GOP Infrastructure, FCC Nominations Criticisms Hit House Hearing

House Communications Subcommittee Republicans used a Wednesday hearing ostensibly aimed at highlighting bipartisan cooperation on a dozen communications bills to criticize subpanel Democrats’ legislative and oversight process. Democrats appeared interested in moving at least some of the dozen bills before year's end, including the Spectrum Innovation Act (HR-5378). Republicans’ targets for criticism, as expected (see 2110050072), included the Senate-passed Infrastructure Investment and Jobs Act (HR-3684) and a pending reconciliation package, both in legislative limbo.

The House Commerce Committee and the Communications Subcommittee have “been absent” from weighing in on HR-3684, which includes $65 billion for broadband, said subpanel ranking member Bob Latta, Ohio. “We have held no hearings to examine the communications provisions” included in that measure or “markups to consider improvements.” He and other Republicans emphasized the importance of ensuring improved broadband coverage data mapping practices before expending additional connectivity money via HR-3684 and other measures. The hearing in part examined the Data Mapping to Save Moms’ Lives Act (HR-1218).

Latta criticized Democratic leaders for seeking a “last-minute legislative hearing” to cover HR-5378 and the other 11 bills. Commerce leaders also failed to hear “directly” from the FCC and NTIA about HR-3684’s proposed funding, which is concerning since both agencies “stand to receive tens of billions of dollars,” he said. Rep. Billy Long, R-Mo., accused Democrats of using the hearing to claim they went through “due process” on the measures before trying to “shove them” into end-of-year spending legislation.

Rep. Richard Hudson, R-N.C., spoke on behalf of Commerce ranking member Cathy McMorris Rodgers of Washington in also criticizing the lack of a committee FCC oversight this Congress (see 2106300077). Hudson blasted President Joe Biden for not naming a permanent FCC chair or NTIA administrator, the “two most important” federal broadband positions. “This is the longest it’s taken any president” in U.S. history to nominate an FCC chair, Hudson said. Democrats have been increasingly critical of Biden’s delayed FCC and NTIA nominations process (see 2109220049).

Republican former FCC Commissioner Mike O’Rielly said during a 6GWorld virtual event he doesn’t “understand the hesitancy” within the Biden administration to quickly name acting FCC Chairwoman Jessica Rosenworcel as permanent head. There's "no greater progressive mindset and liberal activist” than Rosenworcel, O’Rielly said: “I’d love for this administration to pick some newbie that hasn’t been involved in these issues,” but Rosenworcel “actually knows the substance and actually can carry forward and make the agency work” to address liberal policy priorities. “I just don’t understand why someone so capable” hasn’t already gotten the nod, he said.

Bipartisanship?

Commerce Chairman Frank Pallone, D-N.J., and Communications Chairman Mike Doyle, D-Pa., emphasized their desire for bipartisanship on the dozen bills, noting Democrats and Republicans each sponsored six. The committee is aiming to continue the “bipartisan tradition that recognizes no single party has a monopoly on good ideas,” Doyle said.

Doyle and Pallone cited HR-5378, which would authorize an FCC auction of at least 200 MHz on the 3.1-3.45 GHz band. The measure would “provide flexibility” to the FCC in balancing the spectrum needs of band incumbents and the wireless industry, Doyle said. The hearing also examined the Spectrum Coordination Act (HR-2501), which would require the FCC and NTIA to update their memorandum of understanding for handling frequency allocations. Rep. Brett Guthrie, R-Ky., used the hearing to highlight his Tuesday filing of the Simplifying Management, Reallocation and Transfer of Spectrum Act, which would require NTIA to develop and implement a standardized framework for facilitating spectrum sharing between federal and nonfederal users.

Latta praised HR-5378 for taking “meaningful steps to improve” the 3.1-3.45 GHz auction but criticized the leaders for not seeking GOP input before the bill’s language was “stuffed” into the committee’s portion of the Build Back Better Act reconciliation proposal. Doyle later filed HR-5378 after House leaders decided to jettison the auction language during reconciliation talks. Competitive Carriers Association Senior Vice President-Legislative Affairs Tim Donovan and United Church of Christ Policy Adviser Cheryl Leanza endorsed the measure.

Pallone, Rep. Kathleen Rice, D-N.Y., and others highlighted Rice’s Preventing Disruptions to USF Act (HR-5400), which would extend USF’s exemption from Antideficiency Act requirements barring federal spending ahead of federal appropriations through 2024. “Without this extension,” Lifeline and other USF “programs may be at risk,” Pallone said. Donovan and others noted Congress has repeatedly extended USF’s exemption from the law since 2004 and should do it again now.

Democrats and Republicans clashed over the Section 331 Obligation Clarification Act (HR-4208), which would amend that part of the Communications Act to allow the FCC to reallocate a UHF or VHF station to a state lacking such broadcasters and require that station to “broadcast local news, consult with local leaders, and make it easier for the public to participate in the license renewal process.” The measure will “address the lack of local television programming for New Jersey residents,” Pallone said. It appears aimed in part at forcing Fox to ensure more of the local programming on WWOR-TV Secaucus, New Jersey, focuses on that state rather than the larger New York City area.

HR-4208 appears to be “another attempt by Democrats to disregard the First Amendment, this time telling broadcast stations what type of news programming to distribute,” Latta said. Long said he wasn’t surprised the measure is aimed at a Fox station, and that it's another Democratic-led effort to “counter news programming they simply don't like.” Other bills that drew focus included the Martha Wright Prison Phone Justice Act (HR-2489) and four measures that aim to address barriers in federal communications siting review processes: the Federal Broadband Deployment in Unserved Areas Act (HR-1046), Expediting Federal Broadband Deployment Reviews Act (HR-1049), Wireless Resiliency and Flexible investment Act (HR-1058) and Broadband Incentives for Communities Act (HR-5058).