O'Rielly Draws Little Senate Commerce Fire, Defends Ligado Decision

FCC Commissioner Mike O’Rielly got relatively little attention from Senate Commerce Committee members during a Tuesday hearing on his renomination. What attention he did receive was largely positive, with Democrats training their fire on other nominees. President Donald Trump renominated O’Rielly in March to a term ending June 30, 2024. O’Rielly’s current term ended last June, and he can remain until the beginning of 2021. O’Rielly has a good chance of confirmation (see 2004030072).

Senate Commerce Chairman Roger Wicker, R-Miss., praised O’Rielly as “a leader on spectrum and video policy issues and has made other important contributions to the work of the commission.” Senate Communications Subcommittee Chairman John Thune, R-S.D., told O’Rielly he’s “looking forward to confirming you to another term.” Thune backed O’Rielly’s renomination last year (see 1910250039). Sen. Dan Sullivan, R-Alaska, “strongly” supported reconfirming O’Rielly.

Wicker and Senate Commerce ranking member Maria Cantwell, D-Wash., noted the ongoing dispute over the FCC’s approval of Ligado’s L-band plan. The House and Senate Armed Services committees have repeatedly voiced their ire against the FCC, including a push for language in the FY 2021 National Defense Authorization Act (see 2006110026). Wicker is eyeing an FCC oversight hearing as soon as June 24 that could include a Ligado focus (see 2006040060).

Wicker probed opposition from NTIA, DOD and the Department of Transportation, suggesting there’s a “distinction between interference and harmful interference” to GPS systems. He believes there’s a way “for people of good will on both sides” to reach a consensus on the Ligado plan, noting the importance of freeing up some federally controlled spectrum for 5G use. Wicker later told us he believes all parties should want to reach such an agreement if they are being “reasonable.”

Cantwell noted her concerns about the potential for GPS interference, suggesting FCC’s approval of Ligado puts the entire positioning system “into competition.” She previously signed a letter with 31 other senators urging the FCC to “immediately stay and reconsider” its decision (see 2005150061). Cantwell was the only Democrat to direct questions to O’Rielly and said she had additional questions for the record. Sen. John Tester, D-Mont., noted O’Reilly would “get off easy this time” because he directed his questions at other nominees.

O’Rielly defended the FCC’s approval, noting the order “provides sufficient protections at the front end, at the middle and at the end” of Ligado’s process. But “if there’s a way to resolve” concerns voiced by DOD, NTIA and others, such a deal “would be advantageous,” he said. O’Rielly noted NTIA had a “different" opinion of Ligado’s plan prior to the "dismissal" of an unnamed past administrator. Former NTIA head David Redl resigned in May 2019 (see 1905090051).

Commerce Department acting General Counsel Michael Walsh and acting Undersecretary of Transportation-Policy Joel Szabat noted their departments’ continued opposition to the Ligado plan. It's an “unacceptable risk” to the GPS system, a view NTIA has voiced on the Trump administration’s behalf in its petition to reconsider the order (see 2005210043), Walsh said: Ligado’s proposed use of the band threatens federal GPS users and other “public and private stakeholders.” DOT’s mandate is to “look out for the interests” of GPS, Szabat said.

Wicker also focused on the push by some lawmakers to speed distribution of some Rural Digital Opportunity Fund money before the FCC’s planned late October start date for the Phase I auction (see 2005280048) and the need for funding to implement the Broadband Deployment Accuracy and Technological Availability Act broadband mapping law. S-1822 funding also came up during a Senate Appropriations Financial Services Subcommittee hearing (see 2006160049).

Wicker and O’Rielly engaged in what appeared to be a colloquy in opposition to efforts to accelerate RDOF funding distribution, with Wicker questioning whether it was possible to do give the FCC’s current 2020 schedule, including requirements to seek notice and comment on implementing legislation. Wicker said he received a response from FCC Chairman Ajit Pai to a letter seeking input (see 2006020036) on the Rural Broadband Acceleration Act (HR-7022) which would require the agency award funding by Sept. 30 to some Phase I applicants. Pai indicated accelerating RDOF disbursals is “simply unworkable,” Wicker said. O’Rielly said speeding funding for some RDOF applicants would “bypass the benefits of the auction process.”

Thune focused his questions to O’Rielly on the FCC’s plan for a coming auction of spectrum on the 3.7-4.2 GHz C band, which also go attention during the Senate Appropriations Financial Services panel (see 2006160030). Thune has supported the plan. Sen. Mike Lee, R-Utah, asked O’Rielly about the agency’s spectrum plans and suggested federal spectrum users should be mindful of the need to free up more frequency for commercial use.

Sullivan was a rare commission critic during the hearing, even as he praised O’Rielly. He noted his ongoing concerns about how the FCC’s approach to the USF Rural Health Care Program affects Alaska, which led him to temporarily hold up Senate confirmation of Commissioner Brendan Carr in 2018 (see 1812200033). The FCC might be able to improve its RHCP practices “with a new chairman” to replace Ajit Pai, Sullivan said. The Pai-led commission appears to be “hell-bent on collapsing” the RHCP in Alaska, he said.