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House of Representatives

C-Band Hearing Showcases Divisions Over Auctions, Uses of Radio Frequencies

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Defense Department photo of Rep. Mike Doyle from January 2017 by Marvin Lynchard

WASHINGTON, October 29, 2019 – Mid-band radiofrequencies in the so-called “C-Band” are underutilized but not unused, said House Energy and Commerce Committee Chairman Frank Pallone, D-N.J., at a Tuesday hearing on this key mid-band spectrum.

The C-Band Alliance, a coalition of satellite service providers, had testified before the Committee this past July. Pallone disagreed with the CBA’s support for the private purchase of spectrum to wireless carriers.

The Alliance’s recent offer to make a voluntary payment to the U.S. Treasury from their multi-billion-dollar private sale, Pallone said, raises novel enforcement and transparency issues. It would also be an unprecedented departure from the way Congress has instructed the Federal Communications Commission to reallocate spectrum in the past, he said.

In the wake of the so-called “incentive auction,” which allow broadcasters to put frequencies up for auction, Communications and Technology Subcommittee Chairman Mike Doyle, D-Penn., said it was good to see incumbent spectrum rights holders offer to work with the government to reallocate spectrum.

However, Doyle continued, it’s concerning that several satellite companies have voiced the desire for a private C-Band auction. Not only would these companies sell spectrum that they did not purchase, he said, but they would hold most of the auction’s profits and reimburse the U.S. Treasury on a voluntary basis.

The FCC has signaled an intent to showcase progress of spectrum sharing in the C-Band , said Rep. Bob Latta, R-Ohio., making critical mid-band spectrum available for 5G wireless technologies.

While bipartisan market-based principles have helped innovation for the past two decades, Latta said, other countries continue to develop additional spectrum for commercial use. Lawmakers should encourage the FCC and industry leaders to work together to ensure that spectrum management serves the public interest, he said.

The hearing featured witnesses from industry and nonprofit organizations. Regardless of what type of auction is initiated, said Ross Lieberman, senior vice president of government affairs at the cable association ACA Connects, it’s important that rural Americans are unharmed in 5G deployment.

Under ACA’s 5G plan, he said, a transparent public auction could put spectrum to its highest and best use.

However, Lieberman added, the FCC’s plan to reallocate up to 300 megahertz for 5G mobile wireless deployment may harm ACA Connects members who are small cable operators. At minimum, operators would have to install fiber into their systems to prevent interference, which he said was not an affordable option. Auction proceeds would be better spent on fiber infrastructure and other goods that serve the public interest, he said.

Government-led spectrum transitions have been “tremendously difficult and slow,” said Cisco Vice President of Government Affairs Jeff Campbell. He said that mobile service traffic will rise five-fold by 2022.

5G technology can make our economy work better, Campbell said, by providing a ubiquitously available set of wireless capabilities. In the case of this technology in the 3 GHz band, there are national competitive interests at stake that warrant moving expeditiously in the auction process.

Authorization to use spectrum does not constitute ownership, said Deborah Collier, director of technology and telecommunications policy at Citizens Against Government Waste. The C-Band spectrum is unique, she said, in that the only clear ownership within the band is by the federal government.

The FCC can use incentive auction authorization to allocate federally held unused spectrum for mobile providers, Collier said. Another proposal recommends that the net proceeds from an FCC-conducted auction be used to build out fiber across the country, effectively delivering data between broadcast stations.

Also, she added, if the FCC conducts the auction, a larger portion of the potential 60 billion in proceeds will go to the taxpayers than under the CBA plan.

James Frownfelter, chairman and CEO of the global satellite company ABS, said that the FCC may confiscate C-Band spectrum from satellite operators to make room for 5G services.

Any proposal to confiscate small satellite operator spectrum without compensation, Frownfelter said, would be anticompetitive, reduce the value of all spectrum licenses and undermine future investment.

To ensure investment in satellite and terrestrial wireless networks, he said, the FCC should permit a private sector auction that fairly and equitably compensates all FCC licensed satellite operators.

Any benefits of C-Band’s reallocation must flow directly to the public, said Phillip Berenbroick, policy director at Public Knowledge. A public auction would not only free up airwaves for 5G mobile broadband but can also generate substantial revenues that Congress could use to address pressing national needs, such as closing the digital divide.

In contrast, Berenbroick said, a private auction would introduce unnecessary uncertainty. If the auction fails, it could cause significant delay and unnecessary legal risk. The FCC can help deliver high speed broadband to unserved areas as well as include small and rural broadband providers in the auction process.

House of Representatives

Telecom, Online Marketplace Consumer Protection Bills Pass House Committee

Among the bills sent to the House, the committee passed two on telecom and one on consumer safety.

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Jan Schakowsky, D-Illinois

WASHINGTON, November 17, 2021 – The House Committee on Energy and Commerce passed several bills Wednesday, including two on telecom policy and one meant to address consumer safety when using online retailers.

H.R. 1218, the “Data Mapping to Save Moms’ Lives Act,” H.R. 2501, the “Spectrum Coordination Act,” and H.R. 5502, the “Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act” were all passed unopposed and without amendments.

H.R. 1218 is a bill intended to target broadband resources to areas where “telehealth may be useful in the monitoring and care of pregnant women,” bill co-sponsor Rep. G. K. Butterfield, D-North Carolina, said during the hearing, adding “it is a moral imperative to address the maternal mortality crisis in the United States.” The bill’s other sponsors are Reps. Lisa Rochester, D-Delaware, and Gus Bilirakis, R-Florida.

