Good morning, and welcome back.

The Federal Communications Commission last week released a tentative agenda for its Sept. 28 open meeting that confirms the commission will move to implement the auctions of broadcast television spectrum approved by Congress earlier this year. The auctions are an attempt to fill the nation's rapidly growing appetite for mobile data consumption by incentivizing stations to relinquish their spectrum, so it can be sold to wireless providers. Even though the auctions have been long anticipated and have yet to even begin, many experts are already predicting that they will fall short of freeing up the necessary amount of spectrum. There have also been concerns over market leaders AT&T and Verizon potentially using their deep pockets to outbid all other auction participants, particularly since Congress expressly limited the FCC's ability to restrict which companies can take part.

The auction will likely do its part to free up more spectrum and sate the short-term need, but in the long term, more airwaves will be needed. That means the Pentagon, which holds more spectrum than any other entity, will have to share or give up some of its sizable holdings. The administration is aware of this and is exploring whether there is a more efficient way to make use of that spectrum when it is repurposed for commercial use. But in the meantime, stakeholders will be paying close attention to the FCC's plan for the auction, particularly the reverse auction procedure that will incent broadcasters to potentially go out of business. If too few stations, or too many stations aimed at a particular community, decide to take the bait, there could be political fallout that would complicate the proceedings.

CRS Report: Federal Networking and Information Technology Research and Development Program (PDF) Also on the September Agenda: The commission will also consider a Notice of Proposed Rulemaking that would initiate a review of its policies regarding mobile spectrum holdings. The FCC will also consider updating or streamlining the licensing requirements for earth and space stations and satellite services. Administration Circulating Draft Executive Order on Cybersecurity: Word is out that the White House is circulating a draft of an executive order that would establish voluntary cybersecurity standards for critical-infrastructure providers, similar to the bill that was rejected in the Senate just before the recess. The news was welcome to sponsors of that legislation, who have repeatedly contended that the United States faces a dire threat of catastrophic cyberattack unless new rules are approved. The draft would reportedly establish a voluntary public-private council to establish industry standards under the authority of the Department of Homeland Security. Companies would likely participate in exchange for incentives such as threat information and liability considerations. Whether such measures would be enough to persuade sectors to sign up for DHS regulation voluntarily remains an open question.

In addition, not all of the Senate bill's sponsors are thrilled by the potential end run around Congress. Top Republican sponsor Sen. Susan Collins of Maine released the statement below detailing her opposition, though other supporters have said they would back such an executive order. That probably won't prevent the White House from moving forward, but more active opposition from industry could. There is also healthy debate on just how far the administration can go without legislative changes. We'll continue to monitor the situation closely.

Quotable: "Experts have repeatedly warned that the computer systems that run our critical infrastructure — our electric grid, water treatment plants, financial networks, and transportation systems — are vulnerable to a catastrophic cyber attack.  Given the threat, I understand the Administration's desire to act, but an executive order should not be a substitute for legislative action.  I am deeply disappointed that the Senate failed to pass our bipartisan bill before the August recess, but it remains imperative that this Congress address this issue.  An executive order could send the unintended signal that congressional action is not urgently needed." — Sen. Collins Surveillance Bill Faces Logjam in Senate: The House will likely pass legislation (HR 5949) this week that would extend a surveillance law that allows the warrantless surveillance of foreign targets, including those communicating with U.S. citizens. A similar measure in the Senate would extend the measure until 2015 instead of 2017, but it faces a hold from Sen. Ron Wyden, D-Ore. Wyden is looking for more data on how many U.S. citizens have been affected by the law. Bills Push for New Emergency Alert System: Two bills introduced earlier this year would authorize funds for the FCC to modernize its public alert system used in the event of natural disasters and other major events. A bill (HR 2904) from Rep. Gus Bilirakis, R-Fla., would set aside $67 million for the cause and gained approval from the House Homeland Security Committee in March. That panel approved a similar bill from Rep. Jeff Denham, R-Calif., the same month, but the Senate Homeland Security Committee has yet to vote on a version of the bill (S 2319) offered by Sen. Susan Collins. The FCC is already in the early stages of planning a new national communications network for first-responders, which could potentially be integrated with the national emergency alert system. The FCC recently conducted its first national test of the EAS and is rolling out new features, such as the ability to send text messages to all wireless subscribers in a particular geographic area. On the Move: Former IBM privacy and information security expert Harriet P. Pearson has joined the Hogan Lovells law firm as a partner. Tech EB on TV: Yours truly joined two of the top tech policy journalists in town over the weekend to preview the autumn action on tech policy from Congress for C-SPAN's "The Communicators." You can catch a replay of the show tonight on C-SPAN 2 at 8 p.m., or watch it online here.