[House Report 117-150]
[From the U.S. Government Publishing Office]


117th Congress    }                                    {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                    {      117-150

======================================================================



 
                         OPEN RAN OUTREACH ACT

                                _______
                                

October 19, 2021.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4032]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 4032) to provide outreach and technical 
assistance to small providers regarding the benefits of Open 
RAN networks, and for other purposes, having considered the 
same, reports favorably thereon with amendments and recommends 
that the bill as amended do pass.

                                CONTENTS

                                                                    Page
  I. Purpose and Summary.............................................. 2
 II. Background and Need for the Legislation.......................... 2
III. Committee Hearings............................................... 3
 IV. Committee Consideration.......................................... 3
  V. Committee Votes.................................................. 4
 VI. Oversight Findings............................................... 4
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures 4
VIII.Federal Mandates Statement....................................... 4
 IX. Statement of General Performance Goals and Objectives............ 4
  X. Duplication of Federal Programs.................................. 4
 XI. Committee Cost Estimate.......................................... 4
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits...... 5
XIII.Advisory Committee Statement..................................... 5
XIV. Applicability to Legislative Branch.............................. 5
 XV. Section-by-Section Analysis of the Legislation................... 5
XVI. Changes in Existing Law Made by the Bill, as Reported............ 5

    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Open RAN Outreach Act''.

SEC. 2. OUTREACH AND TECHNICAL ASSISTANCE TO SMALL PROVIDERS REGARDING 
                    OPEN RAN NETWORKS.

  (a) In General.--The Assistant Secretary shall conduct outreach and 
provide technical assistance to small communications network 
providers--
          (1) to raise awareness regarding the uses, benefits, and 
        challenges of Open RAN networks and other open network 
        architectures; and
          (2) regarding participation in the Wireless Supply Chain 
        Innovation Grant Program established under section 9202(a)(1) 
        of the William M. (Mac) Thornberry National Defense 
        Authorization Act for Fiscal Year 2021 (Public Law 116-283).
  (b) Definitions.--In this section:
          (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information, acting through the head of the Office of 
        Internet Connectivity and Growth.
          (2) Open network architecture.--The term ``open network 
        architecture'' means Open RAN networks and other network 
        elements that follow a set of published open standards for 
        multi-vendor network equipment interoperability, including open 
        core and open transport.
          (3) Open ran network.--The term ``Open RAN network'' means a 
        wireless network that follows the Open Radio Access Network 
        approach to standardization adopted by the O-RAN Alliance, 
        Telecom Infra Project, or Third Generation Partnership Project 
        (3GPP), or any similar set of published open standards for 
        multi-vendor network equipment interoperability.

    Amend the title so as to read:
    A bill to provide outreach and technical assistance to 
small providers regarding Open RAN networks, and for other 
purposes.

                         I. PURPOSE AND SUMMARY

    H.R. 4032, the ``Open RAN Outreach Act,'' directs the 
Assistant Secretary of the National Telecommunications and 
Information Administration (NTIA) to provide outreach and 
technical assistance to small communications network providers 
regarding the use, benefits, and challenges of Open Radio 
Access Networks (Open RAN) technologies.

                II. BACKGROUND AND NEED FOR LEGISLATION

    United States communications service providers rely heavily 
on equipment and services manufactured and provided by foreign 
companies. The increasingly globalized market for 
telecommunications equipment and services has increased 
competition and opened the door to cheaper goods for consumers 
but poses new challenges for the United States, particularly 
for ensuring the security of the telecommunications supply 
chain.
    To support the development of a competitive market for 
trusted, secure network equipment, a growing movement has 
focused on Open RAN network architecture, which relies 
primarily on open-sourced standards and software to operate 
wireless communications networks.\1\ Though now only in a 
nascent stage, Open RAN architecture will potentially allow a 
network operator to choose network components from various 
vendors, rather than relying on one vendor for its entire 
network, spurring the development of a competitive marketplace 
for secure equipment.\2\
---------------------------------------------------------------------------
    \1\Financial Times, Telecoms Networks Look To Fix Huawei Problem 
With Open Source Software (July 26, 2020).
    \2\Id.
---------------------------------------------------------------------------
    While this architecture and related technologies may bring 
advantages to communications network providers and the 
communications supply chain, it could also pose challenges to 
smaller communications providers without the resources to 
integrate several different kinds of vendors and equipment to 
create an end-to-end network. Directing the NTIA to provide 
this assistance to small providers will make it more likely 
that small providers can make informed decisions about adopting 
this network architecture.