“To effectively deploy 21st Century resources to address the shocking rates of maternal mortality, the nation must first identify which communities lack adequate Internet access and have high maternal mortality rates. That is exactly what this bill seeks to do,” said Rochester.

H.R. 2501, which is sponsored by Bilirakis, requires the National Telecommunications and Information Administration – an agency of the Commerce Department – and the Federal Communications Commission to update the memorandum of understanding on spectrum coordination, to ensure that spectrum is shared efficiently, and that a process is created to better resolve frequency allocation disputes.

H.R. 5502, co-sponsored by Rep. Jan Schakowsky, D- Illinois, takes aim at online retailers that do not take responsibility for the products that third-party groups sell on their marketplace. Legislators supporting this legislation asserted that this has allowed bad actors to sell unsafe, counterfeit, or otherwise fraudulent goods on common marketplaces like Amazon and Etsy.

“What we’re saying now is very simply that online marketplaces will have to verify that the identity of their higher volume sellers, so they have to take some responsibility,” said Schakowsky. “It’s not just about counterfeiters, it’s not just about defrauding – we are talking about danger every year around this time.”

“This legislation is really going to help the consumers and legitimate businesses that are selling products and becoming victims themselves.”

Amazon has been on the wrong end of state court rulings recently that have made it liable for defective products. Experts on a Information Technology and Innovation Foundation event in May remarked that this could open the floodgates for these types of lawsuits, a contrast to when Section 230 liability protections for platforms have historically been used as strong defenses for these platforms.

Now that these bills have passed their committee, they will be sent to the House to be considered. Should they successfully be passed in the House, they will be sent to the Senate and undergo a similar procedure; if the bills are successfully passed in both the House and Senate, they will then be sent to President Joe Biden’s desk, where he can decide whether to sign them into law.

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Broadband's Impact

House Commerce Committee Aligned on Telecom, Mapping and Supply Chain Security, Says Ranking Member

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Photo from Rep. Cathy McMorris Rodgers' website

March 18, 2021 – House Energy and Commerce Committee Ranking Member Cathy McMorris Rodgers, R-Washington, said Wednesday that the committee was among the most bipartisan on issues including telecom.

Rodgers, who was speaking at the Internet Innovation Alliance with co-chair Bruce Mehlman, said that her Republican colleagues have put forth 28 solutions that would remove regulatory barriers and streamline broadband processes yet demonstrate funding is being spent wisely. She called on the government to ensure cost-effective ways to spend federal dollars.

She said the committee’s priority must be on accurate broadband mapping. That requires funding for more granular data. She also argued for national security against China, including on solar and wind energy products.

Rodgers also said she was excited about low-earth orbit satellites and the potential future they bring in connecting parts of the country with internet that have been “economically unfeasible in the past.”

Asked of her thoughts on virtual learning from home, especially how her 14-year old son with down syndrome is faring, Rodgers said she was completely in favor of reopening schools safely because not all parents have the means to provide optimal learning spaces at home.

Calling herself a working mother who could afford to provide an assistant to help her son through his school day, Rodgers said it was not the best way to learn when compared to in-person schooling.

This came after she said the country has the best networks and “some of the fastest speeds at the lowest prices in the world for internet service.”

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House of Representatives

Emphasis on Combating COVID-19 and Rebuilding Infrastructure at First Energy and Commerce Meeting

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Photo of Rep. Frank Pallone, Jr., Chairman of the House Energy and Commerce Committee, by Bonnie Cash used with permission

January 28, 2021—During the first organizational meeting of the House Commerce Committee of the 117th Congress, Chairman Frank Pallone of New Jersey welcomed the newest members of the House Energy and Commerce Committee.

The bulk of the Committee’s first meeting was dedicated to discussing best practices to reduce healthcare and prescription drug costs, rebuild and modernize the nation’s infrastructure, and combat climate change.

Members further discussed rebuilding and restoring the essential functions of key agencies. Strengthening the Center for Disease Control and the Environmental Protection Agency were deemed essential. Members considered the waning of the two agencies to be at “the very heart” of creating some of the nation’s most pressing current legislative and policy issues.

Members also approved governing procedures and announce subcommittee chairs, ranking members, and other subcommittee assignments.

Republican Rep. Cathy McMorris Rodgers of Washington is  the new ranking member, and the first woman in that role for the committee.

Pallone further announced Democratic members joining the Committee, including Rep. Kathleen Rice of New York, known for her interest in climate change and infrastructure. Rep. Angie Craig, of Minnesota, was touted for work on the Affordable Care Act. Rep. Kim Schrier of Washington was recognized for her work as a pediatrician.

Rep. Lori Trahan of Massachusetts has an interested in the opioid pandemic and the environment. Rep. Lizzie Fletcher of Texas is focused on first responders and firefighting foams.

Pallone addressed members of the committee in the 117th Congress

Pallone thanked members and reiterated the need to enact policies to combat COVID-19 through vaccine distribution. He criticized former President Donald Trump for lacking effective implementation strategies to vaccinate more Americans sooner.

He said policies were needed that “provide critical assistance to struggling families, rebuild our economy, and bring an end to the pandemic, so people can begin to safely return to regular practice of life.”

Pallone praised President Joe Biden’s executive orders on vaccine distribution, expanded access to testing, and utilization of the Defense Production Act, which allows continued access to medical supplies and personal protective equipment for testing and vaccination.

The committee also took time to celebrate its own 225th birthday, which occurred last month. It is the oldest committee in the House.

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