Spectrum, Video Policy To Top Senate's Fall Agenda

“I think you’re headed in the right direction,” Committee Chairman John Thune, R-S.D., confirmed in an interview this week when asked about the two possible forthcoming hearings and dates, but said the specific dates may not be locked down. Scheduling for Hill hearings often shifts depending on witness availability and other factors, usually finally confirmed much closer to the hearing dates.

Thune held a spectrum hearing in July and outlined the goal of broader spectrum legislation and more hearings on that topic this fall. Several members of Commerce generally agreed legislation is needed to free up more spectrum (see 1507290057). Former FCC Commissioner Robert McDowell, now with Wiley Rein, recently said new spectrum legislation is on the way, coming as soon as this month (see 1509020051).

The hearing will take a broad focus on spectrum problems and solutions rather than any specific legislative proposal, a Senate aide cautioned. He said the same of the video policy hearing.

Industry officials have speculated that the House Communications Subcommittee may have interest in the same spectrum legislative goals as the Senate, with goals for a similar House hearing to the July Senate one. Communications Subcommittee Chairman Greg Walden, R-Ore., wasn’t ready to confirm or comment on any coordination, when asked Tuesday, saying he was still catching up with staff upon return to Washington. There may have been some bicameral staff discussions along those lines, Walden said. “We’re always doing that,” he told us of the broader goal of setting up future spectrum auctions. “We will continue to do spectrum work.”

A wireless industry lobbyist told us that, despite Walden’s words, the lobbyist expects the House to hold a similar spectrum hearing this fall. The possibility of a government shutdown, pegged to the Sept. 30 funding expiration, could push that timing later into the year, the lobbyist added.

New versions of spectrum legislation are being drafted, said one telecom industry expert familiar with plans on Capitol Hill. He hasn't seen legislative text directly but was knowledgeable about the renewed effort to craft new bills, suspecting the broader goals will still be in line with legislation that the wireless industry has lauded this Congress already. Industry lobbyists and observers have suspected pieces of multiple bills could move forward in a broader spectrum package (see 1507130056). Industry has spent August chattering about whether there’s a legislative path forward on spectrum, the telecom industry expert said, saying spectrum policy has the potential to be bipartisan after earlier divisive battles about net neutrality. People realize there’s a window of time to move legislation now ahead of the 2016 White House distractions next year, the expert said. Sen. Marco Rubio, R-Fla., has championed spectrum legislation, but with only Republicans backing his bigger reallocation and siting bill (S-1618). Lawmakers may want to find a way to reach bipartisan consensus on those provisions, the expert said, noting the complications of Rubio’s presidential run. The expert suspected what will follow are any number of meetings, outreach to the administration and a focus on such issues as potentially inaccurate Congressional Budget Office scoring regarding spectrum.

Thune has been under pressure for months to hold a video policy hearing. Commerce hasn't held one this year, but video issues dominated the agenda last year during the satellite TV reauthorization process. Earlier this summer, Thune told us he expects Commerce to discuss video policy and “bat it around” but doubts the committee will be able to move any legislation (see 1508100034). He has weighed reviving his broadcast a la carte proposal known as Local Choice, introduced and dropped last fall, at various times this year.

Local Choice “might come up, but we’ll see,” Thune said of the upcoming video hearing, saying the past proposal could factor into a question or two for the witnesses. “It’ll probably be just kind of a landscape-type hearing, take a look at what’s happened out there, some people who are involved in making it happen,” Thune said Wednesday. “There’s a lot of innovation occurring in the video marketplace. This’ll just be a good opportunity for us to sort of bring that out, ask some questions and get some feedback about how we can continue to support and promote that kind of innovation.” The hearing “is kind of an update and perhaps could give us some direction of what we might want to do legislatively,” he said. “The purpose of it really is it’s been a while since we’ve done an assessment of what’s happening in that space.”

Several industry lobbyists and observers have stressed the tight legislative calendar in the days ahead, which will include consideration of the Iran nuclear deal, a papal visit to the Capitol and government funding that expires Sept. 30.