House Commerce to Vote on Combining FCC Spectrum Authority, 3.1-3.45 GHz Auction Bills

House Communications Subcommittee leaders intend to combine language from the Extending America’s Spectrum Auction Leadership Act (HR-7783) and Simplifying Management, Reallocation and Transfer of Spectrum Act (HR-5486) with the Spectrum Innovation Act (HR-7624) at a Wednesday Commerce Committee markup, as expected (see 2205190068). House Commerce is planning to mark up the American Data Privacy and Protection Act (HR-8152) next week, a Democratic committee spokesperson confirmed Tuesday. The House Consumer Protection Subcommittee unanimously advanced the bill in June (see 2206230064).

House Rules Committee leaders were expected to vote Tuesday night on whether to allow floor votes on a series of telecom and tech amendments to the FY 2023 National Defense Authorization Act (HR-7900). The amendments include proposals to require more DOD transparency on its implementation of its 2020 spectrum sharing strategy and to bar TikTok use on government devices, and several focusing on the Cybersecurity and Infrastructure Security Agency (see 2207070064). Backers of those proposals didn’t testify during the committee meeting.

House Armed Services Committee Chairman Adam Smith, D-Wash., and ranking member Mike Rogers, R-Ala., were among those who during the meeting criticized what they saw as an unacceptably high number of proposed amendments to the measure. Lawmakers filed 1,230 amendments before the meeting. Late amendments included one from Del. Stacey Plaskett, D-Virgin Islands, seeking a Commerce Department assessment of the feasibility of developing a trans-Atlantic submarine fiber cable connecting the U.S., the Virgin Islands, Ghana and Nigeria.

Rules was also set to vote on a rule to set up a new vote on the Active Shooter Alert Act (HR-6538), which the House failed to pass last month under suspension of the rules (see 2206230002). The measure would direct DOJ to create a national active shooter alert system that would use the Integrated Public Alert and Warning System (see 2206210048). Committee Chairman Jim McGovern, R-Mass., criticized lawmakers who voted against HR-6538 in June. “It’s outrageous that some members don’t even want to tell their constituents which way to run in the event of a shooting, but here we are,” he said.

House Communications Chairman Mike Doyle, D-Pa., and ranking member Bob Latta, R-Ohio, are effectively proposing via their HR-7624 manager’s amendment to make that measure the legislative vehicle for a spectrum package. The subpanel advanced an amended version of HR-7624 last month that uses the 3.1-3.45 GHz auction the measure authorizes to pay for next-generation 911 tech upgrades and additional funding for the FCC’s Secure and Trusted Communications Networks Reimbursement Program to repay U.S. carriers for removing from their networks’ equipment (see 2206150067).

The HR-7624 amendment would create a specific “Public Safety and Secure Networks Fund” within the Treasury Department to pay for the NG-911 and rip and replace programs. It also allocates $16 billion in proceeds from the 3.1-3.45 GHz auction and $1.7 billion from the upcoming 2.5 GHz auction to go toward “deficit reduction.” $10 billion of the remaining 3.1-3.45 GHz proceeds would go to NG-911 and $3.4 billion to the rip and replace program. Language from HR-7783 included in the HR-7624 amendment would extend the FCC’s spectrum auction authority for 18 months to March 31, 2024. The current mandate expires Sept. 30. The amendment’s language from HR-5486 would direct NTIA to create an "incumbent informing capability" to allow for licensed and unlicensed spectrum sharing between federal and nonfederal users (see 2206140077).

Also on the House Commerce docket: the Ensuring Phone and Internet Access Through Lifeline and Affordable Connectivity Program Act (HR-4275), Institute for Telecommunication Sciences Codification Act (HR-4990) and Safe Connections Act (HR-7132). The partly virtual meeting will begin at 11 a.m. in 2123 Rayburn.