Here are Communications Litigation Today's top stories from last week, in case you missed them. Each can be found by searching on its title or by clicking on the hyperlinked reference number.
Sen. Steve Daines, R-Mont., filed an amendment Tuesday seeking to attach language from his Supporting National Security with Spectrum Act (S-4049) to the House-approved FY 2024 national security appropriations supplemental package (HR-815) as an alternative vehicle for allocating an additional $3.08 billion for the FCC’s Secure and Trusted Communications Networks Reimbursement Program. S-4049, which Daines filed in March (see 2403220056), would offset the additional rip and replace funding by authorizing a reauction of the 197 AWS-3 licenses that Dish and affiliated designated entities returned to the commission last year. The Senate rejected a Thursday bid from Sen. Mike Lee, R-Utah, to open HR-815 up for amendments. “Removing Chinese telecom equipment from our wireless networks is a matter of national security,” Daines said in a statement. “Rural providers must have the resources and ability to remove compromised equipment. Without it, our wireless systems are at severe risk. This service is also critical for many Montanans in eastern Montana who could lose 911 and cell service. We must get this done before it’s too late.” Daines unsuccessfully attempted to attach the funding to the Further Consolidated Appropriations Act FY 2024 minibus spending bill last month (see 2403210067). He also previously considered filing the rip-and-replace language when the Senate was eyeing a version of the foreign aid package in January (see 2401240001). Lawmakers are continuing to eye using a spectrum legislative package to pay for additional rip-and-replace funding (see 2403140066).
Vermont National Telephone (VTEL) is challenging the DOJ's move to dismiss fraud litigation against Dish Network and designated entities (DE) Northstar Wireless and SNR Wireless regarding 2015's AWS-3 auction (see 2403040052).
Vermont National Telephone (VTEL) is challenging the DOJ's move to dismiss fraud litigation against Dish Network and designated entities (DE) Northstar Wireless and SNR Wireless regarding 2015's AWS-3 auction (see 2403040052).
CTIA and its major members agreed that grants of special temporary authority (STA) are the best method of getting “inventory” spectrum into play, in reply comments posted Tuesday in docket 24-72. Others continue to stress the benefits of dynamic sharing and other mechanisms (see 2404090045). The FCC sought comment in March as the agency marked the one-year anniversary of its general auction authority expiring.
House Communications Subcommittee Chairman Bob Latta (Ohio) and Health Subcommittee Chairman Brett Guthrie (Ky.) are highlighting reaching a deal on an expansive spectrum legislative package as a top communications policy priority if they succeed retiring Commerce Committee Chair Cathy McMorris Rodgers (Wash.) as the panel's lead Republican in the next Congress. Both contenders separately told us their spectrum focus wouldn’t waver if Rodgers and other congressional leaders reach a deal this year that restores the FCC’s lapsed auction authority and other airwaves-related priorities. Talks on spectrum legislation have largely stalled since early 2023, but Senate Commerce Committee Chair Maria Cantwell, D-Wash., and others are shopping new proposals (see 2403210063).
Advocates of the FCC’s affordable connectivity program and Secure and Trusted Communications Networks Reimbursement Program believe funding for both priorities remains available this year, despite Congress having omitted funding in the Further Consolidated Appropriations Act FY 2024 minibus spending package enacted last week (see 2403210067). Program backers acknowledge funding will be more difficult as the FY24 package was their best opportunity. They also admit appropriations politics will only prove trickier with Capitol Hill hunkering down for the 2024 election campaign.
Sen. Steve Daines, R-Mont., led filing of the Supporting National Security with Spectrum Act Friday as an alternative vehicle for allocating an additional $3.08 billion for the FCC’s Secure and Trusted Communications Networks Reimbursement Program after congressional leaders didn't agree to include the funding in the Further Consolidated Appropriations Act FY 2024 minibus spending bill (see 2403210067). Congress inched closer Friday to passing the minibus, which also didn't include stopgap funding for the FCC's ailing affordable connectivity program despite a strong push by the initiative's backers (see 2402210073).
Senate Commerce Committee Chair Maria Cantwell, D-Wash., told us Thursday she hopes to soon file legislation on a five-year renewal of the FCC’s lapsed spectrum auction authority without language authorizing sales of specific bands, despite Republican criticism during a Thursday hearing about omitting an airwaves pipeline. Senate Commerce ranking member Ted Cruz, R-Texas, and Communications Subcommittee ranking member John Thune, R-S.D., emphasized their 2024 Spectrum Pipeline Act (S-3909) as an antidote to concerns about the Biden spectrum strategy, as expected (see 2403200001). The hearing also revealed clear divisions among panel Republicans about continuing to explore 5G use of the 3.1-3.45 GHz band, which has drawn opposition from DOD and top Capitol Hill allies (see 2403200061).
Advocates of additional federal funding for the FCC’s affordable connectivity program and Secure and Trusted Communications Networks Reimbursement Program were closely monitoring congressional negotiations Friday in hopes appropriators would reach a deal addressing both priorities as part of a second tranche of FY 2024 spending bills lawmakers want approved before midnight March 22. Rip-and-replace supporters voiced strong optimism that the next “minibus” package would include $3.08 billion to fully fund that program. ACP backers were, at least privately, growing less hopeful of a deal including their priority.