House Communications Clears FCC Reauthorization Ahead of Further Negotiations
The House Communications Subcommittee easily cleared the draft FCC Reauthorization Act Wednesday on a bipartisan voice vote, as expected (see 1710100066). Lawmakers made clear additional negotiations need to happen before the full House Commerce Committee considers the bill. House Communications Chairman Marsha Blackburn, R-Tenn., filed a manager's amendment Tuesday that removed several contentious provisions included in her original discussion draft and incorporated bipartisan telecom-related bills in an effort to get Democratic support. Additional revisions to Blackburn's bill aren't likely to hinder House Commerce approval, industry lobbyists told us.
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Blackburn, House Commerce Chairman Greg Walden, R-Ore., and several Democrats reveled Wednesday in the compromise text, with Blackburn echoing comments from Rep. Anna Eshoo, D-Calif., that this could be the “magic year” Congress formally reauthorizes the FCC. Congress last did so in 1990. “We will have additional conversations” on incorporating additional language before a full House Commerce markup, Blackburn said. The post-amendment legislation “is better” than when Blackburn released her original draft in July, “but we still have critical work to do” before Democrats will support it at a full committee markup, said House Commerce ranking member Frank Pallone, D-N.J. He criticized Blackburn's original draft in July amid concerns about a lack of Democratic input into its language (see 1707250059).
Pallone and House Communications ranking member Mike Doyle, D-Pa., noted a desire for Republicans to incorporate their Viewer Protection Act (HR-3347) into Blackburn's bill. HR-3347 and the similar Viewer and Listener Protection Act (S-1632) would establish funds to supplement the existing $1.75 billion Broadcaster Relocation Fund for post-incentive auction repacking reimbursements (see 1707140054, 1707140070, 1707200051 and 1707260059). “Funding the repacking of stations is not enough,” so FCC rechartering should also include HR-3347's language to provide funding for a consumer education campaign on the repack, Pallone said. Doyle cited the consumer education campaign on the 2009 DTV transition as evidence of the need for adequate public awareness of the repack. Rep. Doris Matsui, D-Calif., said she also favors including repacking funding.
Walden noted concerns about repacking reimbursements, citing a September House Communications hearing (see 1709070058). “We hope to have further discussion” on those concerns before House Commerce marks up the FCC reauthorization bill since “we share in the effort to try and make sure that broadcasters are appropriately taken care of” as repacking moves forward, Walden said. Blackburn told us she and staff are “working through” how to incorporate HR-3347 or other repacking reimbursement language into the FCC bill. “We've got some other things we're working on,” she said.
House Digital Commerce Subcommittee Chairman Bob Latta, R-Ohio, and Rep. Raul Ruiz, D-Calif., sought to have additional language added before a full committee markup but didn't press to have the subcommittee vote on proposed amendments. Latta sought to add his Small Entity Regulatory Relief Opportunity Act (HR-3787), which would allow entities that qualify as small businesses under Small Business Administration rules to seek regulatory relief from FCC rules through waiver petitions and would allow a one-year grace period before any new regulation would apply to qualifying entities after they go into effect for larger businesses. Ruiz sought three amendments on tribal telecom issues, including the addition of his Tribal Digital Access Act (HR-1581), which would focus on expanding broadband deployments (see 1703160065).
None of the proposed additions discussed at the subcommittee markup appears to be overly controversial and wouldn't impede full committee consideration, though they may appear in a modified form in the final bill, said a GOP telecom lobbyist: “They'll probably put in the [repacking reimbursement] money,” but the debate over whether to include language in final legislation to grant the FCC more authority to not penalize broadcasters that can't meet the existing timeline “may get kicked over to the FCC.” Republicans “are trying to find things that lawmakers can generally agree to” rather than delving into controversial issues like Blackburn's original draft did, a GOP lobbyist said. “They don't want to have a bloodbath.” House Commerce Democrats are considering other amendments ahead of a full committee markup, though those proposals appear unlikely to draw Republican opposition, a Democratic lobbyist said: “These are things that have gotten bipartisan support in the past” and are on GOP committee staffers' radar.
The bigger question is how strongly House Commerce leaders push for a floor vote this year on Blackburn's bill and “how this can get hooked onto” larger must-pass legislation in the Senate, a telecom lobbyist said. Open time on the Senate's legislative calendar this year is limited and Majority Leader Mitch McConnell, R-Ky., “is not going to be willing to schedule floor time to move this as an individual bill,” the lobbyist said: “It will be interesting to see” if Blackburn's full bill “or pieces of this wind up riding on a bigger vehicle.”