[House Hearing, 115 Congress]
[From the U.S. Government Publishing Office]
RAY BAUM'S ACT: A BIPARTISAN FOUNDATION FOR BRIDGING THE DIGITAL DIVIDE
=======================================================================
HEARING
BEFORE THE
SUBCOMMITTEE ON COMMUNICATIONS AND TECHNOLOGY
OF THE
COMMITTEE ON ENERGY AND COMMERCE
HOUSE OF REPRESENTATIVES
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
__________
DECEMBER 11, 2018
__________
Serial No. 115-174
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Printed for the use of the Committee on Energy and Commerce
energycommerce.house.gov
___________
U.S. GOVERNMENT PUBLISHING OFFICE
36-837 PDF WASHINGTON : 2019
COMMITTEE ON ENERGY AND COMMERCE
GREG WALDEN, Oregon
Chairman
JOE BARTON, Texas FRANK PALLONE, Jr., New Jersey
Vice Chairman Ranking Member
FRED UPTON, Michigan BOBBY L. RUSH, Illinois
JOHN SHIMKUS, Illinois ANNA G. ESHOO, California
MICHAEL C. BURGESS, Texas ELIOT L. ENGEL, New York
MARSHA BLACKBURN, Tennessee GENE GREEN, Texas
STEVE SCALISE, Louisiana DIANA DeGETTE, Colorado
ROBERT E. LATTA, Ohio MICHAEL F. DOYLE, Pennsylvania
CATHY McMORRIS RODGERS, Washington JANICE D. SCHAKOWSKY, Illinois
GREGG HARPER, Mississippi G.K. BUTTERFIELD, North Carolina
LEONARD LANCE, New Jersey DORIS O. MATSUI, California
BRETT GUTHRIE, Kentucky KATHY CASTOR, Florida
PETE OLSON, Texas JOHN P. SARBANES, Maryland
DAVID B. McKINLEY, West Virginia JERRY McNERNEY, California
ADAM KINZINGER, Illinois PETER WELCH, Vermont
H. MORGAN GRIFFITH, Virginia BEN RAY LUJAN, New Mexico
GUS M. BILIRAKIS, Florida PAUL TONKO, New York
BILL JOHNSON, Ohio YVETTE D. CLARKE, New York
BILLY LONG, Missouri DAVID LOEBSACK, Iowa
LARRY BUCSHON, Indiana KURT SCHRADER, Oregon
BILL FLORES, Texas JOSEPH P. KENNEDY, III,
SUSAN W. BROOKS, Indiana Massachusetts
MARKWAYNE MULLIN, Oklahoma TONY CARDENAS, California
RICHARD HUDSON, North Carolina RAUL RUIZ, California
KEVIN CRAMER, North Dakota SCOTT H. PETERS, California
TIM WALBERG, Michigan DEBBIE DINGELL, Michigan
MIMI WALTERS, California
RYAN A. COSTELLO, Pennsylvania
EARL L. ``BUDDY'' CARTER, Georgia
JEFF DUNCAN, South Carolina
______
Subcommittee on Communications and Technology
MARSHA BLACKBURN, Tennessee
Chairman
LEONARD LANCE, New Jersey MICHAEL F. DOYLE, Pennsylvania
Vice Chairman Ranking Member
JOHN SHIMKUS, Illinois PETER WELCH, Vermont
STEVE SCALISE, Louisiana YVETTE D. CLARKE, New York
ROBERT E. LATTA, Ohio DAVID LOEBSACK, Iowa
BRETT GUTHRIE, Kentucky RAUL RUIZ, California
PETE OLSON, Texas DEBBIE DINGELL, Michigan
ADAM KINZINGER, Illinois BOBBY L. RUSH, Illinois
GUS M. BILIRAKIS, Florida ANNA G. ESHOO, California
BILL JOHNSON, Ohio ELIOT L. ENGEL, New York
BILLY LONG, Missouri G.K. BUTTERFIELD, North Carolina
BILL FLORES, Texas DORIS O. MATSUI, California
SUSAN W. BROOKS, Tennessee JERRY McNERNEY, California
KEVIN CRAMER, North Dakota FRANK PALLONE, Jr., New Jersey (ex
MIMI WALTERS, California officio)
RYAN A. COSTELLO, Pennsylvania
GREG WALDEN, Oregon (ex officio)
(ii)
C O N T E N T S
----------
Page
Hon. Marsha Blackburn, a Representative in Congress from the
State of Tennessee, opening statement.......................... 1
Prepared statement........................................... 3
Hon. Michael F. Doyle, a Representative in Congress from the
Commonwealth of Pennsylvania, opening statement................ 4
Prepared statement........................................... 5
Hon. Greg Walden, a Representative in Congress from the State of
Oregon, opening statement...................................... 6
Prepared statement........................................... 8
Hon. Frank Pallone, Jr., a Representative in Congress from the
State of New Jersey, opening statement......................... 9
Prepared statement........................................... 10
Witnesses
Curtis J. LeGeyt, Executive Vice President, Government Relations,
National Association of Broadcasters........................... 11
Prepared statement........................................... 14
Tim Donovan, Senior Vice President, Legislative Affairs,
Competitive Carriers Association............................... 24
Prepared statement........................................... 26
Jeffrey S. Cohen, Chief Counsel and Director of Government
Relations, APCO International.................................. 33
Prepared statement........................................... 35
Bohdan Zachary, General Manager, Milwaukee PBS................... 40
Prepared statement........................................... 42
Submitted Material
FCC Communications Marketplace Report, November 21, 2018, GN
Docket No. 18 09231, submitted by Mr. Doyle \1\
Report of September 2018, T-Mobile 600 MHz Cities and Towns,
submitted by Mr. Walden........................................ 78
Report of August 2018, Central Oregon: Fossil-Monument-Seneca
Area, T-Mobile, submitted by Mr. Walden........................ 80
Report, Oregon 2nd Congressional District 600 MHz, T-Mobile,
submitted by Mr. Walden........................................ 91
----------
\1\ The information has been retained in committee files and also
is available at https://docs.house.gov/Committee/Calendar/
ByEvent.aspx?EventID=
108785.
RAY BAUM'S ACT: A BIPARTISAN FOUNDATION FOR BRIDGING THE DIGITAL DIVIDE
----------
TUESDAY, DECEMBER 11, 2018
House of Representatives,
Subcommittee on Communications and Technology,
Committee on Energy and Commerce,
Washington, DC.
The subcommittee met, pursuant to notice, at 1:57 p.m., in
room 2322, Rayburn House Office Building, Hon. Marsha Blackburn
(chairman of the subcommittee) presiding.
Member present: Representatives Blackburn, Shimkus, Latta,
Guthrie, Olson, Bilirakis, Johnson, Long, Flores, Brooks,
Walden (ex officio), Doyle, Clarke, Loebsack, Ruiz, Eshoo,
McNerney, and Pallone (ex officio).
Staff present: Jon Adame, Policy Coordinator,
Communications and Technology; Robin Colwell, Chief Counsel,
Communications and Technology; Kristine Fargotstein, Detailee,
Communications and Technology; Margaret Tucker Fogarty, Staff
Assistant; Adam Fromm, Director of Outreach and Coalitions; Tim
Kurth, Deputy Chief Counsel, Communications and Technology;
Sarah Matthews, Press Secretary, Energy and Environment; Austin
Stonebraker, Press Assistant; Evan Viau, Legislative Clerk,
Communications and Technology; Hamlin Wade, Special Advisor for
External Affairs; Jeff Carroll, Minority Staff Director;
Jennifer Epperson, Minority FCC Detailee; Evan Gilbert,
Minority Press Assistant; Alex Hoehn-Saric, Minority Chief
Counsel, Communications and Technology; Rick Kessler, Minority
Senior Advisor and Staff Director, Energy and Environment; Dan
Miller, Minority Policy Analyst; and Andrew Souvall, Minority
Director of Communications, Member Services, and Outreach.
OPENING STATEMENT OF HON. MARSHA BLACKBURN, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF TENNESSEE
Mrs. Blackburn. The Subcommittee on Communications and
Technology will now come to order, and the Chair recognizes
herself for 5 minutes for an opening statement. And good
afternoon to everyone, and welcome to our last hearing of this
Congress.
Over the last 2 years, it has been my pleasure to work with
everybody on the subcommittee and many of you that are here in
the room today on wide-ranging and important legislation to the
communications and technology industry. Though we occasionally
have had our disagreements, we have really gotten a lot done,
and it is work that the American people have wanted to see
accomplished.
Nothing demonstrates this more than RAY BAUM'S Act, which
was jam-packed with this year's top communications priorities,
as well as many other bills many of you have worked on for the
last several years, and we achieved through consensus and
compromise from everybody around the table, both here and in
the Senate, some good directives. And I thank everyone for the
work on that.
RAY BAUM'S is one of the most comprehensive
telecommunications laws in two decades. Prior to RAY BAUM'S
Act, the FCC had not been reauthorized since 1990. And first
questions will go to whomever can tell me what was the top
Christmas movie of 1990.
You all have no social IQ there. No, it wasn't ``Grinch,''
it was ``Home Alone.'' You got it. OK. And then Garth Brooks'
top song that year. I have always got to have a Nashville
connection. In 1990, what was Garth Brooks' top song?
Mr. Long. ``Friends in Low Places.''
Mrs. Blackburn. You got it. Yes, ``Friends in Low Places.''
It would take a politician to know that.
By reauthorizing the Commission, we as authorizers on this
committee gave direction to the agency, reaffirmed the
important missions we have delegated to them, and most
importantly, gave them the necessary tools to be successful in
the 21st century.
We see this in setting up new funds to ensure the broadcast
incentive auction stays on track to be completed in 39 months.
We see this in the new rules that allow spectrum auction
bidders to deposit their upfront payments directly with the
Treasury to ensure that more airwaves, both in the current
pipeline and on the horizon, are brought to market.
And we see this with our bipartisan commitment to focus the
Commission on finding ways to encourage restoration and
resiliency of communication networks after disasters.
At the first hearing of 2018, we gathered to discuss all of
the legislation addressing broadband infrastructure that had
been introduced by every single member of this subcommittee.
Provisions from several of these were ultimately incorporated
into RAY BAUM'S Act.
Also included in RAY BAUM'S Act were provisions from bills
that long have enjoyed bipartisan support, but never could get
enacted into law, like Mr. Scalise's FCC Consolidated Reporting
Act and the Anti-Spoofing Act championed by Mr. Lance and Mr.
Barton.
But despite these breakthroughs, there is still other work
that needs to be done, and with the new year comes a new
opportunity to bring more ideas to the table. I am encouraged
by the bipartisan foundation set by RAY BAUM'S Act, and I am
confident that this subcommittee will build on its success that
we have had in the 115th Congress and keep working on many of
these areas of common interest. Americans deserve no less.
I would like to thank our witnesses for being here today.
And before I yield to Mr. Doyle, I would like to recognize some
of the people who have made our committee so successful during
this Congress.
First, to our wonderful staff. They have stuck together,
worked hard, and on both the Democrat and Republican sides they
have worked well. Mr. Lance, who is not here, who has worked
really hard. My fellow Senator-elect Kevin Cramer, who is
moving on. Mr. Costello, who chose to retire. And Mimi Walters,
who worked so diligently on our FOSTA and SESTA legislation, as
we are working to fight human trafficking and online sex
trafficking.
I am certain that you are going to see the commitment
carried on as we continue to review all aspects of the 1996
Telecom Act.
And with that, I yield 5 minutes to the ranking member, Mr.
Doyle.
[The prepared statement of Mrs. Blackburn follows:]
Prepared statement of Hon. Marsha Blackburn
Good morning and welcome to our last hearing of the
Congress. Over the last 2 years, it has been my pleasure to
work with all of you on the subcommittee on wide-ranging,
important legislation. Though we occasionally have our
disagreements, we have accomplished a lot for the American
people this Congress. Nothing demonstrates this more than RAY
BAUM'S Act, which was jam-packed with this year's top
communications priorities, as well as many other bills many of
you have worked on over the last several years. And it came
through concession and compromise from everyone around the
table, both here and in the Senate-so I want to thank everyone
who was part of that process.
RAY BAUM'S Act is one of the most comprehensive
telecommunications laws in two decades. Prior to RAY BAUM'S
Act, the FCC hadn't been reauthorized since 1990, when ``Home
Alone'' first debuted and Garth Brooks' ``Friends in Low
Places'' was top 5 in the country charts. By reauthorizing the
Commission, we--as authorizers on this committee--gave
direction to the agency, reaffirmed the important missions
we've delegated to them, and most importantly gave them the
necessary tools to succeed.
We see this in setting up new funds to ensure the broadcast
incentive auction stays on track to be completed in 39 months.
We see this in the new rules that allow spectrum auction
bidders to deposit their upfront payments directly with the
Treasury to ensure that more airwaves, both in the current
pipeline and on the horizon, are brought to market.
And we see this with our bipartisan commitment to focus the
Commission on finding ways to encourage restoration and
resiliency of communications networks after disasters.
At the first hearing of 2018, we gathered to discuss all of
the legislation addressing broadband infrastructure that had
been introduced by every member of the subcommittee. Provisions
from several of these were ultimately incorporated into RAY
BAUM'S Act. Also included in RAY BAUM'S Act were provisions
from bills that long have enjoyed bipartisan support, but never
could get enacted into law, like Mr. Scalise's FCC Consolidated
Reporting Act and the Anti-Spoofing Act championed by Mr. Lance
and Mr. Barton on this committee.
But despite these breakthroughs, there is still more work
to be done- and with the new year comes a new opportunity to
bring more ideas to the table. I'm encouraged by the bipartisan
foundation set by RAY BAUM'S Act, and I'm confident that this
subcommittee will build on its success in the 115th Congress
and keep working on the many areas of common interest.
Americans deserve no less.
I would like to thank our witnesses for being here, but
before I yield to Mr. Doyle, I'd like to recognize some of the
people who have made our committee so successful during this
Congress. First, I would like to thank my wonderful committee
staff. They stuck together through a tough year, and made great
strides in achieving our committee's priorities. I would also
like to acknowledge my good friend Leonard Lance, who lead on a
number of bills that moved through this committee; my fellow
Senator-elect Kevin Cramer; Ryan Costello; and of course Mimi
Walters, who played a significant role for this committee's
jurisdiction with enactment of the FOSTA-SESTA legislation as
another tool to fight human sex trafficking--I can assure you
that commitment will carry on as we continue to review all
aspects of the 1996 Telecom Act and other communications laws
next Congress. And with that I will yield to the ranking member
of the subcommittee, Mr. Doyle.
OPENING STATEMENT OF HON. MICHAEL F. DOYLE, A REPRESENTATIVE IN
CONGRESS FROM THE COMMONWEALTH OF PENNSYLVANIA
Mr. Doyle. Thank you.
