Republicans introduced legislation to strike down FCC net neutrality rules Wednesday, the first day of the new Congress. Rep. Marsha Blackburn, R-Tenn, introduced the Internet Freedom Act providing that only Congress can make rules for the Internet. Meanwhile, House Communications Subcommittee Chairman Greg Walden, R-Ore., said his top priority is reversing the commission’s rules, under the Congressional Review Act.
Adam Bender
Adam Bender, Deputy Managing Editor for Privacy Daily. Bender leads a team of journalists and reports on state privacy legislation, rulemaking and litigation. In previous roles at Communications Daily, he covered telecom and internet policy in the states, Congress and at the FCC. He has won awards for his reporting from the Society of Professional Journalists (SPJ), Specialized Information Publishers Association (SIPA) and the Society for Advancing Business Editing and Writing (SABEW). Bender studied print journalism at American University and is the author of multiple dystopian sci-fi novels. Keep up to date with Bender by reading his blog and following him on social media including Bluesky, Mastodon and LinkedIn.
NAB and USTelecom got letters from House Oversight Committee Chairman Darrell Issa, R-Calif., asking what existing and proposed federal regulations would harm job growth, spokespeople for the trade groups said Tuesday. USTelecom is reviewing the letter, its spokeswoman said. Issa sent the letter last month to a variety of trade groups and companies, including in the telecom industry, according to a Politico article circulated by Issa’s office. NAB got it only late Tuesday afternoon, its spokesman said. Issa said earlier this week that he plans a hearing on rules’ effect on jobs (CD Jan 4 p1), and analysts suspect net neutrality will come up. “The theme of bypassing Congress through the regulatory process obviously touches on the basic complaint numerous lawmakers had against new [net neutrality] regulations,” said Potomac Research analyst Paul Glenchur. About a year ago, Issa raised concerns about White House involvement in the FCC’s net neutrality policy decisions, Glenchur noted. An Issa spokesman wouldn’t provide a list of which trade groups and companies received letters. Spokespeople for CompTel and NCTA said they hadn’t received a letter. AT&T, Verizon and CTIA didn’t comment.
Reversing the FCC on net neutrality will be one of the House Commerce Committee’s “first big tests,” and the subject of one of the committee’s “first big hearings,” said the committee’s new chairman, Fred Upton, R-Mich. In an interview Friday with conservative radio talk host Hugh Hewitt, Upton said he hopes to find bipartisan support for a resolution of disapproval under the Congressional Review Act. Meanwhile, new Oversight Committee Chairman Darrell Issa, R-Calif., said he plans hearings on whether the Obama administration plans to “abuse the regulatory process” and how to stop leaks of confidential information on the Internet.
A top state telecom official will join the House Commerce Committee staff, incoming Chairman Fred Upton, R-Mich., said Wednesday. Ray Baum, chairman of the Oregon Public Utilities Commission and the National Association of Regulatory Utility Commissioners Telecom Committee, will be senior policy adviser for the Communications Subcommittee under Rep. Greg Walden, R-Ore. Meanwhile, Neil Fried -- who was senior minority counsel under Ranking Member Joe Barton, R-Texas -- will stay on the committee as chief counsel of the Communications Subcommittee. As state chair of the Federal-State Joint Board on Universal Service, Baum had been active in efforts to revamp the Universal Service Fund. Rep. Lee Terry, R-Neb., the incoming vice chairman of the Communications Subcommittee, has said he will reintroduce USF legislation early in the session (CD Nov 23 p5). Baum is leaving NARUC and the Oregon PUC, a NARUC spokesman confirmed: “He will be greatly missed, but we wish him the best.”
The benefit of consideration of a Congressional Review Act resolution to nullify the FCC’s net neutrality order may be to rally opposition and send a broader signal to the commission, said a former congressional committee counsel. Incoming House Commerce Committee Chairman Fred Upton, R-Mich., and Senate Commerce Committee Ranking Member Kay Bailey Hutchison, R-Texas, said last week they may attempt to rebuke the FCC by introducing resolutions of disapproval under the Act (CD Dec 22 p5). The procedure has advantages over other lines of attack, but the likelihood of a presidential veto makes it a difficult road, current and former Hill aides said in interviews.
Hill Republicans bombarded the FCC with threats to reverse net neutrality rules approved Tuesday by the commission. Democrats said they were happy net neutrality is moving forward, but some said they wished for stronger protections.
A continuing resolution approved Tuesday by the Senate includes broadband oversight money sought by the NTIA. It also prevents a spike in Universal Service Fund contributions by extending an exemption of the USF from a Civil War-era law. The resolution keeps the government running until March 4. The drama over broadband funding and the last-minute, temporary nature of the fix raised concerns about whether the Broadband Technology Opportunities Program can work long term.
Rep. Doris Matsui, D-Calif., hopes to bring certainty to industry next year on long-brewing telecom issues like net neutrality and Universal Service Fund reform, the House Communications Subcommittee member said in an interview last week. Providing subsidies to make broadband more affordable for low-income Americans and addressing fears about lack of privacy online are two important ways to motivate more people to embrace fast Internet service, she said.
Congress shushed loud TV commercials. In a voice vote Thursday night, the House passed the CALM Act (S-2847), which would require TV ads to be set at the same volume as regular programming. “It’s a simple fix to a huge nuisance,” said Rep. Anna Eshoo, D-Calif., who sponsored the original House bill (HR-1084). Associations for advertisers and broadcasters said they don’t believe the new requirement will be onerous.
Two Senate Commerce Committee members said they sympathize with public safety on what to do with the 700 MHz D-block. At an FCBA lunch Wednesday, Sen. Mike Johanns, R-Neb., said that as a former mayor he is “very, very sympathetic” to public safety and “will give them a lot of credibility.” Sen. Mark Begich, D-Alaska, another ex-mayor, said to expect significant “bipartisan” support for public safety. He said that public safety must have the “capacity to do their work.”