BARTON SEEKING TO LEAD HOUSE COMMERCE COMMITTEE

Barton has said telecom regulations need an upgrade. In last year’s USTA annual convention (CD Oct 15 p4), Barton said legislation probably would be needed to adjust some regulations. He said telecom rules should “maximize markets and minimize regulation.” He said incumbent local exchange carriers (ILECs) were required to provide competitors access to unbundled network elements (UNEs) below cost, which he said was “wrong” and might require a legislative fix. Also, he said facilities-based competition “isn’t really happening,” which also probably would require legislation “at some point.”

Industry sources said Barton was likely to adopt a telecom agenda similar to that of Senate Appropriations Chmn. Stevens (R-Alaska), widely expected to become Senate Commerce Committee chmn. in 2005. Stevens told USTA in Jan. he would seek the slot -- which most observers said was his for the asking -- and would pursue comprehensive telecom reform in 2005. Stevens and others have said it was unlikely any controversial legislation would be proposed in this election year. But industry sources said Barton was likely to look more favorably at ILECs than was Stevens. Barton was a co- sponsor of the Tauzin-Dingell bill in the 107th Congress.

Any telecom bill in 2005 probably would include an overhaul of the Universal Service Fund (USF). Barton and Stevens have stressed the need for comprehensive USF reform. At USTA, Barton said that while the FCC could fix some problem, others would require legislation. Stevens told USTA too few entities paid into USF, and he has cited cable broadband as a service that should have some USF requirements.

While Barton hasn’t specified how he would seek to reform USF, he did express concern about the fund in a House Telecom Subcommittee hearing Wed. (see separate story, this issue.) When witnesses told him they expected significant VoIP rollout to consumers within 5 years, Barton said he suspected the technology would be adopted faster. He said Congress would have to address USF: “We're going to have to do universal service better than we do it today.”

Barton, who was added to the House Telecom Subcommittee last year, hasn’t introduced a communications-related bill since 1993, when he tried to repeal the Cable Act of 1992. He is in his 10th term in Congress and is chairman of the Commerce Energy & Air Quality Subcommittee. He also is on the House Science Committee. Before being elected, Barton worked in the energy industry.

Tauzin has recommended Barton for the chairmanship. Tauzin drew criticism for his public flirtations with both the MPAA and the Pharmaceutical Research and Mfg. Assn (PhRMA.) While he hasn’t made a decision on PhRMA, he already has publically turned down the MPAA position.

Barton said Wed. he was speaking with House Speaker Hastert (R-Ill.) and Majority Leader DeLay (R-Tex.) about the position and hoped for a quick decision from the Steering Committee, which will decide Tauzin’s successor. “His successor will have his work cut out for him attempting to fill his alligator boots,” Barton said of Tauzin. Also, questions have arisen about the role Rep. Hall (R-Tex.) might play in determining the successor. Hall, a high-ranking Democrat on the Committee last year, switched parties earlier this year.

Barton opposed the Cable Act of 1992, which broadcasters supported and cable operators opposed. However, NAB said he’s been a supporter of broadcasters, particularly Tex. broadcasters. “Joe Barton has always looked out for the interests of local radio and TV stations in Texas and we look forward to working with him,” an NAB spokesman said. Also, Barton has been very vague on DTV and other media issues, but he did recently co-sponsor House Telecom Subcommittee Chmn. Upton’s (R-Mich.) bill (HR-3717) to raise fines on broadcasts of indecent material.