I want to thank the witnesses for coming before us today.
And I want to thank you, soon-to-be-Senator Blackburn, for
holding this hearing, and congratulations to you.
Mrs. Blackburn. Thank you.
Mr. Doyle. The RAY BAUM'S Act was the result of bipartisan,
bicameral negotiations and good-faith efforts by both sides. I
am glad that so many Democratic priorities were included in
this legislation, including Ranking Member Pallone's Viewer
Protection Act, and SANDy Act, as well as bills led by
Representatives McNerney, Loebsack, Eshoo, Engle, Ruiz, Lujan,
and Matsui. However, much work remains to be done to be sure
that this legislation is carried out as Congress intended.
For instance, while I am glad that we were able to come
together and ensure that broadcasters would have the resources
they need to complete the incentive auction repack, I am
disappointed that the FCC still has not started up the consumer
education program that was authorized and funded by this
legislation.
As Mr. Zachary points out in his testimony, consumers are
in desperate need of education about how the repack impacts
them. While I understand that broadcasters have an incentive to
inform their viewers, Mr. Zachary's testimony shows that
consumers often must be guided through the process of
rescanning their local stations. These are problems viewers are
facing now, and the FCC needs to get into gear.
RAY BAUM'S Act was also consolidated a number of reports at
the FCC into the Consolidated Communications Marketplace
Report, and the Commission is planning to vote on this report
at their open meeting tomorrow. The draft report says that
nearly 100 percent of our country is served by one or more LTE
wireless providers, which is a joke.
Madam Chairman, I would like to add this draft report to
the record so that our colleagues can see what the FCC thinks
about wireless coverage in their districts.
[The information appears at the conclusion of the hearing.]
\1\
---------------------------------------------------------------------------
\1\ The information has been retained in committee files and also
is available at https://docs.house.gov/Committee/Calendar/
ByEvent.aspx?EventID=108785.
---------------------------------------------------------------------------
Mr. Doyle. With data like this, it is no surprise that the
Commission put its mobility fund to auction on hold. The
Commission needs better data in order to proceed with this
auction. They can't put the onus on rural bidders to verify or
dispute another carriers claim of coverage in any given area.
So while I am pleased the FCC has delayed this auction, I
am sorely disappointed that they took so long to do it. This
auction will fund wireless rural broadband deployment for the
next 10 years and we need to get it right.
Another aspect of the RAY BAUM'S Act that I think requires
more oversight is the C-band report that the FCC and NTIA are
required to submit to Congress by September of 2019. This
report will examine the feasibility of allowing licensed,
unlicensed, and shared use of this band. Currently, cable
operators, broadcasters, and public radio use this band to
distribute program using satellite downlinks.
The satellite providers have proposed a private market
transition that would sell off 200 megahertz of spectrum to
wireless companies and consolidate satellite operations into
the upper 300 megahertz of the band. Finding creative solutions
to meet our spectrum needs is crucial, and I think there is
merit to this plan. However, I am very concerned about the
specifics, or lack thereof, that has been proposed so far.
This band is among those that has been identified as key to
deploying our 5G service. Allowing a small group of foreign
companies to handpick which wireless carriers get access to
this critical spectrum raises incredible questions about
competition, rural deployment, transparency, and the public
interest. Our Nation cannot afford to have the FCC sit on the
sidelines while our Nation's 5G future is being decided.
Finally, my community in Pittsburgh was impacted by a
terrible tragedy at the Tree of Life synagogue in Squirrel
Hill. It was the deadliest attack on the Jewish community in
U.S. history. Our community is deeply grateful for the efforts
of first responders that stopped that attack. The first people
that responded were the 9-1-1 call center operators who
received calls from people inside. They helped dispatch the
first units that responded to the scene.
The RAY BAUM'S Act authorized important changes to the way
9-1-1 systems work in hotels and large buildings, and
Representatives Eshoo and Shimkus' leadership on this issue has
been critical. We need to do more particularly as we look at
next generation systems and the funding challenges we face in
deploying the technology nationwide.
Thank you, again, Madam Chair, for convening this hearing.
I wanted to say it has been a pleasure to serve with you on
this committee, and I wish you well in that other body when you
make your move. I look forward to hearing the testimony of the
witnesses here today, and I yield back.
[The prepared statement of Mr. Doyle follows:]
Prepared statement of Hon. Michael F. Doyle
Thank you to the witnesses for coming before us today, and
thank you to Chairman--soon to be Senator--Blackburn for
holding this hearing. Congratulations.
The RAY BAUM'S Act was the result of bipartisan, bicameral
negotiations and good faith efforts by both sides. I'm glad
that many Democratic priorities were included in this
legislation, including Ranking Member Pallone's Viewer
Protection Act and SANDy Act, as well as bills led by Reps.
McNerney, Loebsack, Eshoo, Engel, Ruiz, Lujan, and Matsui.
However, much work remains to be done to ensure that this
legislation is carried out as Congress intended.
For instance, while I'm glad that we were able to come
together and ensure that broadcasters would have the resources
they need to complete the Incentive Auction Repack, I'm
disappointed that the FCC still has not started up the consumer
education program that was authorized and funded by this
legislation.
As Mr. Zachary points out, consumers are in desperate need
of education about how the repack impacts them. While I
understand that broadcasters have an incentive to inform their
viewers, Mr. Zachary's testimony shows that consumers often
must be guided through the process of rescanning their local
stations. These are problems viewers are facing now, the FCC
needs to get it into gear.
RAY BAUM'S Act also consolidated a number of reports at the
FCC into the Consolidated Communications Marketplace Report,
and the Commission is planning to vote on this report at their
open meeting tomorrow.
The draft report says that nearly 100 percent of our
country is served by 1 or more LTE wireless providers, which is
a joke. Madam Chairman, I'd like to add this draft report to
the record, so that our colleagues can see what the FCC thinks
about wireless coverage in their districts.
With data like this, it's no surprise the Commission put
its Mobility Fund Two auction on hold. The Commission needs
better data in order to proceed with this auction. They can't
put the onus on rural bidders to verify or dispute another
carrier's claims of coverage in any given area.
So, while I am pleased the FCC has delayed this auction, I
am sorely disappointed they took so long to do it. This auction
will fund wireless rural broadband deployment for the next 10
years. We need to get it right.
Another aspect of the RAY BAUM'S Act that I think requires
more oversight is the C-Band report that the FCC and NTIA are
required to submit to Congress by September of 2019. This
report will examine the feasibility of allowing licensed,
unlicensed, and shared use of this band. Currently, cable
operators, broadcasters, and public radio use this band to
distribute programing using satellite downlinks. The satellite
providers have proposed a private market transaction that would
sell off two hundred megahertz of spectrum to wireless
companies and consolidate satellite operations into the upper
three hundred megahertz of the band.
Finding creative solutions to meet our spectrum needs is
crucial, and I think there is merit to this plan. However, I am
very concerned about the specifics, or lack thereof, as they
have been proposed so far. This band is among those that has
been identified as key to deploying 5G service. Allowing a
small group of foreign companies to hand-pick which wireless
carriers get access to this critical spectrum raises incredible
questions about competition, rural deployment, transparency,
and the public interest. Our Nation cannot afford to have the
FCC sit on the sidelines while our Nation's 5G future is being
decided.
Finally, my community in Pittsburgh was impacted by a
terrible tragedy at the Tree of Life Synagogue in Squirrel
Hill. It was the deadliest attack on the Jewish community in US
history. Our community is deeply grateful for the efforts of
the first responders who stopped the attack, including the 9-1-
1 call center operators who received calls from the people
inside. They helped dispatch the first units that responded to
the scene. The RAY BAUM'S Act authorized important changes to
the way 9-1-1 systems work in hotels and large buildings, and
Representative Eshoo and Shimkus's leadership on this issue has
been critical. We need to do more, particularly as we look at
next generation systems and the funding challenges we face in
deploying this technology nationwide.
Thank you again, Madam Chair, for convening this hearing,
and I look forward to the testimony of our witnesses.
Mrs. Blackburn. The gentleman yields back.
Mr. Walden, you are recognized for 5 minutes.
OPENING STATEMENT OF HON. GREG WALDEN, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF OREGON
Mr. Walden. Well, thank you very much, Madam Chair. And I
hope your reference to Garth Brooks and ``Friends in Low
Places'' isn't how you will view us once you get to the Senate.
It is a fitting tribute that the subcommittee ends the
115th Congress with a hearing dedicated to RAY BAUM'S Act. As
others have referenced, many of you know Ray spent his life
working to maintain a bipartisan spirit in facing
communications challenges at home in Oregon and all across the
country.
This subcommittee's achievements stand as a reminder of the
potential to work together and to get substantial
telecommunications law across the goal line, even in the face
of gridlock and partisanship elsewhere. And I have every hope
the bipartisanship spirit will continue into the next Congress.
Even before RAY BAUM'S Act became a reality, this
subcommittee worked on two important bills that were signed
into law. Kari's Law assured that if you called 9-1-1, you knew
that that call would go through no matter where you are. And an
important complement to that, the Improving Rural Call Quality
and Reliability Act designed to ensure rural calls don't fall
through the cracks.
These two measures represent significant accomplishments
for public safely, but also for rural areas, and showed that we
could get things done, even for bills like these we tried to
pass before in previous Congresses. And I think they also
whetted the subcommittee's appetite for bigger accomplishments,
setting the stage for the major milestone of RAY BAUM'S Act.
So our work certainly demonstrates the value of working in
a bipartisan manner, especially on public safety legislation.
Together we have helped to ensure that broadcasters won't get
knocked off the air in times of emergencies. The spoofing
provision that was included will help us in moving forward on
the bipartisan swatting legislation that we teed up a few weeks
ago. And, of course, the ranking member's SANDy Act will help
to avail emergency responders of all technologies during
natural disasters.
Now, under RAY BAUM'S Act, the broadcast stations that did
not participate in the incentive auction and were assigned to
new channels have an additional billion dollars for
reimbursement of expenses to make that move. When it became
apparent the original $1.75 billion that was allocated for
these reimbursements wasn't going to be enough, we worked in a
bipartisan way to ensure that we kept our word that these
broadcasters would remain on the air.
Also important was the inclusion of low-powered TV and
translators, which now have funds available for their
reimbursement. These stations bring the benefit of broadcasting
to rural and hard to reach places in my district and countless
others. And I am looking forward to hearing the testimony from
the witnesses on how the repack effort is going. We also made
money available for FM antennas as well, which I don't think
anybody had really contemplated needing prior to that.
While I think we can all agree RAY BAUM'S Act provides a
solid foundation of accomplishment that we can build on in the
next Congress, we also must remember to remain vigilant to
challenges to the jurisdiction of the committee. The
subcommittee has shown its ability to come together when the
jurisdiction of this committee is at stake, whether it be
threats to our communications' networks or consequences of safe
harbors that now shape the internet differently than they did
in its infancy. So I look forward to working with my colleagues
going forward into the next Congress.
Now, there is still work to be done and there is still
obstacles that remain, but I am optimistic we can get things
done.
Lastly, my colleagues and I, we would like to thank
Subcommittee Chairman Marsha Blackburn and Vice Chairman
Leonard Lance, as today is our last hearing with them at the
helm. And I want to extend my sincerest congratulations to you,
Senator-elect, as you will be representing all of the people of
Tennessee in the United States Senate. And I think we all want
Mr. Lance to know how much we valued his thoughtful, effective,
and his very civil public service. And so we thank both of you
for your service and your leadership on this committee and wish
you Godspeed in your next journey.
Thank you, and I yield back.
[The prepared statement of Mr. Walden follows:]
Prepared statement of Hon. Greg Walden
Good morning and welcome to our witnesses, thank you for
being here. It is a fitting tribute for the Subcommittee on
Communications and Technology to end the 115th Congress with a
hearing dedicated to RAY BAUM'S Act. As many of you know, Ray
spent his life working to maintain a bipartisan spirit in
facing the communications challenges we all seek to address.
This subcommittee's achievement stands as a reminder of the
potential to work together and get a substantial
telecommunications law across the goal line, even in the face
of gridlock and partisan divide. And I have every hope that
this bipartisan spirit will continue into the next Congress.
Even before RAY BAUM'S Act became a reality, this
subcommittee worked on two important bills that were signed
into law. Kari's Law assured that if you called 9-1-1, you knew
that call would go through no matter where you are, and an
important complement to that, the Improving Rural Call Quality
and Reliability Act, designed to ensure that rural calls don't
fall through the cracks. These two measures represented
significant accomplishments for public safety but also for
rural areas, and showed that we could get things done, even for
bills like these that we tried to pass before in a previous
Congress. And I think they also whetted the subcommittee's
appetite for bigger accomplishments, setting the stage for the
major milestone of RAY BAUM'S Act.
Our work certainly demonstrates the value of working in a
bipartisan manner, specifically on public safety legislation.
Together, we helped to ensure that broadcasters won't get
knocked off the air in times of emergencies. The spoofing
provision that was included will help us in moving forward on
the bipartisan SWATting legislation we teed up a few weeks ago.
And, of course, the Ranking Member's SANDy Act will help to
avail emergency responders of all technologies during natural
disasters.
Under RAY BAUM'S Act, the broadcast stations that did not
participate in the incentive auction and were assigned to new
channels have an additional $1 billion dollars for
reimbursement of expenses to make that move. When it became
apparent that the original $1.75 billion that was allocated for
these reimbursements wasn't going to be enough, we worked in a
bipartisan way to ensure that we kept our word and that these
broadcasters will remain on air.
Also important was the inclusion of low-power TV and
translators, which now have funds available for reimbursement.
These stations bring the benefits of broadcasting to rural and
hard-to-reach places in my district and countless others. I'm
looking forward to hearing testimony from the witnesses on how
the repack effort is going, given the new funds and the
additional classes of entities who now qualify to have their
moving expenses reimbursed.
While I think we can all agree that RAY BAUM'S Act provides
a solid foundation of bipartisan accomplishments that we can
build on in the next Congress, we must also remember to remain
vigilant to challenges to the jurisdiction of the committee.
This subcommittee has shown its ability to come together
when the jursidiction of this committee is at stake; whether it
be threats to our communications networks or consequences of
safe harbors that now shape the Internet differently than they
did in its infancy.
I look forward to working with my colleagues on both sides
of the aisle to continue the dialogue on those issues next
year.
There is still work to be done, and there are still
obstacles that remain. But I am optimistic that we can work
together next year, in good faith, to continue addressing areas
of common ground.
Lastly, my colleagues and I would like to thank
Subcommittee Chairman Marsha Blackburn and Vice Chairman
Leonard Lance as today is our last hearing with them at the
helm. I want to extend my sincerest congratulations to Rep.
Blackburn, who will represent the people of Tennessee in the
United States Senate. And I want Mr. Lance to know how much I
valued his thoughtful, effective and civil public service.
