5G wireless technology has captured the attention of Congress.  At least 30 5G-related bills have been introduced in the House and Senate this Congress, signaling widespread interest by lawmakers in 5G. Several of these bills, addressing a range of issues including national security concerns, the promotion of U.S. leadership in international 5G standards-setting bodies, and the deployment of domestic 5G infrastructure, have passed through committee with strong bipartisan support.

The Secure 5G and Beyond Act (S. 893, H.R. 2881), introduced this past spring by bipartisan groups of lawmakers in both chambers, would require the president to develop a whole-of-government national security strategy to ensure the safety of 5G wireless systems and infrastructure, in consultation with the Federal Communications Commission (FCC), the National Telecommunications and Information Administration (NTIA), the Department of Homeland Security (DHS), the Director of National Intelligence (DNI), and the Department of Defense (DOD). In particular, the Act calls for the strategy to protect the competitiveness of U.S. companies and the integrity of standards of international standards-setting bodies. The bill, which was reported favorably out of both the Senate Commerce Committee and the House Energy & Commerce Committee earlier this month, also requires an assessment of the full range of threats to U.S. leadership in 5G and future generations of wireless communications systems, and an assessment of the global competitiveness and vulnerabilities of U.S. manufacturers building 5G devices and infrastructure. Negotiations to move these bills to the floorare ongoing in both the House and Senate.

Earlier this month the House Energy & Commerce Committee also passed the Promoting United States Wireless Leadership Act of 2019 (H.R. 4500), which encourages more participation by U.S. companies and other U.S. stakeholders in global standards-setting bodies.

And just last week, the Secure and Trusted Communications Networks Act of 2019 (H.R. 4998), which prohibits spending federal dollars on telecommunications equipment that could pose a threat to critical infrastructure and creates a fund to replace infrastructure equipment manufactured by certain foreign companies, passed the House on suspension of the rules, signaling strong bipartisan support. Negotiations are still ongoing in the Senate. Senator Mike Lee (R-UT) blocked passage of the House bill last week, arguing against the House bill’s use of tax dollars to fund the replacements.

In addition, Congress has also prioritized the allocation of spectrum for 5G.  The 5G Spectrum Act (S. 2881), which would mandate a public auctioning process for C band spectrum and require the FCC to make available at least 280 MHz of spectrum, was reported out of the Senate Commerce Committee and debated on the Senate floor this month. Senator John Kennedy (R-LA) is currently blocking it from moving forward.

Given the ongoing commercial release of 5G in the U.S. through 2020, we expect that legislative interest in 5G issues will continue unabated.

Tags: 5G, Internet of Things (IoT), telecommunications
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Photo of Holly Fechner Holly Fechner

Holly Fechner advises clients on complex public policy matters that combine legal and political opportunities and risks. She leads teams that represent companies, entities, and organizations in significant policy and regulatory matters before Congress and the Executive Branch.

She is a co-chair of…

Holly Fechner advises clients on complex public policy matters that combine legal and political opportunities and risks. She leads teams that represent companies, entities, and organizations in significant policy and regulatory matters before Congress and the Executive Branch.

She is a co-chair of the Covington’s Technology Industry Group and a member of the Covington Political Action Committee board of directors.

Holly works with clients to:

Develop compelling public policy strategies
Research law and draft legislation and policy
Draft testimony, comments, fact sheets, letters and other documents
Advocate before Congress and the Executive Branch
Form and manage coalitions
Develop communications strategies

She is the Executive Director of Invent Together and a visiting lecturer at the Harvard Kennedy School of Government. She serves on the board of directors of the American Constitution Society.

Holly served as Policy Director for Senator Edward M. Kennedy (D-MA) and Chief Labor and Pensions Counsel for the Senate Health, Education, Labor & Pensions Committee.

