Reps. Mike Doyle (D-Pa.) and Doris Matsui (D-Calif.) have introduced a bill that would free up more spectrum for wireless broadband using a sharing approach.

The Spectrum Innovation Act (H.R. 5378) would free up midband spectrum for mobile broadband and authorize "opportunistic and other flexible uses."

It would make at least 200 MHz of spectrum in the 3.1-3.45 GHz band available for non-federal use (it is currently used by the Defense Department), shared federal and non-federal use, or a combination of the two, with an incentive payment to federal users for facilitating sharing. It also authorizes the president to “withdraw” any federal spectrum assignment to accommodate shared or non-Federal use so long as it does not compromise the federal user.

The reclaimed spectrum would be put up for auction. 

The bill would also require a study identifying even more frequencies in the band that could be freed up.

“[I]t’s essential to make as much spectrum as possible available for improved broadband service for consumers and to promote new, innovative uses of our airwaves,” Doyle, chairman of the House Communications Subcommittee, said of the bill. “The Spectrum Innovation Act would do both.“  

”We stand at a pivotal moment in the development and deployment of next generation networks; the Spectrum Innovation Act will unleash the economic potential of this valuable midband spectrum and give us the tools necessary to meet the communications challenges of tomorrow,” Matsui said.

“The Spectrum Innovation Act of 2021 demonstrates a balanced approach to making critical midband spectrum in the 3.1-3.45 GHz band available for commercial use,” NCTA-The Internet & Television Association said.

“In consultation with relevant federal partners, the legislation would allow this band to be modeled after the successful 3.5-GHz Citizens Broadband Radio Service shared-use approach, which has been proven to protect the important federal uses of the band, garnered an unprecedented number of auction participants and supports a wide range of use cases,” NCTA said.

President Joe Biden has appointed Phil Murphy as a senior advisor to the head of the National Telecommunications & Information Administration, which is the President's principal communications advisory arm.

The current acting head is Evelyn Remaley.

NTIA has some big tasks ahead, including helping hand out billions in broadband deployment subsidies and helping come up with better maps of where that investment is most needed. Then there is securing U.S. networks in an age of online hacks and attacks that threaten national and economic security.

Murphy comes to Commerce from the office of Rep. Mike Doyle (D-Pa.), the chairman of the House Communications Subcommittee, where Murphy was legislative director overseeing Doyle's legislative agenda. He was also staff director of the Congressional Robotics Caucus.

Murphy was among a host of new appointments at Commerce, of whom Chief of Staff Mike Harney said in a statement: “We look forward to working with this diverse group of accomplished professionals to fulfill Commerce’s mission and advance the priorities of the Biden-Harris Administration."

As expected, top House Energy & Commerce Committee Democrats sent FCC chairman Ajit Pai and Federal Trade Commission chairman Joseph Simons "pens down" letters Tuesday (Nov. 10), asking them to stop working on "partisan or controversial' items currently under consideration given the outcome of the presidential election, by which they meant Joe Biden's victory still being challenged by President Trump.

“We note that you have previously welcomed calls from congressional leaders for the FCC to ‘halt further action on controversial items during the transition period.’ We hope you will respect this time-honored tradition now," said House Energy and Commerce Committee chairman Rep. Frank Pallone (D-N.J.) and Communications and Technology Subcommittee chairman Mike Doyle (D-Pa.).

In the letter to both Pai and Simons, they should feel free to act quickly on consensus items.

Read More: Blumenthal Threatens Hold on Simington FCC Nomination 

But as for issues like Sec. 230 reform, for example (though they did not specify any controversial items), they said: "With the results of the 2020 presidential election now apparent, leadership of the FCC will undoubtedly be changing. As a traditional part of the peaceful transfer of power—and as part of our oversight responsibilities—we strongly urge the agency to only pursue consensus and administrative matters that are non-partisan for the remainder of your tenure."

The letter came at about the same time that Sen. Richard Blumenthal (D-Conn.) was threatening to block the nomination of Nathan Simington to the FCC unless he recuses himself from any vote on Sec. 230 reform whenever it happens.

Pai has signaled he was going to circulate an item on Sec. 230.