Thanks to you both for your dedication and hard work.
With that, Madam Chairman, I yield back.
Mrs. Blackburn. The gentleman yields back.
Mr. Pallone, you are recognized for 5 minutes.
OPENING STATEMENT OF HON. FRANK PALLONE, JR., A REPRESENTATIVE
IN CONGRESS FROM THE STATE OF NEW JERSEY
Mr. Pallone. Thank you, Madam Chair. And I also want to
congratulate the Senator-elect on her success and victory. And
we often worked on legislation together, and hopefully when you
go over to the Senate, you will be continuing to work on
telecommunications and internet issues, so we will continue to
work together on a bicameral basis now as well.
The RAY BAUM'S Act is a fitting tribute to the late staff
director of this committee, a man who committed his life until
the very end to public service. And Ray brought an unflinching
bipartisan approach to legislation. And through our bipartisan
efforts, we were able to include a number of Members' bills as
part of the RAY BAUM'S Act, making important headway on many
issues this committee prioritizes. I can't list them all now,
they are too many, but I just wanted to mention a few sections
that actually have been mentioned to some extent already today.
And perhaps the most prominent provisions within the RAY
BAUM'S Act are those originally stemming from the Viewer
Protection Act. Those provisions make sure viewers across the
country don't lose access to the over-the-air stations they
depend on in the wake of the world's first spectrum incentive
auction that the Federal Communications Commission concluded
last year.
The law dedicated $50 million to educating consumers about
the repack to ensure they do not lose service and suffer
minimal disruption. I understand the FCC is working on that
issue now, and I look forward to hearing about how things are
going from our witnesses.
The final law also included the Securing Access to Networks
and Disasters Act, or the SANDy Act. Superstorm Sandy
devastated my district in New Jersey, and we saw firsthand how
critical communication networks can be during emergencies. Of
course, since then, major hurricanes like Maria and Michael
have once again demonstrated the need for continual vigilance
and preparation. And so-called 100-year storms and floods are
becoming more and more commonplace as a result of climate
change.
The SANDy Act takes an important step towards fixing
longstanding problems by elevating the critical role that
lifesaving communications systems play during emergencies,
whether it be wire line and mobile telephone, the internet,
radio, broadcast TV, cable, or satellite services. This
elevation will help ensure these services can be restored
faster.
And the law also frees up more spectrum for consumers,
targets, oversees robo-callers and fraudsters, deploys
broadband infrastructure to people that desperately need it,
and a lot more. And now the RAY BAUM'S Act is the law of the
land. We must continue working together to rigorously oversee
its implementation, and I look forward to starting that process
today and conducting more oversight hearings in the next
Congress.
[The prepared statement of Mr. Pallone follows:]
Prepared statement of Hon. Frank Pallone, Jr.
The RAY BAUM'S Act is a fitting tribute to the late staff
director of this committee--a man who committed his life until
the very end to public service. Ray brought an unflinching
bipartisan approach to legislation. And through our bipartisan
efforts, we were able to include a number of Members' bills as
part of the RAY BAUM'S Act, making important headway on many
issues this committee prioritizes.
I cannot list them all now. There are too many. But a few
sections stand out to me.
Perhaps the most prominent provisions within the RAY BAUM'S
Act are those originally stemming from the Viewer Protection
Act. Those provisions make sure viewers across the country
don't lose access to the over-the-air stations they depend on
in the wake of the world's first spectrum incentive auction
that the Federal Communications Commission (FCC) concluded last
year.
The law dedicated $50 million to educating consumers about
the repack to ensure they do not lose service and suffer
minimal disruption. I understand the FCC is working on that
issue now, and I look forward to hearing about how things are
going from our witnesses.
The final law also included the Securing Access to Networks
in Disasters Act or the SANDy Act. Superstorm Sandy devasted my
district in New Jersey, and we saw firsthand how critical
communications networks can be during emergencies. Of course,
since then major hurricanes like Maria and Michael have once
again demonstrated the need for continual vigilance and
preparation. So called ``100-year'' storms and floods are
becoming more and more commonplace as a result of climate
change.
The SANDy Act takes an important step toward fixing
longstanding problems by elevating the critical role that
lifesaving communications systems play during emergencies.
Whether it be wireline and mobile telephone, the internet,
radio, broadcast television, cable or satellite services, this
elevation will help ensure these services can be restored
faster.
This law also frees up more spectrum for consumers, targets
overseas robocallers and fraudsters, deploys broadband
infrastructure to people that desperately need it, and more.
And now that the RAY BAUM'S Act is the law of the land, we
must continue working together to rigorously oversee its
implementation. I look forward to starting that process today
and conducting more oversight next Congress.
With that, I yield 1 minute of my remaining time to Ms.
Eshoo and the following minute to Ms. Matsui.
Mr. Pallone. So I would like to yield now the time that I
have left to Ms. Eshoo.
Ms. Eshoo. I thank our ranking member. And I too want to
congratulate our chairwoman going over to the Senate, and I
just know you are going to get net neutrality right over the
line as soon as you get there, and I will be your partner here.
But, seriously, congratulations to you, and I hope that you
remain involved in these issues so that we can partner on them.
And to Leonard Lance, who was just on the floor with--is
Leonard here? No--on the floor with me on the PREEMIE Act, we
are really going to miss him. We are going to miss him. There
isn't a more civil gentle man and gentleman here, so I want to
pay tribute to him and the work that he has done.
And I too think that it is fitting--I think this is our
last hearing--that it is fitting that it is the RAY BAUM'S Act,
the end of this Congress. I think wherever this subcommittee
meets, his presence will always be felt amongst us. And the Act
was done in the spirit of bipartisanship, and that is what Ray
really took pride in. As the chairman of the committee said,
that was his life's work.
I am proud that the Act contained a version of Dig Once. I
think a lot of people are tired of listening to me talk about
Dig Once, because I introduced the legislation five Congresses
ago. I guess maybe something that is so commonsense just takes
a long time, right?
But at any rate, I am really pleased that--it is important
because as much as 90 percent of the cost of deploying fiber
optic cable comes from the cost of digging up roads and burying
the cable. So the bill requires the DOT to establish new
requirements. You all know what it is, I am not going to go
through it. But I do think that in the next Congress that we
can take some additional steps to build on the progress that we
just made with this policy.
And the Act also included the RESPONSE Act, which requires
the FCC to complete a proceeding to provide first responders
with the precise location of a 9-1-1 caller. This is really
essential. This is really essential in our country because it
will save lives, and it is something that the Commission and
the Congress have been trying to get done for years. So I am
proud to have worked with the majority on these priorities. I
know it is not easy to be in the minority, but hail, hail, you
can still get things done. And I think that--no, I really mean
this. You know, most of my time, out of 26 years, the majority
of it has been in the minority, but that hasn't stopped me. I
have never taken on a minority mindset. We are here to get
things done, and I think that in this committee, most
especially, we will continue to.
So thank you. And I thank the ranking member for yielding
to me so much time. Thank you.
Mrs. Blackburn. The gentlelady yields back, and the
gentleman yields back.
This concludes the Member opening statements. And I would
like to remind all Members that, pursuant to committee rules,
they have their opening statements made a part of the record.
We want to thank all of our witnesses for being here today.
Today's witnesses will have the opportunity to give their 5-
minute opening statement, and then we will follow that with
questions.
Our panel includes Curtis LeGeyt, executive VP of
government relations at the National Association of
Broadcasters; Tim Donovan--welcome back, sir--senior VP of
legislative affairs at the Competitive Carriers Association;
Mr. Jeff Cohen, chief counsel of APCO International; and Mr.
Bohdan Zachary, general manager of the Milwaukee Public
Broadcast Station.
We appreciate each of you being here today and preparing
your testimony and getting that in in a timely manner.
Mr. LeGeyt, we will recognize you now for 5 minutes for
your opening testimony.
STATEMENTS OF CURTIS J. LEGEYT, EXECUTIVE VICE PRESIDENT,
GOVERNMENT RELATIONS, NATIONAL ASSOCIATION OF BROADCASTERS; TIM
DONOVAN, SENIOR VICE PRESIDENT, LEGISLATIVE AFFAIRS,
COMPETITIVE CARRIERS ASSOCIATION; JEFFREY S. COHEN, CHIEF
COUNSEL AND DIRECTOR OF GOVERNMENT RELATIONS, APCO
INTERNATIONAL; AND BOHDAN ZACHARY, GENERAL MANAGER, MILWAUKEE
PBS
STATEMENT OF CURTIS J. LEGEYT
Mr. LeGeyt. Thank you.
And good afternoon, Chairmen Blackburn and Walden, Ranking
Members Pallone and Doyle, and members of the subcommittee. My
name is Curtis LeGeyt, and I am the executive vice president of
Government Relations at the National Association of
Broadcasters. On behalf of the thousands of free local
television and radio broadcasters in your hometowns, I
appreciate the opportunity to testify on this committee's
successful passage of RAY BAUM'S Act.
This bipartisan legislation ensures that broadcast
television and radio stations can continue to serve their
communities following the unprecedented repack of nearly 1,000
full-power television stations across the country. Moreover, I
am personally honored to speak to this legislative success,
fittingly named after our beloved NAB colleague, distinguished
public servant, and friend to everyone he met, Ray Baum.
I am confident that everyone on this committee, Members and
staff alike, have fond memories of Ray. Before he was the staff
director of this committee, I was fortunate to have worked with
Ray as a close colleague at the NAB. On the surface, Ray and I
had many differences. We are of different generations,
different faiths, different political meanings, but none of
that mattered to Ray. He was unwavering in his desire to seek
out common ground with everyone he worked with, and his genuine
love of life was disarming not only to me and our other
colleagues at NAB, but also to our adversaries in the policy
space. Having seen those diplomatic abilities firsthand, I have
no doubt that his spirit and unrelenting desire to put aside
differences in advancement of shared priorities enabled the
bipartisan working relationships on this committee that
resulted in the passage of RAY BAUM'S Act. For that, broadcast
viewers and listeners across the country are grateful.
RAY BAUM'S Act will help ensure that broadcast viewers and
listeners can continue to access the stations on which they
rely. Thanks to the committee's inclusion of the Viewer
Protection Act in the final law, $1 billion was provided to
ensure that all impacted television and radio stations are
eligible to have costs associated with this repack reimbursed
by the FCC.
Importantly, this legislation also funds FCC consumer
education efforts as stations move channels, and includes the
SANDy Act so that local broadcasters can access critical
resources to keep their facilities functioning during times of
emergency. For all of this, I am here to say thank you.
Now, as the FCC moves forward with a massively complex
repack process, early warning signs suggest that viewers are
still at risk. In the first phase of the repack, which was
completed 2 weeks ago, 79 stations successfully completed their
moves on time. However, 11 broadcasters were unable to meet
their move deadlines for reasons beyond their control, such as
inclement weather and tower crew availability.
We are gratified that the FCC granted each of these
stations waivers and moved them into subsequent repack phases.
In each of these cases, though, these phase changes could be
done without impacting future station moves. That will not be
the case as the repack moves forward.
The Phase II deadline in April 2019 applies to 116 stations
and is significantly more complex. While broadcasters will do
everything possible to meet their deadlines, this committee
should ensure that the FCC applies a fair waiver standard that
will not force a single station to go off the air or reduce
coverage due to circumstances outside their control, as
Congress intended.
Beyond its policy improvements, the enduring lesson of RAY
BAUM'S Act is that this committee can lead and make meaningful
differences when it works together on a bipartisan basis. In
that spirit, there are two significant issues worthy of your
ongoing consideration entering the next Congress.
First, this committee should ensure that existing users of
C-band spectrum are fully protected and reimbursed should a
portion of the spectrum be reallocated for mobile broadband
use. Second, this committee should allow the expiring
provisions of STELAR to finally sunset as Congress has long
intended. This distant signal license is a subsidy for what are
now two of the largest pay TV providers in the country, and
incentivizes the satellite carriage of out-of-market rather
than local broadcast stations. This practice runs contrary to
Congress' long-stated broadcast policy preference that viewers
are best served by their local stations, and it is no longer
justified.
In conclusion, I would like to thank you again for allowing
me to speak about the bipartisan success of RAY BAUM'S Act. As
Ray would always say, ``Thanks for coming out today.'' I look
forward to answering your questions.
[The prepared statement of Mr. LeGeyt follows:]
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Mrs. Blackburn. The gentleman yields back.
Mr. Donovan, you are recognized for 5 minutes.
STATEMENT OF TIM DONOVAN
Mr. Donovan. Chairman Blackburn, Ranking Member Doyle,
Chairman Walden, and members of the subcommittee, thank you for
the opportunity to testify about how policies enacted in RAY
BAUM'S Act are addressing the digital divide.
CCA is the Nation's leading association of competitive
wireless providers, composed of nearly 100 carrier members
ranging from small rural providers serving fewer than 5,000
customers to regional and nationwide providers serving
millions, as well as vendors and suppliers that provide
products and services throughout the mobile communications
ecosystem. Policies enacted in RAY BAUM'S Act will help these
carriers preserve and expand broadband service in rural
America, while memorializing a good man whose presence and
dedication to public service, particularly to help those in
rural America, touched us all. CCA applauds this committee's
work to pass the Act, a significant bipartisan accomplishment
that impacts a broad range of policy issue areas.
While 5G buzz grabs the headlines, rural America is at a
crossroads. Decisions made by policymakers today can either
launch new innovation, economic growth, and education and
public safety benefits in rural America or broaden the digital
divide leaving rural consumers behind. Fortunately, issues
addressed in the Act move us forward on several key areas.
First, spectrum, the lifeblood of wireless carriers, is a
finite resource only available from the Government. All
carriers need access to spectrum at low, mid, and high bands to
keep up with exploding demand for wireless services. This law
contains provisions that operationally allowed the FCC to
resume holding spectrum auctions, including the current and
planned millimeter wave band auctions.
It also directs the FCC to study incentives to put fallow
spectrum to use to serve rural areas and directs the Government
to identify additional spectrum that can be repurposed for
mobile broadband use. Of particular focus for rural America, it
provided an additional $1 billion to reimburse broadcasters as
the incentive auction process moves forward, so that wireless
carriers that bid over $19 billion to gain access to critical
low-band spectrum can put that spectrum to use to serve
consumers as soon as possible and no later than the
congressionally mandated July 2020 deadline.
Next, the law also focuses on mapping where broadband
services are available. It is impossible to close the digital
divide if we do not have a reliable map showing where service
is and is not available. The law provided resources for NTIA to
coordinate mapping, while separately directing the FCC to
review mobile broadband coverage data for the purposes of
distributing limited universal service fund support.
This effort is particularly timely. Just last week, as the
Mobility Fund Phase II challenge window came to a close, the
FCC launched an investigation into the underlying data after a
preliminary review of over 20 million speed tests triggered
increased concerns that the initial map is fatally flawed.
