First Session of Congress Ends with DTV on Hold
The first session of the 109th Congress started on a fast track for telecom when the House quickly approved a broadcast decency bill in March, but its performance leaves much for the second session to complete. Chances for completing action on long-awaited DTV provisions ended when no deal was reached 2 days before Christmas. Congress approved a one-year exemption from Anti- Deficiency Act rules for the Universal Service Fund (USF) in Nov. In an effort led by Senate Commerce Committee Chmn. Stevens (R-Alaska), the measure was included in the Commerce-State-Justice appropriations bill.
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The FCC nominees were a last-minute win for Commission Chmn. Martin. In the heat of debate on the Senate floor, holds were placed on the nominations of FCC Comr. Copps and Deborah Tate, leading some to wonder whether Martin would start the New Year with a Democratic majority. But the holds were finally removed after partisan fighting over defense bills settled. The Senate approved the nominations in a late-night vote.
The Senate amended the budget reconciliation conference report with some technical provisions after passing it 51-50. The House could have voted on the provision -- and would probably have passed it by voice vote -- but House Minority Leader Pelosi (D-Cal.) insisted on a recorded vote 5 days before Christmas, when most members had left town. The House adjourned the next day leaving the provision to be decided next year. Although the technical provisions aren’t controversial, the vote opens up a chance for new debate.
The House decency bill (HR-310) passed 391-22 with White House backing. It would increase penalties on broadcasters to $500,000 a violation for airing “obscene, profane or indecent material.” But momentum never built in the Senate to match the legislation. Senate Commerce Committee Stevens (R-Alaska) released a draft indecency bill patterned closely on the House bill, but Stevens was still pondering other approaches to the problem when the session ended. He held 2 hearings on the subject toward the end of the first session, inviting former MPAA Pres. Jack Valenti to develop ideas on meshing the broadcast and movie ratings systems so parents would have a consistent basis for comparison. Stevens also was dissatisfied with the cable industry’s campaign to teach parents how to use technology such as the V-chip and remote control to screen out inappropriate programs for children.
Like Martin, Stevens wanted the cable industry to create family-friendly tiers -- a move that the cable industry had insisted was financially infeasible. During a Dec. Senate hearing, Martin attacked a study done under former FCC Chmn. Powell that backed cable’s position on tiers. Martin has said publicly he’s working on an update to that study but has yet to release one. Meanwhile, a number of cable companies have announced that they're offering family-friendly tiers, but not the “a la carte” menu that some public interest groups want. Stevens plans another decency hearing as soon as the Senate reconvenes Jan. 19.
The Senate took the lead on comprehensive telecom reform during the first session, when Sen. Ensign (R-Nev.) introduced his telecom update bill in July. Two months later, House Commerce Committee Chmn. Barton (R-Tex.) released the first draft of his “BITs” bill, which spells out new rules of competition for broadband Internet transmission service providers. It also addresses video franchising and advanced communications services -- and ignited opposition from all quarters. It’s in its 3rd drafting round, but the bill is expected to progress.
Three USF bills were introduced during the first session -- 2 bipartisan and one offered near the session’s end by Sen. DeMint (R-S.C.) embodying ideas from the Progress & Freedom Foundation. The other 2 bills were offered by Sens. Smith (R-Ore.) and Dorgan (D-N.D.) and Reps. Terry (R-Neb.) and Boucher (D-Va.). Stevens has said USF is a major priority for the 2nd congressional session, and 2 hearings are planned Feb. 28. But it isn’t clear whether he’s planning a stand-alone bill or will include USF reform in a major telecom update effort.