                        III. COMMITTEE HEARINGS

    For the purposes of clause 3(c) of rule XIII of the Rules 
of the House of Representatives, the following hearings were 
used to develop or consider H.R. 4032:
    The Subcommittee on Communications and Technology held a 
hearing on April 21, 2021, entitled ``Leading the Wireless 
Future: Securing American Network Technology.'' The 
Subcommittee received testimony from the following witnesses:
           John Baker, Senior Vice President, Business 
        Development; Mavenir;
           John Mezzalingua, Chief Executive Officer, 
        JMA Wireless;
           Tim Donovan, SVP, Legislative Affairs, 
        Competitive Carriers Association;
           Tareq Amin, EVP and Group Chief Technology 
        Officer, Rakuten Mobile; and
           Diane Rinaldo, Executive Director, Open RAN 
        Policy Coalition.
    The Subcommittee on Communications and Technology held a 
legislative hearing on June 30, 2021, entitled ``A Safe 
Wireless Future: Securing our Networks and Supply Chains.'' The 
Subcommittee received testimony from the following witnesses:
           Dileep Srihari, Senior Policy Counsel, 
        Access Partnership;
           Dean Brenner, Senior Vice President--
        Spectrum Strategy and Tech Policy, Qualcomm 
        Incorporated;
           Jason Boswell, Head of Security, Network 
        Product Solutions, N.A., Ericsson; and
           Clete Johnson, Senior Fellow, Strategic 
        Technologies Program, Center for Strategic and 
        International Studies.

                      IV. COMMITTEE CONSIDERATION

    Representatives Colin Allred (D-TX), Tom O'Halleran (D-AZ), 
Richard Hudson (R-NC), and Brett Guthrie (R-KY) introduced H.R. 
4032 the ``Open RAN Outreach Act,'' on June 22, 2021, which was 
referred to the Committee on Energy and Commerce. Subsequently, 
on June 23, 2021, H.R. 4032 was referred to the Subcommittee on 
Communications and Technology. A legislative hearing was held 
on the bill on June 30, 2021.
    On July 20, 2021, the Subcommittee on Communications and 
Technology was discharged from further consideration of the 
bill. On July 21, 2021, the full Committee met in open markup 
session, pursuant to notice, to consider H.R. 4032 and 23 other 
bills. During consideration of the bill, an amendment in the 
nature of a substitute (AINS) offered by Representative 
McNerney (D-CA) was agreed to by a voice vote. An amendment to 
the AINS, offered by Representative Latta (R-OH), was agreed to 
by a voice vote. Upon conclusion of consideration of the bill, 
the full Committee agreed to a motion on final passage offered 
by Representative Pallone (D-NJ), Chairman of the Committee, to 
order H.R. 4032 reported favorably to the House, amended, by a 
voice vote.

                           V. COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there were no record votes taken on H.R. 
4032, including a motion by Mr. Pallone ordering H.R. 4032 
favorably reported to the House, amended.

                         VI. OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

 VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to provide 
technical assistance to small communications providers 
regarding Open RAN Network Equipment and open network 
architectures.

                   X. DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 4032 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

    XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 4032 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. ADVISORY COMMITTEE STATEMENT

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                XIV. APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    Section 1 designates that the short title may be cited as 
the ``Open RAN Outreach Act.''

Sec. 2. Outreach and technical assistance to small providers regarding 
        Open RAN networks

    Section 2 directs the Assistant Secretary to conduct 
outreach and technical assistance to small communications 
network providers, (1) to raise awareness regarding the uses, 
benefits, and challenges of Open RAN networks and other open 
network architectures, and (2) regarding participation in the 
Wireless Supply Chain Innovation Grant Program established in 
the Fiscal Year 2021 National Defense Authorization Act.

Sec. 3. Definitions

    Section 3 defines three terms used in the legislation: 
Assistant Secretary, Open Network architecture, and Open RAN 
networks

       XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    There are no changes to existing law made by the bill H.R. 
4032.

                                  [all]