House FCC Hearing Eyes Broadband Mapping, Spectrum Reauth Priorities

House Communications Subcommittee members largely but not completely avoided using a Thursday FCC oversight hearing to make partisan points, amid the commission’s focus on bipartisan issues during the ongoing 2-2 split, as expected (see 2203300001). Lawmakers instead focused on questions about the FCC’s work to produce improved broadband connectivity data maps, its handling of the affordable connectivity program and Emergency Connectivity Fund programs, and how commissioners believe Congress should structure a renewal of the commission’s spectrum auction authority.

Democratic FCC nominee Gigi Sohn’s ongoing confirmation process got only limited attention during the hearing. House Commerce Committee Chairman Frank Pallone of New Jersey and other Democrats voiced hopes the Senate will soon confirm Sohn, who will require unified Democratic support for that chamber to advance her through a succession of three votes, beginning with one to discharge the nominee from the Senate Commerce Committee’s jurisdiction. A discharge vote may happen next week, but uncertainties about the timing remain because of the push for Senate confirmation of Supreme Court nominee Ketanji Brown Jackson and other priorities leaders want to address before the chamber adjourns for a two-week recess (see 2203300069).

The Senate should confirm Sohn “quickly, so the agency can reverse some of the harmful actions” during Ajit Pai’s chairmanship, Pallone said. “Notably, it is past time that the FCC assume its place as the agency with expertise to oversee broadband service providers and with authority to adopt rules to protect consumers who rely on broadband service now more than ever.” Sohn’s “knowledge of communications policy and dedication to consumer protection are exemplary,” said House Communications Chairman Mike Doyle, D-Pa.: “The FCC and the American public will be well served” if she’s confirmed.

Republicans largely avoided mentioning Sohn, though House Commerce ranking member Cathy McMorris Rodgers of Washington cited Sohn’s testimony during a February Senate Commerce Committee confirmation hearing (see 2202090070) that she didn’t support rate regulation. “I support consumer protection but don't believe” rate regulation “is the place we should go in order to manage the broadband industry on a going forward basis,” Rosenworcel said. The other commissioners said they also oppose it.

House Communications ranking member Bob Latta, R-Ohio, echoed other lawmakers in praising the 2-2 FCC for continuing “the work of the previous administration by increasing transparency and has already accomplished bipartisan work. I hope to see this bipartisanship continue if and when the Commission gets its fifth commissioner.”

'Better' Broadband?

The FCC will “absolutely” have improved broadband coverage data maps “in the fall," Rosenworcel told Latta and other lawmakers. House Communications members pressed Rosenworcel to explain what the FCC is doing to end delays of its work to fix the maps, since some of the $65 billion in broadband money from the Infrastructure Investment and Jobs Act won’t be released until the revisions are ready. Latta pressed Rosenworcel to “commit to getting these maps done before the end of the year,” noting Congress allocated $65 million in the FY 2021 appropriations and COVID-19 aid package for the FCC to implement the Broadband Deployment Accuracy and Technological Availability Act (see 2012210055).

“The bottom line is that we’ve got to do better” than the problematic maps that led to problems with the FCC’s distribution of money from the Rural Digital Opportunity Fund Phase I auction, Rosenworcel said. “My goal is to build the kind of maps that are not just good for the moment we’re in but provide a framework and a structure that people can use five to 10 years from now.” Doyle and some other lawmakers said they hope the GAO’s partial dismissal of LightBox's bid protest of the FCC's contract with CostQuest to build a broadband serviceable location fabric for the new maps (see 2203110040) means the FCC will be able to move forward more quickly. “Now it’s all systems go,” with a Sept. 1 deadline for carriers to submit coverage data to the FCC, Rosenworcel said.

There was at least some partisan divide in the tenor of Democratic and Republican comments about the ACP and ECF broadband programs. Doyle, Rep. Yvette Clarke of New York and other Democrats focused on what they consider gaps in the FCC’s public awareness campaign about the programs. There have been “enormous strides” in public adoption of ACF given almost 11 million households are now participating, but “we need to do more to get the word out” about that program and others, Doyle said.

