Two more House members signed on as co-sponsors to the Local Radio Freedom Act (H. Con. Res. 16), giving the measure 224 co-sponsors in the House, said an NAB news release Thursday (http://bit.ly/1oYp5GD). The resolution has 15 co-sponsors in the Senate, it said. Reps. Cheri Bustos, D-Ill., and Peter DeFazio, D-Ore., are the most recent co-sponsors, it said. The resolution would oppose “'any new performance fee, tax, royalty, or other charge’ on local broadcast radio stations,” said the release.

The Senate Judiciary and Intelligence committee heads discussed on Thursday cooperating on a single surveillance overhaul bill, speaking at an executive session of the Judiciary Committee. The Senate has been considering HR-3361, the modified USA Freedom Act, which the House passed earlier this year. Senate Intelligence leadership is open to trying “to work from the House bill,” said Intelligence Chairman Dianne Feinstein, D-Calif., a member of Judiciary. Intelligence ranking member Saxby Chambliss, R-Ga., has “concerns” with the USA Freedom Act, but “I think we can take care of them,” Feinstein said. Judiciary Chairman Patrick Leahy, D-Vt., who sponsored the original USA Freedom Act in the Senate, said there are “some problems” with the House-passed version of the legislation but he’s “committed to moving forward with surveillance reform legislation in the Senate,” he said. The bill would have to “effectively” ban bulk collection of metadata, he said. Feinstein outlined a need to work closely with Leahy, with one surveillance bill on the floor rather than two. Feinstein noted the significance of moving metadata storage away from the government and to companies, a system in which the “telecoms would receive immunity.”

The Senate Judiciary Antitrust Subcommittee scheduled its expected oversight hearing on AT&T’s proposed DirecTV purchase for June 24, it said in a notice Thursday. It will be at 2:30 p.m. in 226 Dirksen. The House Judiciary Antitrust Subcommittee plans its oversight hearing on the deal the morning of that same day, with AT&T CEO Randall Stephenson and DirecTV CEO Michael White to testify at that first hearing. Witnesses weren’t announced for the Senate hearing.

Police should need a warrant to acquire cellphone location data from a service provider, the 11th U.S. Circuit Court of Appeals ruled Wednesday (http://bit.ly/SRkbR8). “The exposure of the cell site location information can convert what would otherwise be a private event into a public one,” said the ruling. “When one’s whereabouts are not public, then one may have a reasonable expectation of privacy in those whereabouts.” The decision is a boon to those arguing for an expectation of privacy regarding electronic communications, American Civil Liberties Union privacy and technology lawyer Nathan Freed Wessler told us. Wessler argued the case before the 11th Circuit. “It bolsters the case for Congress to adopt legislation requiring a warrant for electronic location tracking by law enforcement,” he said. Location tracking has been a recent issue on the Hill -- Sen. Al Franken, D-Minn., recently held a hearing on his Location Privacy Protection Act (CD June 5 p12), and other lawmakers like Reps. Zoe Lofgren, D-Calif., and Jason Chaffetz, R-Utah, have introduced bills (HR-983 and HR-1312) to limit commercial and governmental collection and access to location data. “I think this ruling will help spur legislative reform,” Wessler said. These bills “will both help police by setting clear rules and safeguard American’s privacy by requiring a warrant."

The Senate Judiciary Committee will mark up S-2454, the Satellite Television Access Reauthorization Act of 2014, next Thursday at 9:30 a.m. in 226 Dirksen. Chairman Patrick Leahy, D-Vt., and ranking member Chuck Grassley, R-Iowa, introduced the clean, two-page STELA bill on Tuesday. It’s the only piece of legislation Judiciary will consider at this executive business meeting, alongside several nominations.

Sixty House Republicans attacked the FCC for its planned move to pre-empt state laws restricting municipal broadband networks. House Commerce Committee Vice Chairwoman Marsha Blackburn, R-Tenn., led the letter, along with Reps. Bill Johnson, R-Ohio, and Mike Pompeo, R-Kan. “Unfortunately, it appears the Commission has determined it will move forward without Congress’ approval and despite states’ determination to protect their taxpayers,” the Republicans said, calling state governments more attentive to the needs of state residents. The FCC would set “a dangerous precedent” and violate “state sovereignty” by preempting the laws, they said. The letter included eight questions and a request for answers by June 30. They asked the FCC Chairman Tom Wheeler whether, if the courts struck down the action, it would weaken the agency’s credibility and the level of deference the agency must pay local lawmakers. “How does the FCC believe [Communications Act] Section 706 authority trumps the states’ rights in the Constitution?” they asked, also wondering if the FCC would “bailout” municipalities or states upon municipal broadband failure. Other signers included Communications Subcommittee Vice Chairman Bob Latta, R-Ohio, and Reps. Steve Scalise, R-La., and Darrell Issa, R-Calif. But the FCC is, without prejudgment, proceeding in a fact-based manner, potentially looking at conducting a case-by-case evaluation of petitions that municipalities would file asking the agency to pre-empt state laws, a spokesman told us. The January U.S. Court of Appeals for the D.C. Circuit decision upheld the Section 706 authority that would allow for this process, with the dissent explicitly naming such state laws as a barrier to infrastructure investment, the spokesman said.

