FCC guidance on the meaning of transparency “emphasizes the faults with the underlying net neutrality order,” Rep. Cliff Stearns, R-Fla., told us by email. “Rather than rush the rules out the door in December, the FCC should have provided industry with more time to comment on this issue at the agency,” said the House Commerce Subcommittee on Oversight chairman. “Since the [notice of proposed rulemaking] the Commission issued in October 2009 and [notice of inquiry] the agency dropped in May 2010 varied significantly from the ultimate rules voted on in December, the Commission should have sought another round of comments instead of forcing a vote. However, the Commission left transparency for a Federal Register notice, resulting in a six month hold-up of publication, and therefore legal effect of, the rule.” That the Internet is still “vibrant and open” today shows that no net neutrality rule was needed, Stearns added. The agency’s guidance came last week (CD July 1 p3).
Spectrum legislation could become part of the budget deal for fiscal-year 2012, Senate Commerce Committee Chairman Jay Rockefeller, D-W.Va., told us Tuesday. Senate Majority Leader Harry Reid, D-Nev., has mentioned that as a possibility, so Rockefeller hasn’t talked to Reid about separate floor time for his legislation S-911, Rockefeller said. Congress has been trying to make a deal on debt ceiling legislation that must pass before Aug. 2 or the U.S. will default on its obligations. Meanwhile, Sen. Mark Begich, D-Alaska, said he’s hoping the FCC will work on 700 MHz interoperability.
House Republicans pushed forward their latest attack on the FCC net neutrality order. In a 27-21 vote Thursday, the Appropriations Committee approved the FY2012 appropriations bill on financial services and general government. Among its cuts and provisions, the bill bans the FCC from using government funds to carry out the agency’s December net neutrality order, and trims the commission’s budget to $319 million, down $17 million from FY2011. The committee approved by voice vote a manager’s amendment by Financial Services Subcommittee Chairwoman Jo Ann Emerson, R-Mo., including provisions ordering reports on FCC privacy protection and the Office of Management and Budget’s intellectual property enforcement efforts. The committee also agreed by voice vote to an amendment by Rep. Steve Austria, R-Ohio, requiring the commission to pay attention to GPS interference issues. (See separate report in this issue.) Also at the markup, Appropriations Committee Chairman Hal Rogers, R-Ky., said he has chosen Rep. Robert Aderholt, R-Ala., to sit on the House cybersecurity working group, which was recently established by House Speaker John Boehner, R-Ohio. The appropriations bill next moves to the House floor.
The Rural Cellular Association pushed for interoperability in the 700 MHz band at a Capitol Hill briefing Wednesday. That’s key to a successful public safety network, said RCA CEO Steve Berry. RCA is working closely with Sens. Roger Wicker, R-Miss., and Mark Begich, D-Alaska, on their interoperability amendment to Senate spectrum legislation by Commerce Committee Chairman Jay Rockefeller, D-W.Va. RCA was “heartened” when Rockefeller committed to helping the group “find solutions” on the issue, Berry said. It’s unclear what form that might take, he said: “It may or may not be an amendment on the floor.” While RCA still supports auctioning the D-block, it’s now pushing more on the interoperability issue, Berry said. He said Rockefeller “has made his decision” to reallocate the D-block, while the House is leaning the other way. The choice is “political” and RCA isn’t “going to be able to make that decision,” Berry said. RCA had 50 members lobbying on Capitol Hill on Wednesday, Berry said, and noted that in meetings they're raising concerns about AT&T buying T-Mobile, and they're supporting interoperability, the FCC’s data roaming order and technology-neutral Universal Service Fund revisions.
Democrats and Republicans voiced deep philosophical disagreements at a hearing Wednesday on FCC reform proposals designed to rein in the agency’s rules and conditions on deals. The House Communications Subcommittee did find agreement on some areas, including removing the prohibition on commissioners meeting privately. Subcommittee Chairman Greg Walden, R-Ore., circulated a discussion draft Friday that’s spurred significant debate (CD June 22 p1).
John Bryson pledged a “strong commitment” to broadband if he’s confirmed as Commerce Secretary. “I think it’s essential,” President Barack Obama’s nominee told the Senate Commerce Committee at a hearing Tuesday afternoon. “We need to get to the rural communities and we need to get to the smallest communities. The reality is that broadband already has become a huge location of commerce and it will grow strikingly.” Bryson’s top priority is job creation, and he also hopes to be a “voice” in the Obama cabinet for eliminating burdensome regulations, he said. Bryson -- who has a business background with Edison International, Boeing and Disney -- said companies are “too often stifled by absolutely unnecessary cumbersome regulation and unnecessary regulatory costs and delays.” While the U.S. economy is recovering, it’s not creating jobs fast enough, he said. Ranking Member Kay Bailey Hutchison, R-Texas, said the Obama administration has issued an unprecedented amount of regulations, and she hopes Bryson will be a champion for cutting back overreach. Committee Democrats offered strong support for Bryson, but Republicans had questions about his views on energy and other non-telecom issues.
Proposed FCC “reform” legislation may “undermine” the Administrative Procedure Act and the Communications Act, Democrats on the House Commerce Committee said in a minority memo circulated Tuesday. Communications Subcommittee Chairman Greg Walden, R-Ore., circulated a draft bill Friday (CD June 21 p7) to let three or more commissioners meet privately, set shot clocks on agency actions and require the FCC to provide greater justification for new regulations and transaction conditions. The subcommittee has a hearing Wednesday on the draft.
Early reviews are mixed on draft FCC process reform legislation circulated Friday by House Communications Subcommittee Chairman Greg Walden, R-Ore. The subcommittee has a hearing Wednesday on the draft bill. Among its provisions, the draft would allow three or more commissioners to meet behind closed doors, would set shot clocks on agency actions and require the FCC to provide greater justification for new regulations and transaction conditions.
A House panel approved a fiscal-year 2012 appropriations bill banning the FCC from using government funds to carry out the agency’s December net neutrality order, and trimming the commission’s budget to $319 million, down $17 million. Earlier Thursday, the House saved the Rural Utilities Service broadband loans program from the chopping block by voting for a surprise amendment to the FY 2012 agriculture appropriations bill by Reps. Chris Gibson, R-N.Y., and Bill Owens, D-N.Y.
A data protection draft bill took shots from the left and the right at a hearing Wednesday of the House Commerce Subcommittee on Manufacturing and Trade. Senior Democrats said the draft by Chairwoman Mary Bono Mack, R-Calif., removed key consumer protection provisions from last Congress’ DATA Act proposal. Rep. Cliff Stearns, R-Fla., said he saw Bono Mack’s version as an overreaction to recent breaches of Sony and Epsilon. But both sides said they hoped to reach consensus.