Cantwell Abandons September Spectrum Bill Markup Hopes, Eyes Lame Duck

Senate Commerce Committee Chair Maria Cantwell, D-Wash., is eyeing attaching her Spectrum and National Security Act (S-4207) to an end-of-year package instead of pursuing another markup attempt before Congress recesses at the end of September for pre-election campaigning. She previously eyed a potential September markup of S-4207 (see 2408150039) in hopes of resurrecting the measure after it repeatedly stalled earlier this year. S-4207 would restore the FCC’s spectrum auction authority through Sept. 30, 2029, and provide a vehicle for allocating funding for the commission’s lapsed affordable connectivity program and other telecom priorities.

“We’re not even talking about” a September markup of S-4207 anymore, Cantwell said in a brief interview. “We’re talking about continued forward progress and getting everybody to understand that both [the Commerce Department] and DOD are in agreement” about proposed changes to the measure Cantwell unveiled in June in hopes of resurrecting its prospects (see 2406120058). She’s once again eyeing a follow-up briefing (see 2407110049) with members of the Senate Armed Services Committee on the changes in hopes of garnering support from undecided “Republicans and Democrats who want to make progress” on spectrum policy.

“There are a lot of things” likely to emerge during Congress’ post-election lame-duck “that are potential vehicles” for moving S-4207, its proposed $7 billion stopgap for ACP and $3.08 billion for the FCC's Secure and Trusted Communications Networks Reimbursement Program, Cantwell told us. “A lot of people are interested” in pursuing the matter and a “myriad of things” as part of lame-duck legislation. Several lobbyists pointed to a trio of potential legislative vehicles: post-election work on FY 2025 appropriations, the FY25 National Defense Authorization Act and the farm bill. Lobbyists noted there’s also likely to be continued interest in pursuing (see 2408220041) the Proper Leadership to Align Networks for Broadband Act (S-2238) as an alternative for funding ACP and rip and replace after Senate Commerce attached money for both in July.

Senate Communications Subcommittee ranking member John Thune, R-S.D., told us it's “unfortunate that we aren't anyplace on spectrum right now” given it’s been more than 18 months since the FCC’s auction authority lapsed in March 2023 (see 2303090074). “That’s a challenge that needs to be dealt with” soon, he said. Thune faulted S-4207 for lacking a “guarantee or insurance policy” to ensure a pipeline of spectrum to repurpose for commercial use. He and Senate Commerce ranking member Ted Cruz, R-Texas, have continued pushing their alternate 2024 Spectrum Pipeline Act (S-3909), which would require NTIA to identify at least 2,500 MHz of midband spectrum the federal government can reallocate within the next five years (see [Ref 2403110066]).