Lawmakers Likely to Focus on Broadband Infrastructure, 'Mobile Now Plus' Ideas, Aides Predict

Thune wants to “go even further” with the ideas in Mobile Now, beyond existing legislation, said Quinalty, echoing what Thune said at State of the Net last month. “The broader promise is about gigabit wireless.” He predicted that will be the “game-changer for the entire broadband space.”

Staffers largely agreed that broadband infrastructure and spectrum are policy areas where Republicans and Democrats can work together, if not always in agreement on the best means. “There’s probably additional stuff we can do in the spectrum space,” said Narda Jones, legislative counsel to Sen. Maria Cantwell, D-Wash., calling rural broadband a priority and noting inaccuracies in the National Broadband Map. She and Jerry Leverich, an aide to House Commerce Committee ranking member Frank Pallone, D-N.J., emphasized the desire their offices have for broadband to be part of any infrastructure package Congress does. Leverich noted talk about using tax cuts to incentivize buildout but said, “Real investment in broadband is critical.” Capitol Hill offices “want to stop regulations that are impeding buildout,” said Rachel Schwegman, a senior legislative assistant to House Digital Commerce and Consumer Protection Subcommittee Chairman Bob Latta, R-Ohio.

Aides were at odds over the pending likely Congressional Review Act (CRA) resolution of disapproval to dismantle FCC ISP privacy rules. “There’s a lot of questions on what would count as ‘substantially similar,’” said Leverich, referring to the CRA prohibition on the FCC developing any similar privacy regulation after the tool’s use. Quinalty agreed there’s a lack of clarity on what the prohibition would be, citing the rare use of such resolutions, but he defended the merits of tackling the rules. He said the order was a “solution in search of a problem” and created a “totally different regime” for ISPs not fitting with the history of FTC oversight in the area. The rules are “ripe for repeal or revisiting,” either by Congress or the FCC, Quinalty argued. Pallone would back granting the FTC rulemaking authority and repealing the common carrier-exemption, Leverich said. He cited the 9th U.S. Circuit Court of Appeals' ruling that the FTC lacked jurisdiction over AT&T for data throttling, which is raising questions about possible future limits on the agency's authority in this space and what Leverich called a possible “privacy gap for consumers.”

Staffers doubted any immediate legislative movement on such topics as the FCC Lifeline program or a bipartisan net neutrality compromise. “Any attempt to modify” Lifeline is “pretty contentious,” said Quinalty, saying Sen. Claire McCaskill, D-Mo., is the only senator he could think of who drew the parties together. She worked on legislation with Thune last year on the topic, never released. Legislation is “fraught” due to its politics, agreed Jones. Cantwell would take a broader look at USF but it would be a “nonstarter” to simply start with Lifeline, she said. Democrats show “some interest” in net neutrality legislation but don't seem to be there yet, said Quinalty, predicting FCC action could spur Democratic legislative interest. “We are optimistic. … The factors do seem to be lining up.”

Other topics are likely to receive attention soon, aides said. Next-Generation 911 is “definitely of interest,” said Schwegman. “Our system needs to be upgraded.” Jones said the reauthorization of Foreign Intelligence Surveillance Act Section 702 is an issue that will have “more momentum as the year goes on.” Quinalty said the FCC, NTIA and FTC are "ripe for reexamination" through the reauthorization process. Thune had focused only on FCC reauthorization through the last Congress, and Senate Commerce legislation stalled on the floor last year. Quinalty noted increased discussion about FCC structure and the way the agency "is organized around the silos" of technology, embodied in the 1996 Telecom Act. He sees value in "elevating the prominence of economics" at the commission, he said, and is open to working with House lawmakers on the NTIA reauthorization process they've begun. NTIA "punches well above its weight" and Democrats will want to ensure lawmakers "aren't setting an artificially low ceiling for the appropriating committees," said Leverich.