Congressional oversight and engagement with the FCC is
necessary to make sure a real world map is in place before the
FCC distributes nearly $5 billion in support. Funding decisions
for Mobility Fund Phase II will determine which areas receive
support for the next decade.
Finally, the law takes important steps forward to support
infrastructure deployment. From resiliency to permitting and
accessing Federal lands, these policies provide carriers with
increased certainty as they seek to deploy wireless services
from coast to coast. As the law continues to be implemented,
CCA and our members are at the forefront of closing the digital
divide and to lead the world in next generation wireless
services.
As this committee well knows, there is more work to be
done. We welcome the opportunity in the next Congress to
continue to work with you not only to implement RAY BAUM'S Act,
but also to build on these steps with additional bipartisan
legislative efforts to enhance access to spectrum, base policy
decisions on reliable data, and deploy the wireless
infrastructure necessary for rural America to take part in a
connected mobile future. Thank you for your leadership and
congratulations on enacting this bipartisan bill into law.
In addition, the reauthorizing of the FCC and updating
several agency processes, it includes over a dozen important
legislative proposals to close the digital divide. To borrow a
phrase from Senator King, when it comes to closing a digital
divide, their may not be a silver bullet but there is silver
buckshot. And we want to continue to pursue all of these
opportunities. We support these efforts as steps towards the
overall goal of connecting Americans where they live, work, and
play.
I appreciate the opportunity to testify before this
subcommittee today, and I welcome any questions you may have.
[The prepared statement of Mr. Donovan follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Mrs. Blackburn. The gentleman yields back.
Mr. Cohen.
STATEMENT OF JEFFREY S. COHEN
Mr. Cohen. Chairman Blackburn and Ranking Member Doyle,
thank you for the opportunity to appear before you today on
behalf of APCO International. APCO is the Nation's oldest and
largest nonprofit organization of public safety communications
professionals. It is an honor to be here, having previously
worked with this subcommittee on detail from the FCC. This
included the opportunity of having worked with Ray Baum, who
was a kind and consummate professional that I enjoyed knowing.
9-1-1 is the most critical of the Nation's critical
infrastructure, largely due to the lifesaving work performed by
9-1-1 professionals. They work long hours, often saving lives
or improving the safety of the scene in advance of responding
police, fire, and EMS units. For example, 9-1-1 professionals
instruct callers through first aid, which can mean coaching a
hysterical caller through CPR on a family member. They deserve
recognition and respect for their lifesaving work, but,
unfortunately, the Federal Government through a classification
system managed by the Office of Management and Budget labels
them as office and administrative support occupations. This
must be corrected.
In this regard, I would like to take a brief moment to
thank Representative Shimkus and Representative Eshoo for
joining with Senators Burr and Klobuchar to send a bipartisan
letter to the Office of Management and Budget urgingOMB to
revise the standard occupational classification to accurately
represent the lifesaving nature of the work performed by 9-1-1
professionals.
I applaud the subcommittee for its work on RAY BAUM'S Act.
The provision on location accuracy for 9-1-1 calls, which has
its roots in Ms. Eshoo's RESPONSE Act, really hit the mark by
directing the FCC to consider requiring a dispatchable
location, meaning the door to kick down, for 9-1-1 calls,
regardless of the technological platform used. A dispatchable
location should be used and delivered with every 9-1-1 call.
RAY BAUM'S Act also increased communications resiliency.
For example, by calling for a study on the potential use of Wi-
Fi to contact 9-1-1 when mobile service is unavailable. APCO
has expressed support for exploring Wi-Fi base methods for
contacting 9-1-1, while noting it will be important to address
any cybersecurity implications, methods of routing to the
appropriate 9-1-1 emergency communication center, or ECC, and
accurate location and callback capabilities.
As to the spectrum-related provision of RAY BAUM'S Act, we
appreciate the interest in finding additional spectrum for both
unlicensed and licensed communications. When it comes to
introducing new operations into bands used by public safety to
protect and save lives, notably, 4.9 gigahertz and 6 gigahertz,
APCO has urged caution. Our community is extremely wary of new
spectrum use in bands used by public safety given the long
difficult history of interference to mission critical
communications. We have expressed openness to modern spectrum
sharing techniques, provided that any sharing mechanism is
proven in advance to protect public safety communications.
I next would like to turn to some discussions for how we
can make further improvements in emergency communications. We
need a confidential contact database for carriers and ECCs to
use in the event of outages or other issues that could impact
9-1-1. The original SANDy Act would have directed the FCC to
create such a database, but, unfortunately, this provision did
not become law. When an outage could prevent 9-1-1 calls, the
ECC needs to know how to contact the carrier to gather
information that will assist with mitigating the outage's
impact.
Relatedly, ECCs need real-time situational awareness of
communications network outages in an easily accessible format
that could be integrated into 9-1-1 center equipment. As a
consumer, when my power is out, I can go online to find block
by block maps of impacted areas along with expected restoration
times. Remarkably, ECCs do not have comparable information
about communications network outages. With effective
situational awareness, ECCs will be able to take proactive
measures, such as staging responders or advising the public of
alternate means to seek emergency assistance.
Again, I thank you for the opportunity to present APCO's
views. And, Mrs. Blackburn, thank you for your leadership of
the subcommittee, and best wishes to you as you go to the
Senate. Thank you.
[The prepared statement of Mr. Cohen follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Mrs. Blackburn. The gentleman yields back.
Mr. Zachary, you are recognized for 5 minutes.
STATEMENT OF BOHDAN ZACHARY
Mr. Zachary. Thank you.
Chairmen Blackburn and Walden, Ranking Members Doyle and
Pallone, and members of the subcommittee, thank you for
inviting me to testify today on the RAY BAUM'S Act. My name is
Bohdan Zachary. I am testifying on behalf of Milwaukee PBS,
where I am the general manager, and I am also testifying on
behalf of the 161 public television stations' licensees across
the country.
The RAY BAUM'S Act helped ensure that local public
television stations can continue our important public service
work in areas of education, public safety, and leadership. We
would like to thank the leadership of this subcommittee and
full committee for providing the additional $1 billion in
repacking funding, including $50 million for consumer
education. We also appreciate the SANDy Act, which recognized
stations' roles in emergency communications.
The digital TV transition a decade ago highlighted viewers
need for education about major channel realignments. Our
experience in Milwaukee has proven that investing in extensive
local consumer education is essential to a successful repack.
We changed frequencies on January 8, 2018, because our
licensee, Milwaukee Area Technical College, relinquished our
channel 36 bandwidth in the auction, and we are now channel
sharing on our other channel, channel 10. Milwaukee PBS
launched a 3-month consumer education campaign ahead of the
January 8 event. Our Plan to Scan incorporated on-air and
online platforms and our presence in 11 counties in southeast
Wisconsin. We have about 600,000 monthly viewers, some 38,000
are financial contributors to our stations, the majority of
whom are at least 50 years old.
Making sure our viewers and donors knew how to find our
channels after the repack was essential to sustaining our
broadcast operations and community service. Milwaukee PBS
interacts with our members and viewers on a daily basis in a
variety of ways, ranging from live community engagement events
to social media to a monthly viewer guide magazine, among
others.
Our repack plan always included having staff taking live
calls from viewers using our pledge phone banks. We created
spots talking about the change and ran the sprockets out of
those spots on air, on our website, and in social media. We
chose to far exceed FCC's regulatory requirements knowing that
our Plan to Scan had to be explained over and over again to
take hold in viewers' minds.
In late fall, I was contacted by the local CBS in Sinclair
stations which would begin channel sharing the same day as
Milwaukee PBS. We issued a joint release about that. But on the
day of the change, the two commercial stations had little or no
capacity to take live viewer calls, so they started directing
their callers to our phone lines. Our phone bank was open for
13 hours on January 8. The response was so overwhelming that we
added another half day on the 9th.
Between the phone bank and other calls handled by viewer
services, we received more than 800 calls over those 2 days,
with some calls lasting as long as 1 hour. Some of the calls
were very technical and station staff had to help viewers
identify which brand television and remote they had and how
they received our signal in order to help them rescan.
We had a new wave of callers in May from snowbirds
returning home to Milwaukee who had been out of State when our
education campaign began. We were fortunate to be able to
invest part of our auction proceeds in our consumer education
plan. However, the 149 public television stations that are
being involuntarily repacked do not have those same resources,
yet they have the same urgent need to educate viewers.
Public television can and should play a critical role in
coordinating the consumer education efforts for their entire
markets, both public and commercial, just like we did at
Milwaukee PBS. Of the $50 million in consumer education
funding, the FCC should dedicate a significant portion to local
outreach initiatives, coordinated by interested public
television stations for their entire market. We really can make
a difference. This approach will ensure that every market has a
robust, locally focused consumer education campaign that will
prepare viewers for complex changes in their markets.
The consumer education funding that Congress provided needs
to be put to use as soon as possible if it is to have a
beneficial impact. The Phase I deadline has already passed, and
Phase II deadline is only 4 months away. Public television
stations are working hard to repack successfully.
We look forward to working with the committee and the
Commission to complete this transition efficiently and
successfully, just the way public television's dear friend, Ray
Baum, would have wanted it. Thank you.
[The prepared statement of Mr. Zachary follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Mrs. Blackburn. The gentleman yields back.
And that concludes our testimony, and so we will move to
our question and answer portion.
Mr. Donovan, I want to start with you. In RAY BAUM'S, we
put some attention on addressing rural broadband deployment,
which has been important to several of us on this committee as
we have worked through, and some of that focused on spectrum,
but most of it really focused on getting rid of barriers and
obstacles and things that would hurt siting that would address
existing infrastructure, so things that would help speed
deployment.
And I would like for you to talk for a couple of minutes
about what your members are experiencing in terms of their
ability to get equipment deployed and kind of where they are in
this process. How is it rolling out?
Mr. Donovan. Thank you. Thank you for the question. And
there are several different provisions that were included in
the law that do help on this. A lot of them that help for
deployment in rural areas are focused on Federal lands in
particular where there have been unique challenges in going
through the permitting process and seemingly never ending
delays. Some of those we are going to keep watching them as
they are implemented.
I think that at the top line, the message has gotten across
that the agencies should prioritize broadband deployment. There
still are some issues with local land managers, Forest managers
on making sure that that process goes through at that level.
Things like making sure we don't get into cycles where
applications are deemed incomplete so shot clocks don't begin;
things like continuing to build on Dig Once policies,
especially along Federal right-of-ways that can make a huge
difference as we seek to expand service.
So we are excited about a lot of the provisions. We are
coming up on some of the deadlines that were in there for days
after enactments. So we are watching those closely and we will
be sure to report back on the progress as it moves along.
Mrs. Blackburn. Great. And when we talk about next year and
next Congress, what do you see as the biggest challenges that
are coming up for your members, and where should that focus be?
Mr. Donovan. So our members are very excited about the
opportunity to revisit a broader infrastructure package with a
specific focus on broadband. We want to make sure that it is an
all-of-the-above approach where--you know, streamlining helps,
tax incentive helps, but we also need real funding to be able
to get to the very hard-to-reach areas.
I think as I talked about in my opening statement, though,
we need to make sure before we move forward with some of these
efforts that we update our data. Right now, to quote
Commissioner Rosenworcel, at an event she was speaking on
mapping earlier today, it is a mess, and we really do need to
fix that so that we can figure out where we do need to take
steps to streamline deployment.
Mrs. Blackburn. Well, and let's stay with that because, you
know, we have talked about that not only from the FCC, but the
NTIA, and the farm bill is going to make certain that RUS is
consulting, I guess would be the proper word, with these two
entities. But when we talk about these maps and getting them
cleaned up, talk about it in relationship to your members and
the decision process they go through based on what is there
with this map mess that we are trying to address.
Mr. Donovan. So we, with the steps--the positive steps that
we have made, is now there is starting to be some
standardization across these maps. Carriers will report back
data in what they are asked for, and the more precise you are
is the more precise they can be, that helps make piece it
together data from different carriers to have one map. If you
are comparing apples to apples, it is a lot easier to build a
map than if you are comparing across different standards. So we
need to make sure that the ask for carriers on the front end is
correct.
What we have also learned is that you can't put the entire
burden on fixing that map on carriers, on State governments, on
local governments. The challenge process we have experienced in
Mobility Fund Phase II is extremely onerous. And while those--
well, as I mentioned, over 20 million speed tests have been
conducted; those have been overwhelmingly showing that there is
not qualifying service. That is very concerning because our
carriers only got to a small portion of the areas that they
would have liked to challenge because of time restraints and
resource restraints, as well as some that viewed the challenges
just too big to even endeavor. So we need to go back and make
sure we are fixing the underlying map so that we can actually
take steps forward.
Mrs. Blackburn. The gentleman yields--or I am going to
yield back my time.
And I thank you for the questions. Mr. Doyle. And I also
want to remind Members, we are going to have votes at 3:45.
Mr. Doyle. Thank you, Madam Chair.
Mr. Donovan, I am going to stay with you. Are your members
concerned that the proposed secondary market transition in the
C-band could leave rural providers behind? And do your members
feel like the FCC should play a greater role in any potential
transaction in that band?
Mr. Donovan. Thank you. And I appreciate your remarks in
the opening about how critical the C-band is to broadband
deployment. When we are talking about 5G, it is important to
have low-band spectrum that has wide coverage distance. Higher
band spectrum can support really fast speeds that we are just
sort of starting to get a grasp of what that looks like. That
C-band is so-called mid-band spectrum, it is kind of our
Goldilock spectrum for it, so we really want to make sure that
it is at the cornerstone of 5G build-out.
As our members are reviewing different proposals, at this
point, the FCC record fails to establish how a private sale
could ensure the same procedural protections and market
protections of an FCC auction. The FCC auction program has been
tremendously successful, generating significant funds for a lot
of purposes, from deficit reduction to creating funds for Next
Gen 9-1-1 deployment, for reimbursing in the incentive auction
example, broadcasters relinquishing spectrum. So that is a
proven process. To move away from that, we haven't seen what we
need to see yet to have faith that that is going to be the
right solution.
Mr. Doyle. Thank you. Let me ask you another question. The
AIRWAVES bill that Representative Lance and I
introducedincluded a rural dividend mechanism that would take a
proportion of the spectrum auction revenue and put it towards
broadband build-out. Do your members think this is an idea that
has merit? And what impact would it have on deployment of rural
broadband?
Mr. Donovan. Thank you. It is a great idea. It has merit,
and we hope to see that that idea comes back with the next
Congress in whatever legislative vehicle you can put it in. CCA
did commission a study on if this were in place before the
beginning of the current millimeter wave band spectrums, I am
happy to provide that to the committee if that is helpful. That
shows not only immediate investment in rural broadband
deployment, but also in the rural GDP with specific advantages
in transportation and agriculture, in telemedicine. So it is an
idea that certainly has merit and we would support continuing
to push.