Three top House Democrats want the Communications Subcommittee to hold a hearing on industry consolidation, focusing on Comcast’s proposed purchase of Time Warner Cable, AT&T’s proposed purchased of DirecTV and the possibility of a SoftBank/T-Mobile deal. “If approved, these mergers could have a lasting impact on the wireless and broadband marketplace as well as how video programming is produced, distributed, and consumed across multiple platforms, including broadband-delivered video services,” said Commerce Committee ranking member Henry Waxman, D-Calif., Communications Subcommittee ranking member Anna Eshoo, D-Calif., and Rep. Doris Matsui, D-Calif., in a letter to Chairman Fred Upton, R-Mich., and Subcommittee Chairman Greg Walden, R-Ore. (http://1.usa.gov/1q1xEEe). “The Communications and Technology Subcommittee with its oversight jurisdiction over the media and communications sector has a responsibility to ensure these proposals meet the public interest test and truly benefit American consumers.” A GOP aide has previously stressed to us that Walden prefers to watch these deals and let the expert agencies review the transactions, only intervening with a hearing if there are any problematic issues.

Sen. Marco Rubio, R-Fla., introduced legislation Wednesday focused on expanding access to spectrum for carriers, much to the delight of CTIA and PCIA. The Wireless Innovation Act, which Rubio alluded to at a spring event, would reallocate 200 MHz of government spectrum for commercial use, Rubio said in Washington at an invitation-only event at 1776, a hub for tech startups. The federal government “has to be forward-thinking” and have “a series of auctions over several years” to free up spectrum “in a clear and predictable manner,” Rubio said, with NTIA better evaluating the value and use of the federally held spectrum. There is a need for more transparency and accountability of government spectrum use, Rubio said. The bill is focused on clearing spectrum for commercial use and would also focus on unlicensed spectrum, Rubio said. The bill would make the FCC move forward with testing the 5 GHz band of spectrum and allow for Wi-Fi use if there’s no harmful interference, he said. The legislation would also kill infrastructure barriers for carriers, whether at the level of state and local regulation or federal agency delays, he said: “A small cell should not be subject to the same requirements as a tower.” He lamented local governments extracting fees from the siting review process and the need “to account for non-tower structures and the collocation of wireless facilities.” CTIA is “excited” about Rubio’s commitment and “forward-looking spectrum policy like this bill,” encouraging investment and economic growth, said CTIA Vice President-Government Affairs Jot Carpenter. Rubio’s “approach recognizes the essential role of wireless infrastructure in expanding broadband capacity,” said PCIA President Jonathan Adelstein. “Government should not be a barrier because Americans cannot afford a delay in wireless broadband deployment due to outdated and burdensome rules.” Rubio referred to the Internet of Things and exploding consumer demand, calling spectrum “the lifeblood of the greatest innovations occurring today” and a “finite” asset. “More needs to be done,” Rubio said. He cautioned against “clinging” to rules of the last century. At our deadline, Rubio had not released a copy of the legislation nor any news release on it, and a spokesman did not supply the bill text.

Comcast disputed the arguments the Computer & Communications Industry Association made to Sen. Al Franken, D-Minn., earlier this week (CD June 10 p12) on the cable company’s proposed buy of Time Warner Cable. Comcast “actively competes” against certain CCIA members, it said. “The size of this deal is not unprecedented -- in fact, after the deal [and its associated divestitures], Comcast will have the same [video] market share as it had throughout most of the first decade of the 21st Century,” Comcast told us Tuesday about CCIA’s concerns. “It is particularly disappointing that the association has gotten their facts wrong about Comcast’s share of the broadband market, which will actually only be about 20-40 percent, much lower than its inaccurate figures claim. We'll also be less than 30 percent of the video market -- a level the federal appellate courts have twice said is not too concentrated.” The deal would have “many benefits” for consumers, Comcast said.

Sen. Marco Rubio, R-Fla., is planning a “special announcement” on wireless spectrum Wednesday at an invitation-only event planned in Washington. Rubio will host a 3 p.m. fireside chat and question-and-answer session at 1776, a tech hub for Washington startups. Rubio plans “to discuss the importance of spectrum reform in encouraging innovation in the 21st century,” said a Tuesday media advisory. In March, Rubio had said he would introduce legislation calling for the reallocation of 200 MHz of federally held spectrum for commercial use. He has yet to introduce the legislation. A spokesman for Rubio did not comment on whether he would introduce the bill Wednesday.