Senate Eyes FY23 Omnibus Passage; Rosenworcel Urges NG-911 Funding

The Senate appeared poised to pass as soon as Wednesday an FY 2023 appropriations omnibus package that includes another short-term extension of the FCC’s spectrum auction authority, though the situation remained fluid late that afternoon amid continued wrangling over potential votes on amendments to the measure. Lawmakers agreed to attach a renewal the FCC’s remit through March 9, after an objection from Sen. Mike Rounds, R-S.D., derailed a negotiated deal to include a modified version of the chamber's version of the Spectrum Innovation Act (S-4117) and other related measures (see 2212200077).

FCC Chairwoman Jessica Rosenworcel said Wednesday she’s pleased congressional leaders included the FCC auction authority extension in the omnibus but noted the need for early action in the next Congress to enact a broader spectrum package due to its potential as a source to fund next-generation 911 tech upgrades and other telecom priorities. The Senate separately advanced the Martha Wright-Reed Just and Reasonable Communications Act (S-1541) and Low Power Protection Act (S-3405) Wednesday by unanimous consent, but observers were doubtful either measure would get floor action before the end of this Congress.

Senate Majority Leader Chuck Schumer, D-N.Y., hopes “we can vote on final passage” of the omnibus “as early as tonight,” but he said in a floor speech “that’s going to require cooperation” on matters like amendments to the measure. “I urge my colleagues not to stand in the way of moving this process forward,” he said: “Nobody wants a shutdown.” The Senate voted 70-25 Tuesday on a motion to proceed to considering the omnibus’ legislative vehicle (HR-2617), which Schumer called “a strong signal that both sides are keen to finish funding the government very soon.” Ukrainian President Volodymyr Zelenskyy’s scheduled speech before a joint session of Congress could impede Wednesday night votes, potentially spilling action into Thursday, Hill aides said.

Senate Antitrust Subcommittee Chairwoman Amy Klobuchar, D-Minn., filed amendments Tuesday to attach language from two of her bills -- the Journalism Competition and Preservation Act (S-673) and American Innovation and Choice Online Act (S-2992) -- after failed attempts to enact them by other means. The omnibus includes some tech policy priorities (see 2212200075), including text from the Integrity, Notification and Fairness in Online Retail Marketplaces for Consumers Act (S-936), No TikTok on Government Devices Act (S-3455) and Merger Filing Fee Modernization Act (HR-3843). Lawmakers also unsuccessfully sought (see 2212200069) to include the Open App Markets Act (S-2710) and Kids Online Safety Act (S-3663).

Funding

The omnibus would allocate more than $390 million for the FCC in FY23, level with what the House included in appropriations legislation it passed in July (HR-8294) and up 2.3% from what Congress appropriated in FY 2022 (see 2203090068). Lawmakers want to give the FTC $430 million, down 12% from what President Joe Biden sought and the House approved in July (see 2207180050) but a 14% increase from its FY22 funding. The package includes $62 million for NTIA, up 24% from FY22. The Patent Office would get $4.25 billion, up more than 4% from FY22. The National Institute of Standards and Technology would get $1.63 billion, a 32% increase. Lawmakers propose $191 million for the Bureau of Industry and Security, up 35%.

The DOJ Antitrust Division would get $225 million, a 32% increase. The Cybersecurity and Infrastructure Security Agency would get $2.9 billion, down 12% from what Biden sought, but up 12% from FY22. The Agriculture Department’s rural broadband programs would get a combined $466.5 million, including $348 million for ReConnect. CPB would get $535 million beginning in FY 2025. That’s 5% less than what Biden sought but about 2% more than it got for FY 2024 via FY22 appropriations. Lawmakers propose $60 million for the public broadcasting interconnection system, almost 97% more than they appropriated in FY22.

Rosenworcel avoided directly opining Wednesday on the fracas over the last-minute death of lawmakers’ spectrum legislative deal, telling reporters instead she appreciates that Congress “has taken note” of the need to extend the commission’s auction authority. “We will have revenue opportunities and we will also ensure” the U.S. “can continue to lead in commercial activity when it comes to making sure that the wireless economy has the infrastructure it needs to further develop.”

Ahead of the FCC’s unanimous vote to advance a proposed NPRM on location-based routing to public safety points (see 2212210047), however, Rosenworcel said the commission needs “to work with Congress and first responders to use the billions of dollars our spectrum auctions raise to assist with” the NG-911 transition. The scuttled spectrum deal would have allocated up to 30% of money funneled into a proposed Spectrum Auction Trust Fund, up to $14.8 billion, to pay for NG-911. That amount and additional NG-911 language mirrors what the House Commerce Committee included in its Leading Infrastructure for Tomorrow’s (Lift) America Act (HR-1848) and budget reconciliation proposals.

“With our authorities still the subject of legislation, this opportunity” to fund NG-911 “is out there,” Rosenworcel said. “We need to make sure that the more than 6,000 public safety answering points are not stuck with old systems designed for the era of analog calling. We need everyone to take full advantage of the digital age with emergency communication systems that support voice, text, data, as well as feature more redundancy to prevent outages. These generational improvements in public safety are necessary and support can come from the auction of our public airwaves.”

Other Legislation

FCC Commissioner Brendan Carr, meanwhile, praised lawmakers for attaching S-3455 to the omnibus. S-3455’s proposal to ban TikTok on federal government devices is “a very welcome step” that’s one component of “a lot of really significant progress” in recent weeks “when it comes to addressing the national security threats” the social media platform poses, Carr said during a news conference. “I would expect by the end of this week, we will likely have it as a matter of federal law.” He voiced optimism about the Averting the National Threat of Internet Surveillance, Oppressive Censorship and Influence, and Algorithmic Learning by the Chinese Communist Party Act’s proposed national TikTok ban, which lawmakers already say they plan to refile next year (see 2212200074), and the ongoing Committee on Foreign Investment in the U.S. review of the platform’s national security implications.

Supporters and opponents of S-3405’s proposal to open a window to allow low-power television stations to upgrade to better-protected Class A status (see 2206220070) marked Senate passage of the measure Wednesday. “It is an important first step to ensure that more low power televisions stations are given the certainty they need to invest in their stations without facing the existential risk of being displaced by another station,” emailed Advanced Television Broadcasting Alliance Executive Director Lee Miller. LPTV Broadcasters Association President Frank Copsidas criticized Senate leaders for agreeing to advance S-3405 but thought it was doubtful the House would move to also pass the measure before it’s expected to adjourn later this week.

“We heard the House didn’t even know” the Senate planned to act on S-3405 this week, Copsidas told us. “It wasn’t even on their radar.” The House didn’t have that measure or S-1541, which would require the FCC to factor industry-wide average costs for telephone and advanced communication services, along with safety and security costs, in new rate-setting cycles, on its floor agenda Wednesday afternoon. “This has nothing to do with helping low-power TV” and the LPTV broadcasting group was concerned that lawmakers didn’t choose to make any changes it sought, he said.