Mr. Doyle. Well, I can tell you that I will be looking for
a partner to take Mr. Lance's place on the Republican side as
we reintroduce that bill.
Mr. Cohen, let me ask you, in your testimony, you discuss
the need for Federal investment to deploy Next Generation 9-1-1
technology. I have seen estimates that this upgrade could cost
upwards of $10 billion. Without investment by the Federal
Government, how long would it take to deploy NG9-1-1 services
nationwide?
Mr. Cohen. Thank you for the question. If the past is any
indicator, we are concerned it may take many years. And, in
fact, some areas of the country may never transition to NG9-1-1
in 10 years or more. It is 2018 now, and most of the 9-1-1
networks across the country use technology that is upwards of
50 years old. And even in a few areas of the country where some
States or localities have attempted to start implementing pre-
NG9-1-1 facilities, it is costly, it is proprietary, and it
lacks interoperability.
So we have a lot of concerns already today. And without a
big focus by the Federal Government, I think on Next Generation
9-1-1 we really won't get there, especially not in a uniform
fashion.
Mr. Doyle. Thank you. My last question. Mr. Zachary, in
your testimony, you discussed the challenges that consumers are
facing as part of the incentive auction repack. Are you
concerned that consumers are already being left behind as this
repack has already begun? And what do you think are the
consequences of not providing consumers with the information
and resources they need to understand and adjust it to the
changes that are coming?
And I would ask Mr. LeGeyt the same question on how his
members feel. We will start with you.
Mr. Zachary. Thank you. I will begin, as a general manager
of Milwaukee PBS, I can talk on behalf of what we do, and I
think we mirror much of the rest of the country in that we need
to provide, at no cost, by all means, the services that the
public has become accustomed to getting from us. And I think
without education, there are going to be a lot of viewers who
are going to throw their hands up and not know what to do.
What I didn't say in my testimony is we are still getting
calls to this very day. Our head of engineering is still
talking to people every day who are having problems. We are in
a market that has--is the eighth highest usage of over-the-air
digital antennas, and we have people calling, saying, I am
losing signal----
Mr. Doyle. Let me give Mr. LeGeyt the last 10 seconds.
Mr. Zachary. Sure.
Mr. LeGeyt. Thank you, Congressman, for the question. What
I would simply add is that Phase I of this massive repack was
just recently completed, and 11 stations were unable to meet
their repack deadlines. As we move forward here, this repack is
only going to become more complex. And our focus is on ensuring
that no viewer is going to lose access to their station due to
an inability to adhere to this very, very aggressive timeline
that the FCC has laid out.
Phase I indicated that there are going to be problems due
to inclement weather, shortages in tower crews, and as these
phases start to bump up against another and impact subsequent
station moves, we forecast some real problems. So we look
forward to working with this committee to ensure that the FCC
implements a fair waiver standard.
Mr. Doyle. Thank you. I yield back.
Mrs. Blackburn. The gentleman's time has expired.
Chairman Walden, you are recognized.
Mr. Walden. Thank you, Chair.
I want to continue down this path, because, obviously, when
we wrote this legislation back in, what, 2012, I think, we gave
the length of time to do the repack and all of that, and I
think we all thought there might have to be some give and take
here. And yet, you got people who bought spectrum and are eager
and ready to get that investment on the ground. So if as we go
forward you can give us some suggestions about what we should
be focused on, I think that would be really, really helpful.
And I think what you are talking about in terms of these
exemptions, individual ones, may make some sense. But there is
going to be a lot of pressure to get this done too, as you
know. And now, I think we have the money in place.
I want to go to you, Mr. Donovan, because we are starting
to see some tangible developments already in my district and
State, and I would like to enter into the record some
documents. One is T-Mobile 600 megahertz deployment in Oregon,
another is their 600 megahertz coverage enhancement plan for
Oregon, and a list of cities and towns where T-Mobile has
deployed 600 megahertz spectrum.
[The information appears at the conclusion of the hearing.]
Mr. Walden. This is really important. I did a roundtable
out in my center part of my district, in John Day, and just to
put this in perspective, on the digital divide piece--and it is
not the wireless, but it all plays together eventually--there
is a town called Seneca where apparently their broadband had
been down, such as it is. It had been down for like 6 weeks.
The city manager in this tiny, tiny little town had to drive 25
miles to get coverage at another town to be able to do her job.
We are working on some of those issues.
And when we left this town, we needed to gas up at John
Day, and we had to pay cash because the online system in John
Day was down, so the gas station couldn't take credit cards. So
this is like real life stuff out there. And this community
applied for a grant from USDA to help close the digital divide
there because there is virtually nobody there. And so this is
where I think the Government can play a role. They were denied
on that grant because their plan didn't have an economic model.
Well, guess what, if you got a town of like 80 people or 30
people or whatever out along somewhere else, there is no
economic--that is why we put these programs together.
And so as we build out the wireless networks and the work
that T-Mobile and others are doing, they are just one carrier,
obviously, that is going to be important, but we have still got
this issue of getting the backhaul and the fiber out and having
enough capacity.
Literally, they had a big fire through this town a couple
of years ago, and they are trying to rebuild some of the homes,
and one of the issues is once you are off, you are off, and
there is no Wi-Fi coming back--there is no connection coming
back. They won't put you on the system that does exist. So, I
mean, all the work we are doing and then you find out it is not
getting to the ground.
So I would love to hear you talk about--a little bit about
what you are seeing in terms of this law and this spectrum and
what it means for wireless communication. And with all of us
going to these devices that seem to be attached to every hand
in the audience and here, what do you see? Are we going to get
there?
Mr. Donovan. Thank you, Chairman Walden. And I really
appreciate your point about the carriers that have showed up
and spent money at the auction, especially smaller, local-based
carriers. They essentially mortgaged the farm to go buy the
spectrum, and until they can put it into use, can't start
monetizing that. And they are the carriers--but the business
plan is that they live there, which is why they are working to
invest in the communities where they live and make sure that
they have the services that everyone wants.
I think oversight is going to be very important as the law
continues to be implemented. As I mentioned, we are just
starting to come up on some of the 270-day deadlines, et
cetera, so we will want to keep watching that, as well as there
is a whole slew of--dozens of additional infrastructure
deployment bills that were introduced earlier this year that we
had several hearings on, things ranging from, you know, only
requiring studying the actual area that is going to be
disturbed land. It seemed like some common sense things that we
would like to see picked up, and if there is an effort to
revisit an infrastructure package to be included in that as
well.
Mr. Walden. Yes, I think the siting, 55 percent of my
district is public lands. And I know very well these siting
problems, trying to get anything done is a real, real
challenge. The town of Mitchell had--I think it was 3 years to
get four power poles put in the ground so they could get 3-
phase power for the first time, because it went across BLM
ground. By the time you do all the environmental, people just
go, how is this so? And so there is a lot to be done.
I agree with you on the mapping; it is something I
complained about when the stimulus was done in the Obama
administration. I complained about it in this round in the
mobility grants. We have got to find out where there is
coverage and where there isn't before we go spending money and
streamline the siting and close this digital divide in America.
And I think that is something we can agree on in a bipartisan
way here going forward.
But what I don't want to see is a bunch of public money
then thrust into areas that already have service and overbuild,
and places like Seneca and John Day and everywhere else are
left off even a two-lane digital road, not a superhighway by
any means.
I know my time has expired, Madam Chair. Thank you.
Mrs. Blackburn. The gentleman yields back.
Ms. Eshoo, you are recognized.
Ms. Eshoo. Thank you, Madam Chairwoman.
I want to compliment each one of you because I think you
have given terrific testimony. I mean, it is understandable,
and the things that you have shared with us are also very
practical.
Mr. Zachary, I want to work with you to resolve the issue
that you highlighted. And I love what you said about Ray; I
think that Ray would have wanted it this way. So you got a hook
in me when you said that. Plus, it is public broadcasting,
which I love.
To Mr. LeGeyt, thank you for representing the broadcasters.
I have a curiosity question. How much money has been raised
from the auction in dollars from the broadcasters? Do you know?
How much have they given--you know, I mean, they were paid
for what they gave up.
Mr. LeGeyt. Right. So that number is in the universe of $12
billion that went to the broadcast industry.
Ms. Eshoo. Wow. That is really something.
To Mr. Donovan, it is good to see you. Hope the babies are
well.
You know that we had these tragic and devastating fires in
California, and I think they have highlighted how vulnerable
our telecommunications infrastructure is to these natural
disasters.
Let me ask you, do you think that there are any Dig Once--I
mentioned it in the statement that I made, about Dig Once and
building on what we finally got to do. Do you think that there
are policies that would help protect this infrastructure from
natural disasters like the wildfires we had in California?
Mr. Donovan. Well, thank you, Congresswoman Anna--
Congressman Eshoo--sorry.
Ms. Eshoo. That is all right.
Mr. Donovan. I think you know what I meant.
Ms. Eshoo. I know it is hard for men, yes.
Mr. Donovan. Well, that is the way my daughter still refers
to you, so--she says your name. So thank you.
And, you know, Dig Once policies can certainly help with
some of the fires, actually twofold. By undergrounding some of
these resources, there is an additional layer of protection.
But then, also, during the recovery point, we deal with
problems of fiber cuts from crews that are going into recover,
to clean up. They are doing their jobs; they are not
intentionally----
Ms. Eshoo. Right.
Mr. Donovan [continuing]. Cutting the fiber, but can
sometimes undo some of the recovery efforts that carriers have
already begun.
So it actually would have twofold benefits by increased
focus on Dig Once policies. So we are certainly not tired of
hearing you talking about it and hope that we can continue that
discussion.
Ms. Eshoo. Uh-huh. Thank you.
To Mr. Cohen, nice to see you again.
I just want to take a moment on location accuracy for 9-1-1
calls. I have been after this one, with others, as you know. I
think it is a very important issue, and the subcommittee has
recognized that, because we have been working on it for several
years.
In your opinion, do you think that Congress and the FCC are
making good progress on improving locations for 9-1-1? How
would you rate it? I like ratings, you can tell today. I am
into ratings.
Mr. Cohen. I would rate it pretty good. We are thrilled
with the RAY BAUM'S Act because dispatchable location is
something that we have been championing for a long time.
Ms. Eshoo. I know you have.
Mr. Cohen. For example, if I call 9-1-1 from this room, I
want the DC office 9-1-1 center to get the street address of
this building and know I am in 2322.
Ms. Eshoo. Right.
Mr. Cohen. And it is as simple as that. And it shouldn't
matter what way I contact 9-1-1.
So we are glad that the FCC started its proceeding. Its
comments were just due yesterday. We will look forward to
reviewing the comments of others and staying active in this
proceeding.
Ms. Eshoo. I hope that ABCO will stay on the issue of the
Next Gen 9-1-1 Act. It got kind of bolloxed up or lost
someplace in this Congress, which is not unusual, for that to
happen to legislation. But we will look forward to working with
you in the new Congress on that, because it is unfinished
business that needs to be--we need to close the loop on it----
Mr. Cohen. Fully agree.
Ms. Eshoo [continuing]. And we will all be better off.
So thank you to all of you for your important work and your
testimony. And every blessing to everyone in the new year.
Thank you.
Mrs. Blackburn. The gentlelady yields back.
Mr. Shimkus, you are recognized.
Mr. Shimkus. Thank you, Madam Chairman.
So we have tried to remove barriers, increase spectrum, and
address public safety issues, as we have talked about, in the
overall processes.
So I want to start with public safety. I am still hearing
concerns about incorrectly routing in my district. Is that a
national concern still? And then, also, can you speak to the--
which I raise all the time, which is the fee diversion
discussion?
Mr. Cohen. Sure. Thank you, Mr. Shimkus.
Routing, yes, has its challenges in wireless because of the
way it is done today by the location of the tower that handles
the call. And because technology has continued to improve, it
is not necessarily the case that the closest tower is the one
that is handling your call. That is something that can be
rectified in a next-generation 9-1-1 environment, but it is
also something the FCC is exploring, and we have been active in
that.
When it comes to MLTS, in our comments just yesterday, in
addition to direct dial, in addition to dispatch location, we
pointed out that you also need to be able to route to the right
9-1-1 center, as well as get a callback number.
So I agree that routing is still an issue, and hopefully we
will be solving these issues going forward.
You also asked about?
Mr. Shimkus. Fee diversion.
Mr. Cohen. Fee diversion. Fee diversion is a terrible
practice. And, frankly, we feel like, in order to end it, it
really has to hurt the States. They are making choices to
divert fees, and they need to have something that hurts more
than doing that.
Our recommendation, along with the fact that we would like
to see the Federal Government help fund a large transition to
next-generation 9-1-1 across the country, if the grant program
is sufficient enough and the cost of losing that money is large
enough, that could end fee diversion right there.
Mr. Shimkus. Thank you.
Let me go to Mr. LeGeyt.
There were some of these repackaging and tower sitings that
finished ahead of schedule, did they not? That was kind of
helpful with at least this problem of some of them not being
late.
And we know in your written testimony, you talked about the
Springfield, Missouri, issue and then that crew and then they
couldn't go up north. What is your analysis on tower training
and the availability of the workforce?
Mr. LeGeyt. Congressman, thank you for the question.
I think if there is one lesson from the first phase of the
auction, it is that there is not enough tower crew
availability, especially high tower crew availability, to deal
with the amount of work that is there. I have a list here of
the 11 stations who are unable to complete their Phase 1 moves,
and in nearly all of the instances, tower crew availability
played at least some role.
So to say exactly what the right number should be, I think
as we move forward to phases of the auction where the vast
majority of the remaining broadcasters and other, effectively,
850 full-power stations are going to be repacked over the next
2 years, layer on top of that those low-power stations and
translators that have been displaced, that is a lot of work.
And we are dealing with a very small number of crews who can
get up and operate on a 2,000-foot tower.
So the need is very, very real. What the solution is, I
think, is more complex.
Mr. Shimkus. Great. Thank you.
I want to end on two things.
One, I have a rural water cooperative that has partnered
with a rural telephone cooperative, where they lay the fiber
underneath the water pipe as they are going out to places that
aren't served. So it is really kind of a Dig Once. But it has
been done locally. I applaud them for it. I think they had to
go through the State commission for some approval. But I am
just very proud of their thinking about doing it one time,
which will be helpful.
The other thing is--I have always highlighted is mapping,
but didn't really raise itself up to the real problem until I
met with some small providers, really, last week. And the
different--we used to call them pipes--the different pipes of
delivering high-speed internet access really have two different
ways to identify service. You know, if it is a fiberoptic cable
to a phone, well, you know. You know it is there. But if it is
cellular signal, it is a circle.
And so I am not sure how we will ever get good mapping. But
I think the point being is we should be able to have an appeal
process in some of these grant programs and low-interest loan
program that are saying, ``Oh, there is a map that covers this
area, there is already competition,'' when there may not be
competition in that area just because it can't be served.
