Infrastructure Resiliency Likely Focus of Senate Hearing

The Wireless Infrastructure Association and others are expected to argue at a Tuesday Senate Communications Subcommittee hearing that lawmakers should consider network resiliency issues as they decide the contours of connectivity language in upcoming infrastructure spending legislation. Subpanel lawmakers said they intend to look at how to move forward on a to-be-refiled version of the Reinforcing and Evaluating Service Integrity, Local Infrastructure and Emergency Notification for Today’s (Resilient) Networks Act (see 2102160067) and other resiliency-centric bills. The partly virtual hearing begins at 2:30 p.m. in 253 Russell.

The 5th U.S. Circuit Court of Appeals denied Huawei’s challenge to the FCC ban of the Chinese telecom gear vendor’s equipment from networks funded by the USF under national security supply chain rules (see 2001020027). Huawei sought the review in December (see 2012110017). “If we were convinced that the FCC is here acting as ‘a sort of junior-varsity’ State Department,” the court “would set the rule aside,” said Judge Stuart Duncan for the three-judge panel Friday. “But no such skullduggery is afoot. Assessing security risks to telecom networks falls in the FCC’s wheelhouse.”

Huawei is “assessing” its “options to respond,” a spokesperson emailed. The company continues “to believe the FCC acted without authority in changing” its USF rules. The FCC didn’t comment. Wiley’s Tom Johnson, former FCC general counsel, said he’s “proud to have represented” the U.S. “in this important case.” Matthew Berry, former chief of staff to then-FCC Chairman Ajit Pai, also praised the ruling.

Senate Communications Chairman Ben Ray Lujan, D-N.M., in an interview said the Resilient Networks Act is an example of the type of resiliency legislation the subpanel should be reviewing. It would require FCC rules to “provide for coordination among providers of advanced communications service during times of emergency.” It would mandate rulemakings to improve coordination between providers and public safety answering points and create a master point-of-contact directory. Lujan was one of the co-sponsors last year (see 2002070044).

The Resilient Networks Act remains “a promising piece of legislation,” Lujan told us. “In addition to the work we have to do from an infrastructure perspective, it’s going to take incredible investment across America” to shore up existing networks against manmade and natural disasters. “We’ve seen more and more hacks” against critical infrastructure and “devastation caused by natural disasters,” he said. The U.S. is now dependent “on internet access for reliability in our communities,” so “we need our broadband networks to be resilient” against a range of potential dangers.

Other Senate Communications members are expected to highlight additional resiliency measures, lobbyists said. Sen. Ed Markey, D-Mass., is likely to invoke his Generating Resilient and Energy Efficient Network (Green) Communications Act (S-1506), which would authorize $5 billion for a new NTIA program to fund grants and revolving loans for projects designed to strengthen communications networks’ resiliency and increase energy efficiency (see 2104290079). Sen. Amy Klobuchar, D-Minn., may bring up her refiled Emergency Reporting Act. HR-1250/S-390 would direct the FCC to issue reports and do field hearings after activating the disaster information reporting system.

WIA CEO Jonathan Adelstein told us he plans to tell the hearing that Congress should make connectivity language in an infrastructure spending package more technology neutral if it wants to make that legislation a key driver for addressing network resiliency. Stakeholders worry that President Joe Biden’s call (see 2103310064) to “future-proof” broadband networks will mean too much money goes to fiber.

“Congress has the biggest carrot” it’s ever going to have “to feed resiliency” in the coming infrastructure measure, Adelstein said. “They need to provide flexibility” in a broadband title that will “allow the most resilient technologies to be deployed with it.” Lawmakers should allow “multiple technologies, including fixed and wireless” broadband services to “compete for funding based on priorities like resiliency, speed to market” and ability to combat climate change, Adelstein said.

Congress “ought to be including resiliency as part of the standards” it uses in determining how to fund broadband networks, said Public Knowledge Senior Vice President Harold Feld, who’s among those set to testify. Western Fire Chiefs Association CEO Jeff Johnson and Golden West Telecom CEO Denny Law are also planned witnesses (see 2106160002).

Feld will argue some broadband funding included in a final package needs to be “specifically earmarked for upgraded reliability” and he believes other measures are needed to push carriers to “step up in terms of ensuring that their networks are well built and have suitable redundancy.” He plans to emphasize PK’s support for the Resilient Networks Act and S-1506. PK “would certainly welcome” the Resilient Networks Act, Feld said.