and Republicans were more uniformly supportive of other bills, particularly HR-4194, HR-4856 and HR-5928. HR-4194 would designate 988 the suicide prevention hotline number and give the FCC a one-year deadline to finish the nationwide upgrade of the legacy switches to support it (see 1908200070). HR-4856 would eliminate the option for people to opt out of receiving certain federal alerts on cellphones and require active White House and Federal Emergency Management Agency alerts be repeated. HR-5928 would repeal a provision of the 2012 spectrum law that mandates public safety move off the 470-512 MHz T band and address 911 fee diversion (see 2002180065).

Lead HR-451 sponsor Rep. Eliot Engel, D-N.Y., noted the similarities between T-band mandate repeal language in his bill and HR-5928. He said he plans to work with Walden to "harmonize" the two measures' approach to the issue.