So, something that was raised to me and made more sense as
I have talked to the providers and something I am going to
follow up on.
With that, thank you, Madam Chairman, and I yield back my
time.
Mrs. Blackburn. The gentleman yields back.
Mr. McNerney, you are recognized for 5 minutes.
Mr. McNerney. Well, I thank the Chair, and--well, you
switched with Ms. Eshoo. I thank the Chair.
And, first of all, I want to have my voice join the chorus
congratulating the chairwoman for her elevation to the Senate.
You have been a lady, and despite whether we agree on things,
we have spoken respectfully to each other, and I appreciate
that.
Mrs. Blackburn. Absolutely. Thank you.
Mr. McNerney. I also want to say, I thank the panel for
coming today and preparing--it is not easy, I am sure--but I
would rather this be an oversight hearing where we have
Commissioners in front of us to see what the Commission feels
about the success of the RAY BAUM'S Act and how to improve it.
Mr. Donovan, the RAY BAUM'S Act includes the Improving
Broadband Access for Veterans Act that Mr. Kinzinger and I
introduced. This legislation requires the FCC to examine the
state of veterans' access to broadband internet service and
what can be done to increase access, with a focus on low-income
veterans and veterans in rural areas.
The FCC must seek comment in the proceeding and
subsequent--and submit a report to Congress with findings and
recommendations by March of 2019.
What are some of the ways in which the broadband internet
service can help veterans living in rural areas?
Mr. Donovan. Thank you for the question and for your work
on that important provision that was wrapped into the final
package.
There are so many ways that broadband access can help
veterans as they return home, from education and vocational
training to telehealth services, to mental health services, to
just outreach and connectivity so that they can still feel part
of a unit. We have heard that many times over. So those are all
important services, and you don't have access to any of them if
you don't have that basic connectivity. So that is so
important.
One way that I hope the Commission does look at solving it
is--we had some discussion today about crew availability for
broadcast towers. I would highlight one program called Warriors
for Wireless that specifically focused on training veterans to
have the skills to become tower climbers and identifying a need
where we have a need for additional crews and finding a
workforce that has really been quite successful in programs
like this.
Mr. McNerney. Well, thank you. The Commission should be
looking at ways to improve broadband access and adoption for
veterans rather than impeding veterans' ability to get
connected. The current Lifeline proposal pending at the
Commission would devastate access and service to 1.3 million
veterans across the country who depend on this crucial program,
and I urge the Commission to abandon that proposal.
Mr. Zachary, recognizing the consumer confusion that has
resulted from stations moving as a part of the spectrum repack,
which you discussed, Congress directed the FCC to spend $50
million for customer education on the RAY BAUM'S Act.
As your testimony demonstrates, despite outreach efforts,
consumers flooded your station with calls. As the repack
process proceeds up next year, I am concerned that consumers in
many more cities won't be prepared. Do you know what the FCC is
taking--what steps they are taking to educate consumers with
funds it received?
Mr. Zachary. I will admit that I do not have knowledge of
what they are planning with the $10 million education fund.
I do know that in the public television system we are
equipped, because, as we were talking to our viewers in our
area on a daily basis in any number of meetings, we can be the
ones who can best facilitate getting that message out.
And because we do fundraising drives four times a year,
sometimes more, to raise funds, we are equipped with phone
banks. We know how to work it. And that is why we so much would
like to be part of this effort. I think we can really make a
difference in educating of consumers.
Mr. McNerney. Well, do you think the FCC can be more
transparent in its efforts to educate consumers?
Mr. Zachary. I would like them to be.
Mr. McNerney. Thank you.
Back to Mr. Donovan, the proliferation of the internet-of-
things devices is transforming the world around us. By 2020, it
is expected there will be 20 billion to 50 billion devices
connected around the globe. And many of the devices are
expected to have very weak security provisions that are
susceptible to attack.
Would you agree that we should be concerned about the large
number of IOT devices today and those coming onto the market?
Mr. Donovan. Yes, I would.
I was talking with one of our rural carriers last week in
Wyoming who has identified a potential 8 million new
subscribers for their network, but 5 million of them are cows
and 3 million are sheep. So these are going to be, you know,
very small devices connecting them onto the grid.
It is important to make sure that we have the cybersecurity
components taken care of before you have that type of
escalation of devices contacting the network.
Mr. McNerney. I want to finish by saying I introduced the
Securing IOT Act to establish cybersecurity standards for IOT
devices in this Congress, and we are going to be reintroducing
something like that in the next Congress.
Thank you. I yield back.
Mrs. Blackburn. The gentleman yields back.
Mr. Latta, you are recognized.
Mr. Latta. Well, thank you, Madam Chair. And before I get
started, I would just like to also congratulate you on moving
over to the Senate and Senator-elect. And we look forward to
working with you and accomplishing great things in the years to
come. So congratulations on that.
I also want to thank our panel of witnesses for being with
us today. We greatly appreciate the opportunity to hear from
you all.
And, Mr. Donovan, if I could start with you, it is my
understanding that many of your members are wireless carriers
for rural areas. And earlier this year, I introduced the
Precision Agriculture Connectivity Act with my friend, the
gentleman from Iowa, that is also now included in the farm
bill, that requires the FCC and the USDA to collaborate on the
best ways to meet broadband connectivity and technology needs.
Precision agriculture keeps America's farmlands competitive
internationally.
Whether it is Internet of Things devices, self-driving
machinery, drones, or satellites, precision agriculture
requires more ubiquitous broadband at higher speeds with less
latency.
Would you tell the committee how the Precision Agriculture
Connectivity Act complements provisions enacted as part of the
RAY BAUM'S Act?
Mr. Donovan. Certainly. And congratulations on advancing
that bill forward, and especially with the inclusion in the
farm bill. I know it was quite a lot of work to get it there,
so congratulations.
Mr. Latta. Thank you.
Mr. Donovan. We really appreciate the way that the bill
focuses on the need for connectivity not just where people live
or over roads but over agricultural lands, farmlands,
ranchlands. That is something that Secretary Perdue has really
focused on.
I think using that hand-in-hand with the provisions of RAY
BAUM'S Act, some of the things we have already talked about, in
terms of streamlining deployment, getting fiber further out,
that is going to allow you to then serve the last mile with
wireless coverage over farms so that you can have all these
precision agriculture technologies that are coming online.
We joke with some of our members that we have had
autonomous vehicles in rural areas for years; they are just
painted John Deere green.
So we want to make sure we can continue to have that type
of functionality that is letting farmers use fewer resources,
have higher yields, and really helping drive the economy
forward.
Mr. Latta. Well, thank you.
Let me follow up. Accelerating wireless broadband
deployment is a national priority because study after study
tells us that wireless broadband deployment drives economic
growth, employment, and investment.
In the RAY BAUM'S Act, we appropriated an additional $1
billion on top of the existing $1.75 billion to reimburse
broadcasters for the costs incurred as a result of the repack
and enable a smooth transition and make their spectrum
available for innovative, new wireless broadband deployments.
What more needs to be done to allow for faster wireless
broadband deployment in the form of broadcast spectrum?
Mr. Donovan. I think the whole panel would agree with me in
thanking you for the additional billion dollars to make sure
that we can continue to stay on track.
I think, going forward, the two things that can help most
are setting expectations and promoting accountability. You
know, expectations for broadcasters, for consumers so we can do
those educational efforts, but expectations that let us--we are
now 60 percent more broadcast stations have been cleared than
the FCC had projected we would be at this point. So, while we
have had some waivers that are necessary, it is clear that they
have built some of that into the system.
So we want to make sure that we promote the expectation
that we will stay on this timeline so people can find creative
solutions to keep moving forward.
Mr. Latta. Let me follow up with Mr. LeGeyt.
I believe that no one in this committee wants or intends
broadcast viewers to lose service due to the repack. Would you
like to comment on the repack?
Mr. LeGeyt. Absolutely. And thank you for the question.
Broadcasters are absolutely committed to doing exactly what
Mr. Donovan just suggested, which is to move as quickly through
this repack process as is possible. We have every incentive to
put this repack behind us and ensure that we are focused on
serving viewers across the country.
While Phase 1 was largely successful, there are clear
warning signs that derived from it--namely, what has already
been mentioned by several Members, which is just the
variability caused by tower crew availability as well as
inclement weather.
You know, KBLY, an NBC affiliate in North Dakota, I think
is a very, very good example. It began its work to make its
Phase 1 station move more than a year ago. The crew that was
expected to begin work on its antenna in September was
prevented from starting that work due to a tragic accident in
Missouri. It is a 2,000-foot tower, so there is a limited
number of crews that can work to do that move. You are talking
about equipment that is several tons. You are in North Dakota,
where you have major winds, inclement weather. So, as you start
going further into the fall, you are going to face those types
of delays that prevent work on given days.
So, due to reasons outside of its control, KBLY was not
able to complete its move on time. The FCC understood that,
granted it a waiver to move into a later auction phase.
But as we move forward here, I would just urge this
committee to be working closely with the FCC to ensure that any
station that faces those types of delays, which will interfere
with its ability to reach and serve their viewers, is dealt
with in the same fair manner.
Mr. Latta. Thank you.
Madam Chair, my time has expired.
Mrs. Blackburn. The gentleman yields back.
Mr. Loebsack, you are recognized.
Mr. Loebsack. Thank you, Madam Chair.
Before I ask my questions, I do want to thank you, Madam
Chair, for your leadership on this committee. And, quite
honestly, I am going to miss you calling me Broadband Loebsack
as you go over there. I tell everybody you call me that. I
think it is indicative of the bipartisan work that we have
done. But I want to keep working with you, even though you will
be in the other body. So thank you so much.
Also, there has been so much talked about today that has to
do, obviously, with rural areas such as mine in Iowa. I think
we have real opportunities going forward. While we Democrats
will be in the majority, I think we can continue to work across
the aisle on a lot of issues, because those of us in rural
areas are not just Democrats or just Republicans. There are a
few more Republicans, but there are a lot of Democrats as well.
So I want to continue to do that work across the aisle, as I
have been able to do the last few years now, 4 years I have
been on this committee.
And I do want to thank my friend and my classmate from
2006, Mr. McNerney, for bringing up the veterans issue. I am
going to get to the tower crew thing in a second here, but I
think we have real opportunities to incorporate some of our
concerns about our veterans and the skills that they have
developed. We had a couple Marine children who have done
multiple deployments, and I have visited a lot of our troops
overseas. And they acquire, I think, a lot of skills often that
they can apply then when they come back home, and we don't
utilize them enough in a variety of ways. So that is really
important.
The first thing I do want to talk about, though, is the
Rural Wireless Access Act. And we have been talking about
mapping without talking about that specific legislation,
obviously, up to this point. And I worked with Mr. Costello on
that. Unfortunately, he is leaving the Congress soon, but we
worked across the aisle on that.
And I think I know the answer, Mr. Donovan, to the question
I am going to ask--the first question I am going to ask you. Is
the FCC implementing the Rural Wireless Access Act, yes or no?
Mr. Donovan. No.
Mr. Loebsack. Thank you. I thought that is what you would
say.
And with the recent announcement from the FCC, which I have
here in my left hand, that they will be launching an
investigation--and we have talked about this already today--
into whether major carriers violated the Mobility Fund Phase II
reverse auctions mapping rules and submitted incorrect coverage
maps, it seems like it will be some time before the FCC begins
to fulfill the congressional directive to improve these maps.
And with the recent investigation in mind, what do you
think should be the next steps for making sure Congress and the
FCC can work together to improve these maps?
Mr. Donovan. Well, thank you. And congratulations again on
including the Rural Wireless Access Act into the law.
I think the investigation is important and the FCC should
continue it. Implementation has been held up on your bill in
part because it was required to be done no later than 180 days
after the auction is complete.
Mr. Loebsack. Right.
Mr. Donovan. I think what the investigation makes clear to
us now is that it is vitally important that we standardize that
data before we move to the auction.
Mr. Loebsack. Right.
Mr. Donovan. So we would like to work with you to make sure
that that is the case.
Your bill requiring standardization of the data is very
important so that we do have an accurate map and we don't have
this whole challenge/problem, now leading to an investigation.
Mr. Loebsack. Right.
And speaking of maps and coverage and all the rest, Mr.
Walden and I, we had a conversation prior to the election about
something I had to call him about. And he reminds me that his
district is bigger than my State. And we had to go back and
forth a number of times, and we had dropped calls once we got a
hold of each other. So I would like to see what those maps show
about his part of Oregon and my part of Iowa. I think they
would be pretty inaccurate.
Mr. LeGeyt, I would like to direct my next question to you.
A bill that I have been working on with Markwayne Mullin from
Oklahoma, the Communications Jobs Training Act, would create a
grant program to help train more people who would do the work
of erecting and maintaining these communication towers, these
towers that we have been talking about and you have been
talking about the crew shortage.
My question to you is, what do you foresee in terms of
demand for these sorts of jobs? You have mentioned some
instances where they didn't have enough crew.
Mr. LeGeyt. Thank you, Congressman, for the question. And
this is an important problem, one that you have foreseen in
introducing your legislation, so I want to thank you for that.
I think I would point you to a submission that a number of
tower workers and equipment manufacturers made to the FCC a few
weeks ago, and I am happy to provide it to you, where they say
the following. They outline a number of factors that have
contributed to delays but conclude by saying: The broadcast
tower representatives believe they are witnessing the effects
of an unrealistic expectation of what the repacking of 987
stations entails, and the factors cited above have resulted in
demands on the rigging community that simple cannot be met.
Mr. Loebsack. Wow.
Mr. LeGeyt. So, as it relates to your legislation, the need
is unquestionably there. This is a submission by the
representatives who are doing the work themselves. So would
very much look forward to working with you on that legislation.
Mr. Loebsack. And hopefully in the next Congress, we can
get that accomplished and, again, on a bipartisan basis.
So thanks to all of you for testifying today.
Thanks very much, Madam Chairman.
Mrs. Blackburn. The gentleman yields back.
Mr. Guthrie, you are recognized.
And I remind everyone, the bell will ring for votes at
3:45.
Mr. Guthrie. OK. Thank you, Madam Chairman. And, again,
congratulations to you on your move to the Senate. Hopefully
the Senate will keep the same schedule and we can still fly
together every week. Thanks.
For Mr. Donovan, I want to talk to you first. We were
pleased to have the Spectrum Auction Deposits Act included in
the RAY BAUM'S Act. So I will start with giving you an
opportunity to comment on how you have seen this provision
affecting the prospect of getting more spectrum to market.
And, second, with regard to 3.5 in particular, as I have
heard from one of your members and my constituents, Bluegrass
Cellular, how do you see this Commission rulemaking affecting
broadband access going forward?