She received The American Lawyer, “Dealmaker of the Year” award in 2019. The Hill named her a “Top Lobbyist” from 2013 to the present, and she has been ranked by Chambers USA – America’s Leading Business Lawyers from 2012 to the present. One client noted to Chambers: “Holly is an exceptional attorney who excels in government relations and policy discussions. She has an incisive analytical skill set which gives her the capability of understanding extremely complex legal and institutional matters.” According to another client surveyed by Chambers, “Holly is incredibly intelligent, effective and responsive. She also leads the team in a way that brings out everyone’s best work.”

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Photo of Matthew Shapanka Matthew Shapanka

Matthew Shapanka is a strategic policy and regulatory attorney who helps technology companies and other businesses navigate complex, high-stakes legislative, regulatory, and enforcement matters at the intersection of law and politics. Drawing on 15+ years of experience across private practice, the U.S. Senate…

Matthew Shapanka is a strategic policy and regulatory attorney who helps technology companies and other businesses navigate complex, high-stakes legislative, regulatory, and enforcement matters at the intersection of law and politics. Drawing on 15+ years of experience across private practice, the U.S. Senate, state government, and political campaigns, Matt develops comprehensive policy strategies that identify regulatory risks and position clients to shape policy outcomes.

Public Policy and Regulatory Strategy

Matt serves as a strategic advisor to Fortune 200 companies on emerging technology policy, including artificial intelligence regulation, connected and autonomous vehicles, semiconductors, IoT, and national security matters. He translates complex legal and technical issues into actionable legislative and regulatory strategy, building the policy frameworks and advocacy infrastructure that enable clients to influence policy. He develops policy collateral for federal, state, and international advocacy, coordinates multi-stakeholder coalitions, and represents clients before Congress, federal agencies, and state legislative and regulatory bodies.

His technology policy experience includes securing unprecedented Presidential intervention in the $118 billion Qualcomm-Broadcom transaction (for which Covington was recognized as The American Lawyer 2019 “Dealmakers of the Year”), advising Fortune 200 companies on Bureau of Industry and Security connected vehicle rules, and counseling major internet platforms on autonomous vehicle policy across dozens of states.

Matt leads Covington’s state public policy practice, managing complex multistate legislative and regulatory advocacy campaigns. His state-level work includes securing a last-minute amendment to California’s 2023 money transmitter legislation on behalf of a fintech client and representing major technology companies on state AI, autonomous vehicle, and political advertising compliance matters across dozens of jurisdictions.

Matt rejoined Covington after serving as Chief Counsel for the U.S. Senate Committee on Rules and Administration under Chairwoman Amy Klobuchar (D-MN), where he negotiated the landmark bipartisan Electoral Count Reform Act – legislation that updated presidential election certification procedures for the first time in nearly 140 years. He also oversaw the Committee’s bipartisan January 6th investigation, developing protocols that resulted in unanimous passage of new Capitol security legislation.

Both in Congress and at Covington, Matt has prepared dozens of corporate executives, nonprofit leaders, academics, and presidential nominees for testimony at congressional committee hearings and depositions. He is a skilled legislative drafter and strategist who has composed dozens of bills and amendments introduced in Congress and state legislatures, including many that have been enacted into law.

Election and Political Law Compliance and Enforcement

As a member of Covington’s Chambers-ranked (Band 1) Election and Political Law practice, Matt advises businesses, nonprofits, political committees, candidates, and donors on the full range of federal and state political law compliance matters, including:

Election and campaign finance laws
Lobbying disclosure
Government ethics rules
The SEC Pay-to-Play Rule

He also conducts political law due diligence for M&A transactions, counsels major political funders and donors in compliance and enforcement matters, and represents candidates, ballot measure committees, and donors in election disputes and recounts.

Before law school, Matt served in the administration of former Governor Deval Patrick (D-MA), where he worked on policy, communications, and compliance matters for federal economic recovery funding awarded to the state. He has also staffed federal, state, and local political candidates in Massachusetts and New Hampshire.

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