The Senate reconfirmed FCC Chairman Ajit Pai Monday (see our bulletin 1710020030), and as expected 1709280056), on a 52-41 vote. Four Democrats voted for Pai: Sens. Joe Manchin, W.Va.; Claire McCaskill, Mo.; Gary Peters, Mich.; and Jon Tester, Mont. The final vote followed a floor debate in which Senate Republicans strongly backed Pai and Democrats criticized the chairman for his proposed rescission of 2015 net neutrality rules, Sinclair's proposed buy of Tribune and other controversial policy matters (see 1709150060). Pai's new term lasts until June 30, 2021.
Congress Expected to Wait for More Definitive FCC Estimates on Need for Additional Repacking Funding
The timeline for House and Senate Commerce committees to act on legislation to provide additional funding for post-incentive auction repacking appears to hinge on when the FCC can provide more concrete estimates of how much repacking costs will exceed the $1.75 billion allocated in the Broadcaster Relocation Fund, lawmakers and lobbyists told us. House Republican Conference Chairman Cathy McMorris Rodgers, R-Wash., and Rep. Anna Eshoo, D-Calif., are circulating a letter that could heat up the debate over whether Congress should grant the FCC more authority to not penalize broadcasters that can't meet the existing 39-month repacking timeline, lobbyists said.
The Senate confirmed FCC Chairman Ajit Pai for another term Monday, as expected. Pai's new term lasts until June 30, 2021. Votes were continuing at our deadline, but late Monday afternoon he reached the threshold needed.
Capitol Hill Democrats unveiled a proposal Thursday for a $40 billion investment in broadband deployments in rural, urban and tribal areas, part of their “A Better Deal” economic agenda. The broadband proposal would rely on a mix of public and private participation, including involvement from ISPs and local governments, Democrats said in a white paper. “The electricity of 2017 is high-speed Internet,” the Democrats said in a parallel to the Great Depression-era push to expand electric power deployment. “This is a really good deal,” said Sen. Joe Manchin, D-W.Va., during a news conference: Urban areas “take this for granted.” Sen. Ed Markey, D-Mass., said, "Whether you are in the Berkshires or Bozeman, the infrastructure that connects Americans to each other is helping spur economic growth and democratic action.” Sens. Debbie Stabenow, D-Mich., and Jon Tester, D-Mont.; and Reps. Cheri Bustos, D-Ill., Ann McLane Kuster, D-N.H., Rick Nolan, D-Minn., and Terri Sewell, D-Ala., also joined in unveiling the plan. The lawmakers said they would pursue inclusion of their plan in a broadband title in a forthcoming infrastructure legislative package and could also pursue including it in future appropriations bills. The proposal drew laudatory statements from some. "Closing the digital divide won’t be easy or inexpensive, but an economic jump-start for areas without access to broadband internet service will be worth the investment and remains a national priority," said USTelecom CEO Jonathan Spalter. CTIA is “encouraged by today’s announcement by Democrats highlighting the importance of expanding rural broadband access,” said Senior Vice President-Government Affairs Kelly Cole. “The wireless industry stands ready to work with all policy makers to enact policies that will support investment and deployment of infrastructure that will increase connectivity for all Americans.”
The Senate invoked cloture Thursday on FCC Chairman Ajit Pai's reconfirmation 55-41. It begins a long-expected floor debate in which Democrats strongly criticized the commission's proposed rescission of 2015 net neutrality rules, Sinclair's proposed buy of Tribune and other controversial policy matters (see 1709150060). Forty-nine Senate Republicans and six Democrats voted in favor of invoking cloture on the Pai debate, confirming expectations the Democratic caucus wouldn't be fully unified. At least four of those Democrats told us they are planning to support Pai again when a final confirmation vote occurs Monday.
Walter Copan, National Institute of Standards and Technology director nominee, emphasized the importance of increasing the visibility and private sector use of the agency's cybersecurity framework, during a Senate Commerce Committee hearing Wednesday. He faced questions on cybersecurity and on providing support for FirstNet (see 1709270056). Meanwhile, Consumer Product Safety Commission Chairman nominee Ann Marie Buerkle, up for reconfirmation, faced a question from Sen. Catherine Cortez Masto, D-Nev., on the extent to which the CPSC should factor into its work IoT and other emerging technologies. The NIST framework is an “essential underpinning for both national security and economic security,” Copan said in response to a question from Chairman John Thune, R-S.D. “If confirmed, I look forward to leading this organization to further develop and communicate” the framework and adapting other cybersecurity tools to a rapidly changing marketplace. Sen. Amy Klobuchar, D-Minn., asked Copan to talk about how he would “ensure FirstNet is able to provide reliable priority service” to first responders. NIST's role “in understanding the allocation of spectrum and supporting technologies for FirstNet is a high priority,” Copan said. Cortez Masto suggested Buerkle consider how CPSC's interest should expand in response to “this new technological age,” particularly in relation to IoT and digital products. “We are beginning our inquiry” into how IoT and other digital products will change how CPSC conducts hazard inquiries and recalls, Buerkle said. “It is something that we are paying attention to and will look to invest some funds into it.”
