Commerce Committee Sends FCC Process Bills to House Floor Amid Democratic Objections

Rep. Anna Eshoo, D-Calif., again offered -- and Republicans again rejected -- an amendment stripping HR-3309 of everything but her sunshine provision allowing two or more commissioners to meet behind closed doors. Eshoo is ranking member of the Communications Subcommittee. Subcommittee Chairman Greg Walden, R-Ore., supports the collaboration language as part of the broader package but said the amendment “guts the bill” with a “samurai sword.” Every voting GOP member opposed the amendment in the 18-32 roll-call vote. Rep. Jim Matheson of Utah was the only Democrat to vote with the Republicans on approving the full bill and rejecting the Eshoo amendment.

Republicans supported an Eshoo amendment on HR-3310 that would require the FCC to consider “all forms of competition” in its reporting. The committee quickly and unanimously approved the amendment by voice vote and moments later approved the full HR-3310.

Democrats complained that HR-3309 hamstrings the FCC instead of streamlining its process. Rep. John Dingell, D-Mich., known for “Dingell-grams” querying the FCC, said he understands “the frustration of my colleagues” with the FCC but condemned HR-3309 as “legislative malpractice.” Dingell has had many “occasions to tilt swords with the FCC,” but the former Commerce Committee chairman said he doesn’t believe legislation is necessary. The committee should instead exercise its oversight authority to influence the FCC, he said. Attorneys will have a “field day” litigating HR-3309 in the courts, Dingell added.

Walden defended his process bill as leaving much of the implementation details to the FCC. For example, the commission through rulemaking would set its own shot clock deadlines, he said. Echoing his opening statement Monday (CD March 6 p9), Walden said he doubted the bill could be successfully litigated, and fears of litigation shouldn’t stop Congress from passing legislation.

Republicans supported one Democratic amendment to HR-3309 requiring the FCC to make consumer complaint data at the FCC more accessible through a searchable database on its website. The committee adopted by voice vote the amendment, offered by Ranking Member Henry Waxman, D-Calif. With Democratic support, the committee approved by voice vote an amendment by Adam Kinzinger, R-Ill., setting a 45-day deadline to complete all actions necessary to submit orders to the Federal Register after release. Democrats also supported an amendment by Rep. Mike Pompeo, R-Kan., to stop the FCC from categorizing Telephone Consumer Protection Act (TCPA) inquiries or complaints as being wireline or wireless unless the party in question is a wireline or wireless carrier.

Republicans opposed another Eshoo amendment to HR-3309 that would require that public inspection files of a broadcast licensee, cable operator or satellite broadcaster identify any donor who contributed $10,000 or more to political programming sponsors during the two-year period preceding a request to purchase programming time. The committee voted down the amendment in a 16-30 vote. Walden, who said he was seeing the proposal for the first time, opposed the amendment. Walden said the issue was not relevant to FCC reform and should be dealt with more comprehensively later. Some of the terms in the bill are vaguely defined in their current form, he added. Other Democrats supported the proposal. If the bill is really about “openness,” the Eshoo amendment is relevant, Waxman said.

An amendment to HR-3309 to enable FCC commissioners to add engineers to their staffs was offered and withdrawn by Rep. Cliff Stearns, R-Fla. Eshoo said it’s a “worthwhile amendment” that should be added later. Del. Donna Christensen, D-Virgin Islands, offered and withdrew an amendment saying the Administrative Procedure Act is the controlling law when it conflicts with HR-3309. Committee counsel said the FCC bill would not affect the APA.

CTIA applauded committee approval of the two bills and in particular praised the Pompeo amendment on TCPA. “The Pompeo amendment directs the FCC to disaggregate complaints alleging violations of the Telephone Consumer Protection Act from other wireless complaints, as we have asked the Commission to do,” said CTIA CEO Steve Largent. “Lumping TCPA violations, which have nothing at all to do with wireless carriers, in with other complaints only serves to artificially and unfairly inflate the number of complaints and mask the fact that wireless complaints are declining relative to subscribership."

"While there are positives in the bills, it is critical for Congress to make certain the Commission has the ability to ensure a competitive marketplace,” said Rural Cellular Association President Steven Berry. “Appropriate authority must remain in the statute for the FCC to review transactions and maintain competition and the public interest."

Free Press and Consumers Union derided the reform bills. “One of the FCC’s most important roles is to protect American consumers, and these bills simply make that more of a challenge,” said Consumers Union Policy Counsel Parul Desai. The bills protect “corporations rather than consumers,” Free Press Action Fund Political Adviser Joel Kelsey said.

Still stalled are Senate companion bills by Commerce Committee member Dean Heller, R-Nev. Ranking Member Kay Bailey Hutchison, R-Texas, supports the bills, but majority Democrats have so far kept mum on the subject.