The House Commerce Committee no longer appears likely to soon mark up FCC reauthorization legislation, House aides and communications lobbyists told us. House Commerce Republicans were bullish before the August recess about a rechartering bill and were pressing to advance one this month (see 1708290035, 1708300050 and 1709060048). Communications Subcommittee Chairman Marsha Blackburn, R-Tenn., released a draft in July that drew criticism from some Democrats at an oversight hearing (see 1707190051 and 1707250059).
Rob Strayer started work earlier this week as deputy assistant secretary of state-cybersecurity and international communications and information policy, and U.S. coordinator for international communications (CIC) and information policy, as expected (see 1708220059), the Computer & Communications Industry Association and two communications sector lobbyists separately confirmed. Strayer entered the role with foreign policy experience via his previous role as legislative director and general counsel to Senate Foreign Relations Committee Chairman Bob Corker, R-Tenn., and cyber policy experience in a past role as director of the Bipartisan Policy Center’s Homeland Security Project. Strayer's appointment to an expanded DAS role appears to confirm earlier concerns that State's Office of Coordinator for Cyber Issues could be absorbed into another departmental office (see 1708030009), one industry lobbyist said. Strayer's expanded role gives him authority over cyber and international telecom policy issues, but it's unclear whether the cyber issues office was absorbed into the CIC office, a lobbyist said. The White House, State and Corker's office didn't comment. Strayer acknowledged his move to State in a Monday tweet, but didn't disclose his role. Strayer moved to State without any formal White House announcement because President Donald Trump's administration is “still working through” whether to also nominate him at the level of an ambassador, as other presidents have done in naming past CICs, a telecom lobbyist said. The CIC role doesn't require Senate approval but all ambassadors go through the nominations process via Senate Foreign Relations. Nomination of the CIC as a U.S. ambassador can be important since the person in that role often has led the U.S. delegation to ITU conferences, the telecom lobbyist said. Strayer's appointment “is strategically important to ensure the U.S. has a strong voice at the table as key negotiations take place on issues from trade to tech policy, which impact the growth of the fastest growing sector of the U.S. economy at home and abroad,” said CCIA President Ed Black. “Given the importance of his portfolio, we hope that the Deputy Assistant Secretary receives an Ambassadorship to aid him in advocating.”
The International Brotherhood of Electrical Workers and three left-leaning public interest groups urged Senate Democrats Wednesday to place a hold on FCC Chairman Ajit Pai's reconfirmation amid concerns about what the groups believe is special FCC treatment of Sinclair. Several Senate Democrats said they plan to focus a floor debate on Pai's reconfirmation on their concerns about FCC handling of controversial policy issues under Pai, including Sinclair's proposed buy of Tribune. Senate Republicans are aiming to bring Pai up for a final vote before the Columbus Day recess (see 1709130054 and 1709150060). Congress “seems to be asleep at the wheel” on Sinclair/Tribune given that key congressional committees haven't held hearings on the deal and have given no indication they plan to do so, said Allied Progress Executive Director Karl Frisch during a conference call with reporters: “I don't think there should be a vote” on Pai's reconfirmation to a new five-year term “until some serious questions are answered and until hearings are held in Congress" on Sinclair/Tribune. A hold on Pai would be “first step” to allow hearings to occur, Frisch said. IBEW also supports a hold on Pai to allow Congress to “look at the steps that [Pai] is taking” that affect Sinclair, including reinstatement of the UHF discount, said International Representative Vinny Butler. Senators “should be prepared to ask tough questions” about Sinclair/Tribune, said Credo Action Campaign Manager Brandy Doyle. Pai recently told several top House Democrats that Sinclair hasn't received any special treatment, noting any actions that affect the company “have been motivated by my belief that a strong over the air broadcast service advances the public interest” (see 1709190060). The FCC, the House and Senate Commerce committees and Sinclair didn't comment.
Rep. Ro Khanna, D-Calif., blamed the top four U.S. ISPs Monday for influencing the net neutrality debate at the FCC and on Capitol Hill. A May NPRM would reverse 2015 net neutrality rules and related reclassification of broadband as a Communications Act Title II service, and Capitol Hill Republicans are pursuing possible legislation. The top ISPs' “influence on the FCC is not to be underestimated,” as is their “influence on Congress,” Khanna said at a Mozilla event. Former FCC Chairman Tom Wheeler noted House Commerce Committee Republicans' pursuit of net neutrality compromise as a reason not to ignore Capitol Hill while the FCC evaluates its NPRM. Wheeler also focused on net neutrality at a Monday Benton Foundation event in Chicago, where he said the rules' rescission would mean top ISPs “will have the power to decide what content reaches consumers and the terms under which consumers may use the connections they purchase. In the absence of meaningful Open Internet rules, it will be the networks that make the rules.”
The Senate Commerce Committee is likely to hold its next executive session Oct. 4, but hasn't set legislation or nominees for a vote at the markup, a committee aide told us. Chairman John Thune, R-S.D., told reporters last week he hoped to bring up David Redl's nomination as NTIA administrator for a vote at the next markup, though there was still considerable uncertainty given ongoing concerns that Sen. Ted Cruz, R-Texas, raised about Redl's position on the 2016 Internet Assigned Numbers Authority transition (see 1709120057). There have been no indications that Redl's path forward has become any clearer since then, a communications sector lobbyist told us.
