Federal Communications Commission (FCC)

The House is set to vote Friday on passing the FY 2023 appropriations omnibus package (HR-2617), which would extend the FCC’s spectrum auction authority through March 9 in lieu of a spectrum legislative deal that got objections (see 2212200077) from Sen. Mike Rounds, R-S.D. The Senate voted 69-29 Thursday to pass the omnibus, which also includes increases in federal funding for the FCC, FTC, NTIA, other Commerce Department agencies, the DOJ Antitrust Division and CPB (see 2212210077). The House, meanwhile, passed the Martha Wright-Reed Just and Reasonable Communications Act (S-1541) and Low Power Protection Act (S-3405) on voice votes a day after the Senate cleared both measures.

In a busy end-of-year meeting, the FCC tackled digital discrimination, IP captioned telephone services rates and the space application review process, all with unanimous votes by commissioners. Commissioners also approved a record-setting fine for alleged robocalls, at Wednesday's meeting.

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).

Sen. Mike Rounds, R-S.D., who sank a bid by telecom-focused congressional leaders to attach a modified version of the chamber's version of the Spectrum Innovation Act (S-4117) and other related telecom priorities to the FY 2023 appropriations omnibus measure (see 2212190069), claimed Tuesday that DOD faced outside pressure to agree to back the proposal. Rounds vowed to continue opposing future attempts to weaken DOD's authority to manage its spectrum holdings.

Industry companies and groups disagreed sharply on the best way for the FCC to open the 12.7 GHz band for other users, and whether it should be offered for exclusive-use licenses or be the next big sharing band. Band incumbents urged caution. Comments were due Monday and posted Tuesday in docket 22-352. The FCC approved a notice of inquiry in October on what others call the 13 GHz band (see 2210270046).

Senate Communications Subcommittee members from both parties targeted FCC and NTIA implementation of connectivity programs created in the Infrastructure Investment and Jobs Act and COVID-19 aid measures Tuesday, as expected (see 2212120064), including concerns about deficient data the commission used to develop its new broadband maps. Lawmakers also touched on other telecom policymaking matters they hope Capitol Hill can address during the lame-duck session or in the next Congress. Senate Commerce Committee leaders saw a potential one-week extension of their talks on one lame-duck priority, a compromise spectrum legislative package (see 2212070068), appear via a proposed continuing resolution to fund the federal government past Friday.

Industry urged the FCC to facilitate the transition to IP networks for caller ID authentication. Many said there's no need to establish rules allowing for caller ID authentication on non-IP networks and cited TDM tandem switches as one of the main obstacles to fully implementing Stir/Shaken technology. Comments were posted Tuesday in docket 17-97 (see 2210270046).

House Communications Subcommittee leaders are monitoring from afar Senate Commerce Committee negotiations on a potential compromise spectrum measure with an eye on the legislative clock as they question if a viable alternative to the existing Spectrum Innovation Act (HR-7624) is achievable amid the jam-packed lame-duck session. Fraught talks are underway aimed at reaching a deal on an FY 2023 appropriations omnibus package seen as a potential vehicle for passing spectrum legislation and allocating new funding for two bipartisan telecom priorities: the FCC’s Secure and Trusted Communications Networks Reimbursement Program and next-generation 911 tech upgrades. Hill leaders released a compromise version of the FY 2023 National Defense Authorization Act Tuesday without language authorizing funding for the telecom priorities (see 2212070056).

A bid to circumvent FCC barriers on broadcasters airing ads for cannabis products in states where they're legal faces uncertain prospects on Capitol Hill. Federal law bars broadcasters from carrying ads for marijuana and other schedule 1 controlled substances. The House passed its FY23 FCC appropriations bill (HR-8294) in July with a rider barring the FCC from using its funding to revoke or otherwise condition a broadcaster’s license because it airs ads for cannabis products (see 2206270061).

The FCC will consider an NPRM that would define digital discrimination and adopt best practices for states and local governments to combat it, during the commissioners' Dec. 21 meeting. Also on the agenda are an Enforcement Bureau action and NPRMs seeking comment on ways the FCC can facilitate acceptance of satellite and earth station applications under its Part 25 rules, on a proposal to require wireless carriers and text providers to use location-based routing to avoid misrouting wireless 911 calls and texts, and on proposed modifications to the Telecom Relay Service Fund.