Mr. Donovan. Again, Congressman, thank you for your work on
the Spectrum Auction Deposits Act, you know, as a bipartisan
basis. That really is--I can't overemphasize how important that
is. We would not be having the auction that is underway right
now nor any of the auctions that are coming after it had that
not been signed into law.
There is a fundamental problem where, operationally, the
FCC was unable to find a way to collect the deposits in line
with the current law, so that law had to be fixed. And so this
was common sense, and we were really pleased to support that
effort along the way.
With regard to 3.5, thank you for your focus on this. This,
again, is that important midband spectrum that is going to be
so critical to 5G deployments. Bluegrass joined along with
another 20-plus CCA nonnationwide carriers to make sure the FCC
understood the importance of getting the license size right,
finding the compromise on a county basis being that ideal spot
where rural carriers were able to get access to spectrum but we
still could use the right technical standards to deploy 4G
services today and 5G services tomorrow in that important band.
Mr. Guthrie. Thank you.
And continuing, Ms. Matsui and I introduced a bill earlier
this year, the SPECTRUM NOW Act, that would provide access to
SRF resources for Federal agencies to carry out R&D related to
feasibility studies. As we have seen, these studies are
extremely expensive, and we have limited options given the
constraints of CBO's spectrum scoring.
Can you speak to the effectiveness of this bill's approach
of giving Federal agencies more incentive to undertake spectrum
R&D?
Mr. Donovan. I think it is very important. And having the
ability to do the R&D work can help show where spectrum can be
more efficiently used, both for Federal operations but as well
for reallocating spectrum.
Importantly, Administrator Redl at NTIA recently launched
an initiative asking all Federal agencies to report back on
their anticipated spectrum needs over the next 15 years. That
work, going hand-in-hand with R&D, can show what spectrum is
needed to complete the mission and what spectrum can be
repurposed for broadband use.
Mr. Guthrie. Thank you.
Actually, you answered in that one my next question. Ms.
Matsui and I are also working on a bill for more resources to
NTIA to carry out independent R&D activities. So I was going to
ask you what you thought, if they needed resources.
Anybody else want to talk to that? You have really kind of
answered that, but anybody else on the panel want to talk about
more resources for NTIA?
There aren't any? Well, good.
Well, there be no one else wanting to talk, I will yield
back my time.
Mrs. Blackburn. The gentleman yields back.
Ms. Clarke, you are recognized.
Ms. Clarke. Thank you very much, Madam Chair.
Thank you, Mr. Ranking Member.
To our panelists, thank you for lending your expertise
today.
I wanted to move into the space of the SANDy Act within the
context of RAY BAUM'S. And I will start with Mr. Cohen.
How have public safety communications fared during recent
disasters, like Hurricane Michael or the wildfires in
California? Have things improved, or is there more that we
should be doing?
Mr. Cohen. Thank you for the question.
I have more information about Hurricane Michael and not so
much yet from the wildfires.
Ms. Clarke. Uh-huh.
Mr. Cohen. Those kind of disasters are so severe that they
can knock out communications, period. And one thing I know is
that, from the 9-1-1 side particularly, 9-1-1 professionals man
their stations and they are dedicated. And that is also when
their own homes and families are affected by the same
emergency. They also are very creative. And they will lose
service, they will lose connectivity.
I do know of a few examples like where FirstNet came in and
helped restore connectivity between a police station and the
State EOC, emergency operations center; another instance where
they helped provide macro cellular service to a 9-1-1 center.
And even in some cases, I heard that while the wireline
connections for the 9-1-1 centers failed, what they ended up
doing was using cell phones and giving out a 10-digit number to
the public, including one that was serviced by a FirstNet
phone, so that the public could actually call 9-1-1 without
calling 9-1-1 specifically.
Some lessons learned so far, which is things that we have
talked about already, is we also heard from the people that are
affected in these circumstances. We had asked them the
question, would you have benefited from a contact database to
know who to call? They said absolutely, and we still don't have
something like that. And also just to have situational
awareness in a real-time, integrated format of where outages
are occurring.
Thank you.
Ms. Clarke. So, just to add to that, the ranking member and
a number of us on the committee wrote a letter to Chairman Pai
urging him to update the FCC's resiliency framework and expand
it beyond wireless carriers. It has not been addressed yet. It
is long overdue. And we need bold action to protect Americans.
So I understand that the FCC is collecting data regarding
the framework, but has it taken any steps to make it mandatory
or to expand it beyond wireless carriers?
And I think that that goes hand-in-hand with the 9-1-1
operators. No one is blaming the operators. We are concerned
about the infrastructure and the resiliency around it.
Mr. Cohen. Right. No, to my knowledge, the FCC has not yet
taken any concrete steps. They have sought comment.
We would like to see certain things codified, a couple of
things I just mentioned. And also I think it would be important
to extend the framework to other service providers.
Ms. Clarke. And how should the FCC expand the framework to
improve public safety? Would you say it is beyond the wireless
carriers? How would you describe it?
Mr. Cohen. Yes, I think that the cooperative framework the
wireless careers voluntarily agreed to was a very good first
step. And it stemmed from the SANDy Act, the original SANDy
Act.
But to codify some of these things would be helpful,
because then there is a mechanism for oversight. So we would
support that, and especially the few items I mentioned--a
simple thing like a contact database and the situational
awareness piece, which is important not just in disasters. If
there are outages in a network affecting one neighborhood, a 9-
1-1 director needs to know that.
Ms. Clarke. Uh-huh.
Mr. Cohen. And then, of course, yes, extending that model
to other service providers, I think, would be very helpful for
all stakeholders.
Ms. Clarke. Very well.
Madam Chairwoman, before I yield back, I just wanted to
wish you all the best on the Senate side. I appreciate the
relationship and the bond that we have established through the
work on this committee, and I wish you all the best. Look
forward to working with you on the other side of the Capitol.
I yield back.
Mrs. Blackburn. And the gentlelady yields back.
Mr. Olson, you are recognized for 5 minutes.
Mr. Olson. Well, good afternoon. I would like to open with
what is called a point of personal privilege. I want to thank
our chairwoman for her service to America and Tennessee. She is
now leaving this body for a body I spent 9 years working at as
a Senate staffer.
I encourage you, my dear friend, don't get too close to Mr.
Buster, Phil E. Buster. He is not nice to work with here in the
House.
I hope you remember your Davy Crockett and Texas roots as
you move on to the Senate. Fair winds and following seas, as we
say in the Navy.
And you all witnessed a bipartisan act of theft. Right
before me, Ms. Clarke stole my question about resiliency. So I
won't go over that again. Suffice it to say we have learned
lessons from the recent--from Harvey, from Irma, from Maria
that were applied recently with Michael and the fires, so that
is great progress.
My question is for all if you want to chime in, but
basically it is on disaster recovery.
Mr. Cohen, you mentioned that our 9-1-1 infrastructure is
very, very old, 50 years old, and has to be rebuilt. One
problem we are having back home, it is a good problem to have,
but my hometown of Sugar Land has started what is called 3-1-1.
It is basically the same premise as 9-1-1, but it is for
nonemergency calls--hey, a pothole; a tree has fallen down; I
have lost a pet.
We are seeing some confusion about, where should I call?
Should I call 9-1-1? 3-1-1? So have you seen that happening
across the country somewhere else so we could apply lessons
learned to avoid the confusion?
For example, I had a person who didn't know to call 9-1-1.
In our freeway, a refrigerator was in the middle of a road. Do
I call that? Is that an emergency like a--something like a fire
or gunshots? Or just call the city? And so, any idea how we can
help that out? Because it is kind of confusing.
Mr. Cohen. That is true. Thank you for the question.
Well, first, as a general matter, it is a problem across
many 9-1-1 centers that they field too many nonemergency calls.
Centers do vary in terms of the guidance they give to the
general public, but, generally speaking, they say, ``In an
emergency, call 9-1-1.''
Some cities, like Washington, DC, here, also colocate 3-1-
1. And, in those instances, it is good, because it is hard
sometimes for a citizen to decide, apart from the obvious
things that we know isn't an emergency. Your example of a
refrigerator on a highway, that seems to me like an emergency.
But when you colocate and you have a 3-1-1 center as well,
those calls can then be transferred back and forth by the
professionals manning the 3-1-1 and 9-1-1.
But, as a general matter, to answer your question, call 9-
1-1 only in emergencies.
Mr. Olson. That is it.
Mr. LeGeyt, you mentioned in your testimony that local
stations continue to invest in resiliency of their
infrastructure to make sure they can enable interactive--
provide life-saving information during disasters.
However, we have learned that some storms obviously can be
overtaken by the force of nature God creates. And so my
question to you is, can we address some of those problems with
a quicker permitting process, some waivers in the future? Have
you seen some problems with Irma, with Maria, with Harvey, with
Michael, with the fires that we could address now and not wait
until a crisis happens?
Mr. LeGeyt. Thank you, Congressman, for the question. And
as you allude to, you know, of all the things that local
broadcasters do, both television and radio, there is none we
take more seriously than our role of being on the air 24/7 in a
time of emergency.
Very candidly, I think the provisions included in the SANDy
Act--which we have yet to see the full impact, but--are very,
very significant. You know, broadcasters being granted priority
access to fuel, to access their facilities during times of
emergency. A lot of what we have dealt with just logistically,
and it is understandable, given the importance of having, you
know, first responders on the scene, is just an inability to
repair our facilities as quickly as possible.
There are going to be some circumstances where, you know,
it is impossible. But where it is possible, that legislation is
going to significantly improve our ability to get our
facilities back on the air.
Mr. Olson. Yes. One of our local TV stations basically
moved their whole operations from where they have been flooded
twice now. They said, this is enough being flooded. People
depend on the information, the weather radar, all the
information. So thanks for that answer.
A final Christmas question. It is kind of a present. And
this is for you, Mr. Zachary. As we talked before, as a young
boy, I lived in Appleton, Wisconsin, 1964 to 1966, the heyday
of a coach named Vince Lombardi.
My question is for the largest public television station in
Wisconsin. Who is the best quarterback the Packers have ever
had? Is it Bart Starr, Brett Favre, or Aaron Rodgers? Your
listeners want to know--viewers want to know.
Mr. Zachary. I can't answer, because when I get back to the
office, I will be beset upon by varying factions who support
the different----
Mr. Johnson. He is taking the Fifth.
Mr. Olson. Go, Pack, go.
I yield back.
Mrs. Blackburn. The gentleman yields back.
Mr. Bilirakis, you are recognized.
Mr. Bilirakis. Man, I think that is the toughest question
we have ever posed to a person on the dais ever in history. I
mean, that is a tough one. I would say Bart Starr. But, anyway,
I am an old-fashioned guy.
Thank you, Madam Chair. And I appreciate your service in
the House of Representatives. I know you are going to do a
wonderful job representing the great State of Tennessee.
And I will never forget--my dad sends his best as well. I
will never forget you came to Florida for his retirement
banquet and spoke. You were the guest speaker. And I just
appreciate everything you have done for my family and for the
United States of America. And I know there is more to come.
First, I would like to highlight a recent R Street report
that ranked Florida as the best State for broadband deployment
based on a review of each State's State and local regulations.
This system, in conjunction with the RAY BAUM'S Act, will help
Florida lead the development of next-generation internet
services. And I am very excited about the future.
Mr. Donovan, in terms of current regulatory barriers and
making 5G a priority, should we have policies that exempt or
streamline installation of communications facilities that
simply replace older existing ones?
Mr. Donovan. Yes, thank you for the question. And I think
that is common sense, that we should allow that, especially as
we are upgrading networks right now.
You know, 4G built upon 3G networks. 5G is going to build
upon 4G. As you are replacing some of the equipment, you
shouldn't have to go through a whole, entire review process all
times over again.
If the land has already been disturbed, if you are on top
of a roof that has already been studied and you are swapping
out an antenna, it doesn't seem to make any sense to have the
cost, the expense, and the delays that go along with going
through the permitting process again.
Mr. Bilirakis. Very good. That is what I like to hear.
Representing an area always under threat by hurricanes and
storms, I regularly worry about continuity of emergency
communications and systems, as you can imagine. And while we
should try to stick to the transition schedule set out for
repack, we should not unnecessarily threaten an area's public
safety communications if it is within our control.
Mr. LeGeyt, in your testimony, you mentioned that a station
was able to be reassigned to a later repack phase after it
became clear it would not meet the deadline due to
circumstances outside its control.
Can you further describe the process that the station and
the FCC went through in order to get that reassignment? And how
much notice of the move was given to the station before the
Phase 1 deadline? I think that is very important. So, if you
could answer that, I would appreciate it.
Mr. LeGeyt. Thank you for the question. And, obviously, as
we proceed with this repack process, this, from the broadcast
industry's perspective and the perspective of our viewers, is
the critical one.
Stations' preparations for these moves have been underway
for over a year at this point. And so, as stations became
aware--and there were 11 of them in the first phase that were
unable to meet their deadlines. They were working very, very
closely with the FCC, as well as with the NAB, to keep everyone
informed of issues that were arising and the potential for an
inability to meet the deadline as it got closer.
Over the few weeks leading up to the final deadline, formal
petitions were filed with the FCC for waivers of those
deadlines. And as it relates to Phase 1, all of those were
granted, and stations were moved to either Phase II or Phase 3.
I think our real concern as we move forward here is that
those waivers were granted and they were all circumstances
where the move to a subsequent phase did not impact another
station's ability to move in that phase. That is going to
become more and more difficult as we move forward here. But
from the industry's perspective, we are looking for an
assurance--and the relationship with the FCC has been a
constructive one in this--that no station is going to be forced
off the air, regardless, for an inability to comply with a
deadline for reasons outside its control. And that
communication with the FCC is ongoing.
Mr. Bilirakis. Wow. That is good to hear. I appreciate it
very much.
And thank you for your service, Madam Chair, on this
committee and in the House.
I yield back.
Mrs. Blackburn. The gentleman yields back.
Mr. Ruiz, you are recognized.
Mr. Ruiz. Thank you.
Today I want to talk about broadband access issues in
Tribal lands, on Indian reservations. Today's hearing is
critical because it is an opportunity to do a progress report
on the administration's implementation of one of the
committee's most important bipartisan achievements, the RAY
BAUM'S Act.
It is especially important to me because it included my
legislation, the Tribal Digital Access Act, which, if
implemented properly, will take real, concrete steps toward
bridging the digital divide in Tribal communities while helping
neighboring nontribal communities as well.
Under the Tribal Digital Access Act, the FCC is required to
have completed an analysis of broadband coverage on Tribal
lands by the end of March, less than 4 months from now. Yet, to
date, my office has yet to have any interaction with the FCC to
review the methodology of that ongoing study, nor have we
learned of any Tribes having been consulted.
This is especially concerning given the recent Government
Accountability Office report that found the FCC's mapping data
is overstating broadband access on Tribal lands and that they
lack a formal consultation process for Tribes to provide their
input.