Senate Commerce Committee members and others signaled a continued willingness Tuesday to work toward a compromise version of the Stop Enabling Sex Traffickers Act (S-1693) amid sometimes emotional testimony. Much of what lawmakers and witnesses said at the hearing revealed a continued divide over S-1693 and House companion HR-1865, which would amend Communications Decency Act Section 230. HR-1865/S-1693 has drawn substantial opposition from the tech and civil liberties communities, which perceive the bill as undermining protections for online platforms that host user-generated content and make them liable for information posted by third parties on their sites (see 1708010011 and 1708110022).
Rep. Anna Eshoo, D-Calif., and the two top House Commerce Committee Democrats urged FCC Chairman Ajit Pai Monday to investigate media reports that Russian government-owned radio network Sputnik has broadcast propaganda over U.S. airwaves in a bid to influence elections, including the 2016 presidential contest. House Commerce ranking member Frank Pallone, D-N.J., and House Communications Subcommittee ranking member Michael Doyle, D-Pa., also signed. Doyle and Eshoo previously asked the FCC about concerns about Russian government-owned TV outlet Russia Today’s role in influencing the 2016 election (see 1703150066). Washington, D.C.-area residents “need only tune their radios to 105.5 FM [Sputnik’s only terrestrial U.S. transmitter] to hear the Russian government’s effort to influence U.S. policy,” the Democratic lawmakers wrote. “Disturbingly, this means the Kremlin’s propaganda messages are being broadcast over a license granted by the FCC.” If Sputnik “is in fact being used as a tool by the Russian government to undermine” the integrity of U.S. elections, the outlet “is directly violating the public interest standard of the Communications Act,” the lawmakers said. They asked whether the FCC is investigating any broadcast licensees for retransmitting Russian government propaganda aimed at influencing U.S. elections and if not, whether the agency will investigate now and “commit to enforcing the public interest standard on stations that broadcast Sputnik.” Reston Translator, which owns 105.5 FM, leased the frequency to Sputnik through the end of 2019, said Womble Carlyle radio attorney John Garziglia, who co-owns Reston. Sputnik began broadcasting on 105.5 FM this year. The decision to lease 105.5 FM to Sputnik was entirely a “business deal” for Reston and if the FCC decides Sputnik’s content isn’t suitable for broadcast, “I’m going to abide by that,” Garziglia told us: Such a government action would appear to “impact our First Amendment rights.” Sputnik represents one viewpoint and the airwaves have broadcasters that espouse views across the political spectrum, Garziglia said. The FCC and Sputnik didn’t comment.
Telecom-focused Democratic senators confirmed to us they intend to make their simmering concerns about net neutrality the centerpiece of a to-be-scheduled floor debate on FCC Chairman Ajit Pai's renomination to a new five-year term, cementing expectations they would focus on controversial policy issues rather than the nominee himself. Majority Leader Mitch McConnell, R-Ky., and Minority Leader Chuck Schumer, D-N.Y., reached a deal in August to confirm now-Commissioners Brendan Carr and Jessica Rosenworcel under unanimous consent but to hold over a vote on Pai and consideration of Carr's nomination to a second full term through 2023. Democrats opposed confirming Pai without invoking cloture because they want time for a floor debate (see 1708030060). Senate Republicans are hoping to bring Pai up for a floor vote before Columbus Day recess (see 1709130054).
Administration and oversight of the Lifeline USF program drew criticism during Thursday's Senate Homeland Security Committee hearing, as expected (see 1709130053), and committee leaders sought major improvements. Chairman Ron Johnson, R-Wis., and ranking member Claire McCaskill, D-Mo., indicated they will hold off on a legislative response until the national verifier program and other fixes instituted in the FCC 2016 Lifeline overhaul order fully roll out. McCaskill had said she would consider a possible bill, depending on results of the hearing, including a restructuring and budget cap (see 1709060063).
Senate Republicans are still aiming to bring FCC Chairman Ajit Pai up for a floor reconfirmation vote before Columbus Day recess, Commerce Committee Chairman John Thune, R-S.D., told reporters Wednesday. Senate Majority Leader Mitch McConnell, R-Ky., agreed to a deal in August to confirm now-FCC Commissioners Brendan Carr and Jessica Rosenworcel in which the Senate would hold over a vote on Pai and consideration of Carr's nomination to a second full term through 2023. Democrats opposed confirming Pai under unanimous consent because they want time for a floor debate in which they can register their disapproval of some of Pai's actions since he took over the FCC in January (see 1708030060). Thune said he anticipated floor debate and a vote on Pai likely would come in October, given the Senate's other prerecess legislative priorities. He said the amount of time the Senate will debate Pai's reconfirmation depends largely on Senate Democrats' preferences, including “how much of the clock they want to run, how hard they want to make it.” The Senate “will get [Pai] confirmed in the end but [Democrats] can do what they do to delay it,” Thune said.