Read More: Simington Takes Center Stage in Hearing 

“I welcome the letter from chairman Pallone and chairman Doyle," said FCC commissioner and likely candidate for chair in a Biden Administration. "Historically, the FCC has honored the transfer of power from one Administration to the next by pausing any controversial activity. I urge FCC chairman Ajit Pai to follow this past practice in order to ensure an orderly transition of agency affairs. I look forward to continuing to work on the routine and consensus matters currently before the agency.”

"As two of my Republican colleagues observed in 2016, it is long-standing Commission practice that, upon a presidential transition, the agency suspends its consideration of any partisan, controversial items until the transition period is complete," said fellow Democratic commissioner Geoffrey Starks. "Our congressional leaders have called for chairman Pai to respect this precedent, and I expect that he will abide by their request.”

The Democrat-controlled House Communications Subcommittee has scheduled an FCC oversight hearing for Sept. 17 and if its title, "Trump FCC: Four Years of Lost Opportunities,” is any indication, the FCC commissioners should prepare for some tough questions.

If the title were not sufficient, the joint statement from Communications Subcommittee chairman Mike Doyle (D-Pa.) and parent House Energy & Commerce Committee chairman Frank Pallone (D-N.J.) put an exclamation point on the Democrats' unhappiness.

“After four years, this FCC has failed to make broadband any more affordable for consumers, which has exacerbated the digital divide,” they said. “Worse yet, they have not used all the tools at their disposal to blunt the terrible impact COVID-19 has had on Americans struggling to stay connected to schools, work and needed services. We look forward to questioning the commissioners on these and other issues next week.”

One issue Democrats have is that FCC chairman Ajit Pai has said that the E-rate broadband subsidy for schools can't be used to pay for home broadband service or equipment for students.

Pai has said the Communications Act "expressly limits the FCC's use of E-rate program funding to broadband and other services delivered to school 'classrooms' and libraries. Connectivity and devices supplied to students at home unfortunately do not qualify for E-rate support under the law."

Congressional Dems have countered that his reading of the statute is too narrow and that Congress is OK with him interpreting classroom to mean the new home classroom necessitated by COVID-19.

Pai on Thursday (Sept. 10) praised ISPs for working to extend broadband to more students by offering discount service to schools. 

Rep. Mike Doyle (D-Pa.) was hearing the applause around D.C. Thursday after he was named the new ranking member of the House Communications Subcommittee.

“NAB congratulates Rep. Doyle on his selection as Ranking Member of the Communications and Technology Subcommittee," said

NAB President  Gordon Smith, a former senator. "Rep. Doyle is a strong advocate on behalf of consumers and a champion of innovation. We look forward to working with him on pro-growth policies that allow America’s broadcasters to modernize to better serve their local communities.”

“Ranking Member Doyle brings an enthusiasm and long-term commitment for broadband issues and consumer protection that will be a tremendous asset for the subcommittee," said USTelecom President Jonathan Spalter. "The USTelecom community congratulates Ranking Member Doyle and looks forward to working with him to promote policies that will encourage continued investment and innovation to help expand broadband access and adoption across the nation.”

“Congratulations to Representative Mike Doyle (D-Pa.) on being selected as Ranking Member for the Energy and Commerce Committee’s Communications and Technology Subcommittee," said Chip Pickering CEO INCOMPAS. "Mike has been a long time champion of competitive policies that have driven economic growth and saved consumers and small businesses money. Representative Doyle understands that technology issues are pocketbook issues and we look forward to working with him on efforts to promote innovation, competition, and small business growth.”

“Congressman Doyle has a long record of leadership and fighting to promote competition and innovation and protect consumers in communications, internet, and technology markets," said Phillip Berenbroick, senior policy counsel at Public Knowledge. "We look forward to continue working with Congressman Doyle to protect the Open Internet and consumer privacy and promote the deployment of ubiquitous and affordable broadband for all Americans.

“We also thank Congresswoman Anna Eshoo (D-CA) for her superlative leadership of the Communications and Technology Subcommittee, as well as Congressman Frank Pallone (D-NJ) for his support of consumer protections. We look forward to continuing to work with them both.”