Following that report, Ranking Member Pallone and I wrote
to the FCC asking how they plan to fix the deficiencies
identified by the GAO study, as well as for an update on its
effort to comply with my Tribal Digital Access in RAY BAUM'S.
That was more than a month ago, and we have yet to receive any
reply, and that is simply unacceptable.
And I am saying this, as well, in good faith with our
ranking member of this committee, who will soon be the chairman
of this committee, to take note so that we can take this issue
up during the next Congress.
It is becoming abundantly clear that this FCC does not
respect the treaty and trust responsibilities of the Federal
Government to federally recognized Tribes, nor do they view the
accurate accounting of broadband service on Tribal lands as a
priority at all.
And I am not prepared to allow the FCC's inaction on this
issue to prevent us from making meaningful progress to bring
broadband internet to Tribal lands and the surrounding
communities. And I say all this to make sure that we are on the
record so that when we do address this issue in the next
Congress that we have a trail behind us leading up to some
important questions that need to be asked.
However, for this panel, I would like to ask, Mr. Donovan,
your perspective on this important issue. Based on your
experience working with carriers in both rural and Tribal land,
to what extent are the barriers to broadband deployment, such
as distance or unfavorable market conditions, generally the
same barriers to deployment on Tribal lands?
Mr. Donovan. Thank you for the question. And you are right,
they are the same problems, magnified by a lack of
communication in some cases.
What we have found with our members that provide service on
Tribal lands also in partnership with Tribes, as well as Tribal
members that we have, we share your frustration at the lack of
reliable data over where coverage exists. Because it makes it
very challenging to use different grant and subsidiary programs
to build out that service if we can't identify where it is
needed.
Going forward, some of the other things in RAY BAUM'S Act
that could help with that include provisions on freeing up
spectrum in rural areas--that would include Tribal areas--to
make sure that spectrum that is licensed for mobile broadband
use but is not being used in those areas, that we can try and
find some incentives so that carriers and Tribes that do want
to use that spectrum can put it to use to serve people.
Mr. Ruiz. What are some of the unique challenges that
Tribes face?
Mr. Donovan. So some of the unique challenges--and we have
been pleased at finding some unique solutions--I think include
making sure to respect the historical elements that are in
place.
So a good example of that we have with a member that works
with the Navajo Nation that was having trouble finding an ideal
place to locate the cell tower, and, working with the Tribe and
with the shilpa, were able to figure out a design that masked
the cell tower as a chimney on a pueblo, so it doesn't disturb
the appearance of the area but yet provides the connectivity
that they lacked beforehand.
Mr. Ruiz. And, I am sure, some very important culturally
relevant, sacred sites, burial grounds perhaps.
Mr. Donovan. Absolutely.
Mr. Ruiz. And, similarly, do you have any ideas for how the
FCC can address these changes in order to fulfill the second
requirement under the Tribal Digital Access Act, to complete a
rulemaking that will address the broadband access disparity in
these communities? Do you have any recommendations?
Mr. Donovan. You know, as the FCC moves forward with that
proceeding, I hope that they do look at all-of-the-above
solutions. We really need to make sure we have all the tools
available to make sure that we expand broadband, particularly
in difficult, rough terrain and hard-to-serve areas.
Mr. Ruiz. Thank you.
Mrs. Blackburn. The gentleman yields back.
Mr. Johnson, you are recognized.
Mr. Johnson. Thank you, Madam Chairwoman. And let me add my
congratulations to your election victory. And honored to have
served under your leadership here on this subcommittee.
And to my colleague Mr. Doyle, I look forward to working
with you in the 116th to advance these issues.
Mr. LeGeyt, you know, I understand how important it is to
keep the repacking on schedule as much as practically possible.
As you probably know, there are almost 50 full-power television
stations that broadcast to my constituents in rural Appalachia
that are having to move to new channels over the next 18
months. That doesn't count the host of translators which we
need in Appalachia to make sure that the over-the-air
television signals get to homes in our very mountainous, rural
areas.
I know that the FCC has granted waivers for 11 stations in
the first phase that were not able to meet their move deadlines
because of weather issues or because of the shortage of tower
crews.
Are you confident that now as the repack is kicking into
high gear that the FCC will continue to give stations latitude
and grant waivers where appropriate if stations, like the ones
broadcasting in my district, are unable to meet their move
deadlines for reasons outside of their control?
Mr. LeGeyt. Thank you, Congressman, for the question.
We are certainly gratified by the approach the FCC has
taken to those 11 stations up to this point. And, certainly,
the dialogue between our trade association as well as
individual stations that are dealing with moves is an ongoing
one, and it has been a very constructive one.
But we clearly see that this repack is only going to get
more complex as it moves forward. And we do not have assurance
as to how every one of those individual stations--the 50 that
you just cited are certainly top of mind--how the FCC is going
to approach each of these individual waivers.
I would just simply urge you and other members of this
committee to remain engaged with the FCC, as well, to ensure
that they are taking an approach to each of those individual
stations that ensures that no one is going to be forced off the
air for reasons outside its control. And you have a commitment
from the NAB and our industry that we will do everything within
our power to complete these moves as quickly as possible.
Mr. Johnson. Yes. And an old country saying where I am
from: You can't get blood out of a turnip, you know? And there
is only so much you can do when you don't have tower crews and
the weather is prohibiting. Something has to give in those
cases to make sure that those television stations can continue
to broadcast. So I appreciate your answer.
Mr. Donovan, as you know, we share an interest in improving
the quality of our broadband maps, in that there is a lot of
bipartisan concern that what is being produced now in terms of
broadband maps is inadequate. That is why I introduced the
MAPPING NOW Act, which was included in RAY BAUM'S Act, to
require NTIA to resume the national broadband map to accurately
identify those areas that lacked broadband coverage.
In terms of data, in your view, how can we do better? Is
the FCC's reliance on Form 477 data so flawed that we need an
alternative? And does the work NTIA is doing hold the promise
of something better?
Mr. Donovan. Thank you for the question.
And so I think the Mobility Fund is itself an example of
why Form 477 data is not adequate for it. The requirements of
the Mobility Fund required a unique data collection to start
with. What should have been a better map, it did standardize
some factors, but we clearly now know that that did not go far
enough and that map is also fatally flawed.
I think we need to continue to work toward standardization
so that you do have a reliable map that actually looks like the
experience that you have in your district and your constituents
have. Because I remember, when we first met and looked at that
map, that you couldn't believe your eyes, looking at what it
showed for service.
Mr. Johnson. Yes. It was crazy.
Well, you know, RAY BAUM'S Act included a number of actions
to bridge the digital divide, and that is really what we are
talking about here. As we look into the next Congress, what
challenges do your members still face in terms of ability to
move rapidly, deploy, and service unserved rural communities?
And how might we be more helpful? Quickly.
Mr. Donovan. Quickly. I mean, the quick answer, what do
consumers in rural areas want out of 5G? It is the same thing
that everyone else does: low-latency, high-speed networks that
are going to provide all this range of new services.
Mr. Johnson. Right now, my constituents would settle for
1G, you know, in many places, because they don't have a G. You
know, 5 is good, but we have places where we have nothing.
Thank you.
Mrs. Blackburn. The gentleman yields back.
Mr. Long, you are recognized.
Mr. Long. Thank you, Madam Chairwoman. And thank you for
your service all these years in Congress and to this committee
and to this subcommittee. And we are definitely going to miss
you, but you are not going to be far away, thankfully. So good
luck over there on the Senate side.
Mr. LeGeyt, you have noted several times that 11 of the
stations weren't able to complete their deadline, or meet their
deadline. Eleven out of how many?
Mr. LeGeyt. There were 79 stations successfully moved in
Phase 1. So that Phase 1 universe is 90.
Mr. Long. OK.
And several times today, people have referenced the tragic
loss of life with the tower collapse in my district. It was a
tower servicing company out of the State of Washington, and we
are in Missouri, and it is obvious that there is not a lot of
these tower moving companies around. I believe it was the owner
of that company that tragically was killed that day. He told
his men to start down because they knew something was going
wrong, and he stayed to see what it was. And the rest of them
were able to, although sustain some injuries, get out alive.
Can you give us any update on the status of KOZK and if
they are going to be able to meet their move deadline now?
Mr. LeGeyt. Absolutely. So KOZK is a public television
station, so not an NAB member, but high level. I can tell you
that they operated for several months following that tragedy on
some interim facilities where they stayed on the air but did so
under reduced coverage and reduced ability to reach their
viewers.
Mr. Long. At a very low level.
Mr. LeGeyt. A very low level.
They have been able--they were a Phase 1--KOZK was a Phase
1 move, and the station technically was able to meet its Phase
1 deadline. It is currently engaged in a tower share that
enables it to reach the vast majority of its listeners. But
that is a temporary and not a long-term solution.
But as far as the repack process is concerned, they were
able to successfully change frequencies, which, frankly, is
amazing given the horrific circumstance.
Mr. Long. The wireless industry is a job multiplier, and
studies say it generates more than $400 billion in U.S.
spending and is expected to contribute $1 trillion to the North
American economy annually by 2020.
Those are huge numbers, but there is a hitch. Wireless
operators need spectrum to deploy service, of course. And one
of the key bands, the 600 megahertz band, is undergoing the 39-
month transition from broadcast to broadband use. And I know
the people that had purchased some of the broadcast band or
broadband to turn into broadband are waiting patiently.
As the chairman of the full committee mentioned earlier,
what measures have you taken to ensure the stations clear their
old spectrum by the statutory deadline of July 13 of 2020?
Mr. Donovan. Well, thank you for the question.
And all of those statistics point to the fact that delays
in this repack schedule do have real-world consequences as
well. So we want to make sure that we can find ways to safely
complete this and make sure we can stay as much on track as
possible.
I think the fact that all the waivers were granted and that
progress has continued does speak highly of the work that the
Incentive Auction Task Force has done and Congress before that
to make sure to build something into the system, knowing that
the plan isn't always going to go exactly according to plan, to
build in some elasticity there to deal with things through the
waivers and through other processes. And so we will continue to
see that moving forward.
Carriers have also taken steps to assist broadcasters,
including funding additional manufacturing capability so you
could ramp up beforehand to manufacture the antennas needed, as
well as working, in particular, with public broadcasters. One
of our members, T-Mobile, has gone through many efforts to make
sure that, where they can repack early, they are providing them
the assistance that they need to be able to do so.
So we want to continue to work collaboratively with the
broadcasters to make sure that we can put the spectrum to use
as soon as possible.
Mr. Long. OK. And you answered part two of my question in
that interlude, so I appreciate it very much.
And, Madam Chair, I yield back.
Mrs. Blackburn. The gentleman yields back.
Mrs. Brooks, you are recognized.
Mrs. Brooks. Thank you, Madam Chair. And I, too, want to
congratulate you to moving to the other side of the Capitol,
but we are definitely going to miss you and look forward to
your leadership over in the Senate on these same issues.
Because when I think about what you and our ranking member--
today, but soon-to-be chairman of this committee--accomplished
with the passage of the RAY BAUM'S Act and signed into law
earlier this year, it is a critically important piece of
legislation, and I am really proud of your leadership.
And I look forward to working with you as well, Mr. Doyle,
in the future Congress.
I would like to focus very briefly on FirstNet and NG9-1-1.
And I know--this question is for you, Mr. Cohen--you have been
a strong supporter of FirstNet. And I know that APCO certainly
has led efforts among the public safety associations to ensure
that this legislation became a reality and that FirstNet became
a reality.
And since it has been deployed, how would you gauge how
FirstNet and AT&T are performing? What have we learned about
the role FirstNet has played in the recent emergencies,
specifically Hurricane Michael? And how has RAY BAUM'S Act
helped further the implementation and goals of FirstNet?
Mr. Cohen. Thank you for the question.
We are very pleased thus far with the progress of FirstNet
and its partner, AT&T. Congress recognized the need to solve an
interoperability problem and the need to bring first responder
communications into the 21st century. And FirstNet is
delivering on the promise of the legislation that created it
and everything that public safety, united, had asked for.
So the other impact we are seeing, like with the disasters,
is that there is a new focus on public safety communications by
a new service provider, that being FirstNet built by AT&T. So
you are seeing more attention and focus on prioritization of
restoration of service, on deployables being dedicated solely
to solve public safety problems, devices, et cetera.
We had a couple of examples I am aware of from Hurricane
Michael where FirstNet aided a public safety agency to restore
communications from its local emergency operations center to
the State EOC. That is clearly very helpful.
It helped to restore wireless service in the area. And it
also helped restore a piece of 9-1-1 that had failed, a
connectivity piece, such that consumers who couldn't actually
call 9-1-1, because the 9-1-1 facility was down, could call a
10-digit number that the 9-1-1 center was able to broadcast out
to the members.
Mrs. Brooks. OK.
Mr. Cohen. That wireless number was supplied by FirstNet.
So we are seeing the benefits of it as evidenced out of
emergencies as well.
Mrs. Brooks. And is there anything in the RAY BAUM'S Act
that will help us advance the NG9-1-1 efforts?
Mr. Cohen. Well, I would say there are two things.
One, the Stafford Act amendments is what I call the small
but mighty provision. That was really an important change. And
the fact that it enables now a range of service providers to
enter disaster areas and restore service benefits FirstNet, it
benefits all the public safety agencies, it benefits the
public.
The other part that I would highlight is the part on
dispatchable location, the fact that the FCC has been asked to
start a proceeding. Dispatch location is the door to kick down,
it is the gold standard for 9-1-1 location. And that will help
not only in today's 9-1-1 environment but certainly will
dovetail well in a full Next Gen environment.
Mrs. Brooks. OK. Thank you. I have no further questions.
I want to thank Madam Chairwoman for putting a focus on
public safety communications as you have during this year.
With that, I yield back.
Mrs. Blackburn. The gentlelady yields back.
And that concludes our questions. There are no further
Members to ask questions. So we thank you all for being here
with us.
Before we conclude, we do have our unanimous consent
documents: T-Mobile's 600 megahertz deployment in Oregon, from
Chairman Walden; T-Mobile's coverage enhancement plan for
Oregon, from Chairman Walden; a list of cities and towns where
T-Mobile has deployed 600 megahertz, from the chairman; and the
FCC's draft communications marketplace report, from Mr. Doyle.
All submitted. Without objection, so ordered.
[The information appears at the conclusion of the hearing.]
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\1\ The FCC report has been retained in committee files and also is
available at https://docs.house.gov/Committee/Calendar/
ByEvent.aspx?EventID=108785.
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Mrs. Blackburn. And pursuant to committee rules, I remind
all committee members that they have 10 days in which to submit
their questions, and you all have 10 days in which to respond
to those questions.
There being no further business, the subcommittee is
adjourned.
[Whereupon, at 3:59 p.m., the subcommittee was adjourned.]
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