Rep. Robin Kelly, D-Ill., later pressed Rosenworcel on how the FCC can better connect with “hard-to-reach communities to ensure they are aware” of the broadband programs. Rosenworcel noted an FCC proceeding (docket 21-450) underway to determine “how to spend” outreach funding from IIJA “with local institutions to make sure that they have the resources they need to amplify this program and reach people where they are” (see 2203170048).

Rodgers and other Republicans emphasized concerns about potential waste, fraud and abuse of the broadband funding. “At a time when many people lost their jobs and were stuck at home these bipartisan programs provided necessary relief to make sure they could stay connected during the pandemic,” Rodgers said. “Now, we must make sure that these funds are not subject to waste, fraud, and abuse and get Americans back to work and off of these temporary, COVID-era government subsidy programs.”

It's "critical that the FCC is transparent and responsive to this committee in a timely manner,” Latta said. “The amount of money appropriated is ripe for waste, fraud, and abuse. Our diligent oversight is absolutely essential to ensure that does not happen. We have already seen the FCC’s Office of Inspector General publicly raise instances of fraud risk” in the emergency broadband benefit program. As ACP and other programs “are implemented, we will be following this work closely.” Rep. Buddy Carter, R-Ga., suggested a need to “tighten” eligibility for the money.

Commissioner Brendan Carr noted concerns the government isn't putting appropriate "guardrails" in place. “This is unacceptable given both the magnitude of dollars at issue and the unique opportunity these funds provide for connecting American families," he said. Carr noted concerns about a perceived lack of coordination between the FCC and other agencies tasked with distributing broadband money despite Congress’ 2020 enactment of the Broadband Interagency Coordination Act. Carr also cited the agencies’ differing standards for defining eligibility for broadband funding.

Auction Interest

Rosenworcel believes “we need a whole-of-government approach” to spectrum coordination and wants Congress to “reinforce the NTIA Act” in conjunction with its renewal of the FCC’s auction authority. “I want NTIA to continue to be able to speak for federal spectrum interests and not just the agencies themselves,” she told Doyle. Rosenworcel noted the FCC through Jan. 31 had generated more than $233 billion from spectrum auctions while the “total cost of the auctions program has been less than $2.3 billion.”

“We have to do everything we can to bring back normalcy to our spectrum management process and avoid fights like we’ve been seeing” in recent years, including the high-profile C-band aviation safety fracas that preceded January delays in AT&T and Verizon rolling out commercial 5G on the frequency (see 2201180065), Doyle said. Some Commerce members have been eyeing a two-year renewal amid concerns about the amount of time on the legislative calendar remaining before the FCC’s current authorization expires Sept. 30 (see 2203040073).

Rep. Doris Matsui, D-Calif., said she’s currently working “on draft legislation that I believe can complement” the FCC’s pending receiver standards notice of inquiry, which is aimed at increasing the devices’ spectrum efficiency (see 2203300072). The bill would “ensure the government isn’t buying outdated or inefficient technology,” Matsui said. “I think what you’re raising in legislation is really important,” Rosenworcel said. “Making spectrum receiver efficiency part of government purchasing will change the market for receiver equipment because government purchases at a greater scale than anyone else.”

Doyle, Matsui and others pointed to specific bands they would like to see Congress address in a spectrum package. Doyle invoked his Spectrum Innovation Act (HR-5378), which would authorize an FCC auction of at least 200 MHz on the 3.1-3.45 GHz band. Matsui noted her interest in further exploring reallocation of the 7.125-8.4 GHz band for wireless use. She pressed NTIA Administrator Alan Davidson in March to prioritize an ongoing review of the band that began in 2019 (see 2203160073). Reps. Richard Hudson, R-N.C., and Darren Soto, D-Fla., both noted interest in the 12 GHz band. Hudson urged the FCC to “complete … in a timely manner” its engineering review of interference issues related to potential 5G use of the frequency, “especially if we find that coexistence is possible between satellite and terrestrial use.”