Pai Circulates T-Band NPRM, Repeats Call for Congress to Repeal Mandate

FCC Chairman Ajit Pai is circulating an NPRM to “take the next statutorily required step to implement” the 2012 spectrum law's mandate for public safety to move off the 470-512 MHz T band by 2021. Pai on Friday also repeated his call for Congress to repeal the rule. Sen. Ed Markey, D-Mass., again urged Congress to undo the T-band mandate. The House was expected Friday night to have voted on the Health and Economic Recovery Omnibus Emergency Solutions (Heroes) Act (HR-6800), which includes language from the Don’t Break Up the T-Band Act (HR-451) to undo the statute (see 2005130059).

“An FCC auction of the T-band is a bad idea,” Pai said. “But as of today, the law mandates that we do it. It’s unfortunate that Commission resources must be dedicated to laying the groundwork for an auction that will likely fail. This is especially true at a time when we are making every effort to keep Americans safe and connected, including allowing expanded temporary use of this very spectrum to help first responders.” Pai asked Congress in December to repeal the T-band requirement (see 1912020063). The NPRM wasn’t available and the agency declined to provide it.

“There is bipartisan legislation in Congress to repeal this mandate, including bills that couple repeal with 911 fee diversion reform,” Pai said. “I hope legislation passes soon so first responders who rely on this spectrum no longer need to worry about a potential loss of or significant disruption to their mission-critical radio systems. I remain committed to helping Congress in any way I can.” The House Communications Subcommittee advanced a version of HR-451 in March that also included language on state-level 911 fee diversion (see 2003100067). House Democrats proposed passing that iteration of HR-451 as part of a previous round of COVID-19 legislation (see 2003230066).

The T-band NPRM “makes clear” that “first responders across the country are at risk of losing a critical communications tool that they rely on to keep Americans safe and healthy every day,” said Markey, who led S-2748, HR-451’s Senate companion. “It defies logic that during a massive public health crisis, Congress would saddle first responders with billions in bills to move spectrum bands, and we’re running out of time to solve this problem." Congress needs to "preserve" public safety's "access to T-Band in the next recovery legislation," he said.

The International Association of Fire Fighters urged the Senate to “follow suit” in passing HR-6800 if the House advances it, citing the T-band mandate repeal language. The NPRM “highlights the need for Congress to act immediately to stop this auction,” the IAFF said in a statement. Despite Pai’s “support for keeping the T-band for emergency personnel only, until Congress takes action he is required to initiate this process.” Public safety entities have “invested billions of dollars to build interoperable" voice communications systems and would have to spend a similar amount to "replace" it if they have to abandon the T band, the group said.

House Speaker Nancy Pelosi of California and other Democratic leaders were locking down support from their caucus ahead of the Friday vote on HR-6800, which also includes emergency broadband funding and language to make broadcasters and other local outlets eligible for the Paycheck Protection Program. “We have the responsibility and the opportunity to ‘Think Big’ and act now For The People,” Pelosi wrote colleagues. Several House Democrats on both ends of the caucus’ political spectrum said they wouldn’t vote for HR-6800, including Reps. Pramila Jayapal of Washington and Abigail Spanberger of Virginia. Senate Majority Leader Mitch McConnell, R-Ky., opposes the measure (see 2005140062), as did several top House GOP leaders.

House Commerce Committee Chairman Frank Pallone, D-N.J., urged "strong, bipartisan support" Friday for HR-6800, saying it's "a bold next step in our process of protecting the American people" and recovering from the pandemic. He didn't invoke the T-band language in a floor speech, saying the measure "helps families stay connected and ensures that they do not lose critical utility service." It would bar "telephone and broadband service providers from stopping service and provide bill assistance to low-income families and those who have lost their jobs," Pallone said. Committee ranking member Greg Walden, R-Ore. said HR-6800 includes "policies that amount to federal government takeovers of entire sectors of our economy." It's "deeply troubling to me that during the worst pandemic in modern history and amidst a deep economic crisis, Democrats in the House continue to take the partisan path" via the measure, he said.