House Communications Subcommittee Chairman Marsha Blackburn, R-Tenn., intends to decide within a week whether she will seek the Republican nomination for the Senate seat of retiring Sen. Bob Corker, R-Tenn., a Blackburn campaign spokeswoman said Wednesday. The spokeswoman pushed back against reports that Blackburn would announce her candidacy as soon as Wednesday, saying Blackburn intends to evaluate her possible candidacy over the weekend with family. Corker said Tuesday he won't seek re-election next year to a third term, immediately opening speculation about a possible Blackburn candidacy and the accompanying contingency that she would vacate her chairmanship of House Communications at the end of the current Congress. Two communications sector lobbyists told us they fully expect Blackburn to run for Corker's seat. Blackburn's campaign Twitter account released a new campaign logo Tuesday but didn't tip whether she would seek the Senate seat. Blackburn was seen earlier this year as a possible candidate to replace Corker in the Senate if President Donald Trump nominated Corker as secretary of state (see 1612300029). Public Knowledge Senior Vice President Harold Feld suggested the possibility of a Blackburn defeat in the Senate race Wednesday, saying in a Facebook post that she can be painted “as a tool of special interest, particularly cable/broadband.” He noted Blackburn's role in leading the Congressional Review Act resolution of disapproval effort that in March abolished FCC ISP privacy rules and her related difficulty in advancing the Balancing the Rights of Web Surfers Equally and Responsibly Act (HR-2520) as potential liabilities in a Senate run.
Sen. Maria Cantwell, D-Wash., fired a pre-debate salvo Wednesday against FCC Chairman Ajit Pai's reconfirmation to a new five-year term, saying on the Senate floor that Pai “wasted no time in moving the agency away” from its public interest mission, most notably via the May NPRM proposing to rescind 2015 net neutrality rules and related reclassification of broadband as a Communications Act Title II service. Senate Majority Leader Mitch McConnell, R-Ky., filed cloture Tuesday on Pai's reconfirmation, setting the stage for a long-anticipated floor debate in which Democrats vowed to focus on net neutrality, Sinclair's proposed buy of Tribune and other controversies (see 1709150060 and 1709260049). That debate could begin formally later this week and Cantwell said a final vote on Pai could happen Monday. “A strong and open internet is key to an economy of the future” but Pai is “poised to undo” the existing rules, Cantwell said. “As long as he continues to hold that position [against the 2015 rules], I cannot support his nomination.” Gigi Sohn, aide to former FCC Chairman Tom Wheeler, sought signatures Wednesday for a Free Press-led petition urging the Senate to vote down Pai (see 1709250057). Pai “is genuinely one of the nicest people in Washington,” but “nice guys don’t always make good policy,” Sohn wrote on The Verge website. “Pai’s record means real danger for American consumers and the internet itself.” The vote “will be a stark referendum on the kind of communications networks and consumer protections we want to see in this country,” Sohn said. More than 40 supporters of the rules lobbied lawmakers and Capitol Hill staffers Wednesday as part of an advocacy day organized by Public Knowledge, Free Press and other public interest groups. The meetings were an opportunity for “average Americans, not lobbyists, to put a human face to all these Congressional calls and legal comments” in favor of the 2015 net neutrality rules, said PK Associate Policy Council Kate Forscey. Fifty-seven percent of Americans backed FCC net neutrality rules, 16 percent were opposed and 27 percent didn't state an opinion, said a Consumers Union release Wednesday, citing a July 20-23 "nationally representative" survey of 1,005 adults by its parent organization Consumer Reports. The survey question said: The FCC "has rules for an Open Internet, sometimes referred to as ‘net neutrality’. These rules prohibit certain practices by internet service providers, to protect your ability to go where you want when you want online. The current net neutrality regulations prohibit internet service providers from blocking or discriminating against lawful content on the internet. To what extent do you support or oppose the rules and regulations just described?" CU said it joined Public Knowledge and other groups Wednesday on Capitol Hill in a "Net Neutrality Day of Advocacy" to lobby lawmakers.
Senate Majority Leader Mitch McConnell, R-Ky., filed cloture Tuesday on FCC Chairman Ajit Pai's reconfirmation to a five-year term. The move kicks off a long-anticipated floor debate that Senate Democrats said they're determined to focus on net neutrality, Sinclair's proposed buy of Tribune and other controversial policy matters (see 1709150060). A cloture vote on Pai's reconfirmation could come as soon as Thursday.
Sen. Orrin Hatch, R-Utah, was set at our deadline Monday to have spoken on the Senate floor about Makan Delrahim’s nomination to lead DOJ’s Antitrust Division and other “hot-button antitrust issues,” amid perceived progress in moving forward on Delrahim’s confirmation, Hatch’s office said. Sen. Elizabeth Warren, D-Mass., lifted the hold she placed on Delrahim over concerns about his views on telecom and media antitrust issues and possible White House interference in antitrust cases like Justice’s ongoing review of AT&T’s proposed purchase of Time Warner (see 1709150060), a Senate GOP aide said. Hatch had criticized the Senate's decision before the August recess not to include Delrahim in a package of nominees confirmed under unanimous consent (see 1708030063). Hatch “has worked closely with colleagues on both sides of the aisle to address remaining concerns about Delrahim’s nomination, and is optimistic that Makan will [be] confirmed in the near future,” Hatch’s office said in a statement. Warren’s office didn’t comment.