Cantwell Spectrum Bill Backers Court GOP Holdouts Ahead of Tuesday Senate Markup

Revisions to the Spectrum and National Security Act (S-4207) last week (see 2406140062) have at least solidified Democrats' support for the measure ahead of a planned Tuesday Senate Commerce Committee vote, lobbyists told us. The more doubtful wild card is whether any Republican panel members publicly back the measure Tuesday despite Chair Maria Cantwell, D-Wash., making revisions that reflect their desire to protect military interests, lobbyists said. Several believed there was still a strong chance Senate Commerce would again postpone a vote on S-4207 after already yanking it from the agenda three times (see 2406110079). The panel’s meeting is set to begin at 10 a.m. in 253 Russell.

Commerce Secretary Gina Raimondo and other S-4207 backers were reaching out behind the scenes Monday to stimulate public support for the measure ahead of the Tuesday markup, lobbyists told us. Raimondo was meeting with communications industry officials seeking public backing for the bill, lobbyists told us. CTIA prefers the 2024 Spectrum Pipeline Act (S-3909), which would mandate reallocation of at least 2,500 MHz of midband airwaves (see 2403110066). Commerce didn’t comment. Raimondo announced with DOD and Joint Chiefs of Staff leaders last week that they endorsed the revised S-4207 (see 2406120058).

Meanwhile, DOD officials were talking with Senate Armed Services Committee members Monday in a bid to secure support for S-4207, lobbyists said. Cantwell made many of the changes in S-4207’s revised version to pacify DOD and its congressional backers. Those revisions include creating a process for the Pentagon to object to the results of the administration's spectrum studies before they go to the White House. Lobbyists believe the changes have secured support from three Senate Armed Services Democratic members who are also part of Commerce: Tammy Duckworth of Illinois, Gary Peters of Michigan and Jacky Rosen of Nevada.

The DOD-Senate Armed Services meeting aimed at getting at least one of the panel’s three GOP members who are also on Commerce to vote for S-4207. That would let Cantwell tout the outcome of Tuesday’s vote as a bipartisan decision, lobbyists said. The three dual Senate Armed Services-Commerce Republicans -- Deb Fischer of Nebraska, Dan Sullivan of Alaska and Roger Wicker of Mississippi -- are among four Commerce GOP wild cards S-4207’s supporters believe could end up backing the measure, lobbyists said. The other potential Republican supporter is Sen. J.D. Vance of Ohio.

Party-Line Split?

There’s also a strong possibility the Tuesday Senate Commerce vote on S-4207 may split 14-13 along party lines, lobbyists said. The committee’s top two Republicans -- ranking member Ted Cruz of Texas and Communications Subcommittee ranking member John Thune of South Dakota -- remain unlikely to support the measure over their S-3909. Cruz and Thune are concerned that S-4207 no longer mandates FCC auctions of any specific bands, lobbyists said. Cantwell removed satellite industry-opposed language from S-4207 mandating the FCC sell licenses on the 12.7-13.25 GHz band by the end of 2027. The four potential wild card Republicans have misgivings about bucking Cruz and Thune on spectrum legislation even though they have misgivings about S-3909’s approach to the military-controlled 3.1-3.45 GHz band, lobbyists noted.

House Commerce Committee GOP leaders are continuing to delay taking a position on S-4207. Panel Chair Cathy McMorris Rodgers, R-Wash., told us she’s “certainly encouraged” with recent developments on S-4207, but “we’ll see what [Cantwell] can do” about advancing it out of Senate Commerce. House Communications Subcommittee Chairman Bob Latta, R-Ohio, said he would review the revised S-4207 before reaching an opinion. Rodgers and Latta spearheaded the House Commerce-cleared Spectrum Auction Reauthorization Act (HR-3565) last year, but that bill remains stalled because of DOD supporters’ opposition to its lower 3 GHz auction proposal (see 2312040001).

Incompas CEO Chip Pickering endorsed S-4207 Monday. CTA CEO Gary Shapiro said the group “appreciates recent developments” with the bill. Pickering told Cantwell and other Senate Commerce leaders that S-4207 is “decisive” because it would renew the FCC’s lapsed spectrum auction authority for five years, allocate $7 billion to the expired affordable connectivity program during FY 2024 and fully pay for the Secure and Trusted Communications Networks Reimbursement Program. “All of the issues covered in this piece of legislation are mission-critical to achieving Internet for All, and we are happy to support this vital bill,” Pickering said in a letter to lawmakers. “We urge bipartisan support” for the measure.

Digital Progress Institute President Joel Thayer and Joe Kane, Information Technology and Innovation Foundation director-broadband and spectrum policy, criticized S-4207’s revisions. “Some aspects … will potentially adversely impact the interagency process by placing agencies, like the DOD, as our new arbiter of commercial spectrum as opposed to the FCC and may unnecessarily politicize essential broadband programs,” Thayer tweeted. “The latest iteration … will neither sustainably revive” ACP nor “balance commercial access to spectrum with national security needs,” Kane said in a Monday statement. He noted the revised language reduced to 10% the “share of spectrum auction proceeds dedicated to ACP” even though the amount of money remains at $7 billion.