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.

The House Judiciary Committee plans a hearing on net neutrality, tentatively June 20 at 9 a.m., two committee aides told us. The FCC is collecting comments on how best to reinstate net neutrality rules. The committee has not formally announced any hearing on net neutrality. Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., plans a field hearing in Vermont on the issue in July, he has said.

NAB General Counsel Jane Nago will attack recent FCC actions on media ownership, and Media Bureau Chief Bill Lake will defend them, said their written statements for a Wednesday House Communications Subcommittee hearing on the topic. The FCC “has failed to fulfill its obligation to review and update the broadcast ownership rules in light of current competitive conditions,” Mago plans to say (http://1.usa.gov/1kjcdGT). “Congress should require that the FCC complete its quadrennial review of the ownership restrictions in a timely manner.” Congress should also “examine how the FCC’s administration of the ownership rules has affected investment and opportunity in broadcasting,” she will say. The FCC did not fail to complete the quadrennial review due to “lack of effort,” Lake will argue (http://1.usa.gov/1l4Wwro), citing the agency’s desire to now complete the review by June 30, 2016. His written statement includes a broad summary and defense of the FCC’s recent actions limiting sharing agreements. The hearing is at 10:30 a.m. in 2123 Rayburn.

A financial analyst will also testify on media ownership issues this week. RBC Capital Markets Managing Director-Global Media Equity Research David Bank is the sixth witness at the House Communications Subcommittee’s Wednesday hearing, at 10:30 a.m. in 2123 Rayburn, according to the official witness list (http://1.usa.gov/1hAZoNc). It includes, as expected (CD June 9 p12), witnesses from the FCC and NAB. “Decades-old ownership rules simply have not kept up with changes in the media marketplace and are hampering traditional media’s ability to compete,” House Republicans said in a memo for the hearing, also slamming the FCC’s recent change to attribution rules. “This change in attribution rules could force broadcasters to divest stations or dissolve agreements that are beneficial to bringing local content to smaller markets,” a change that’s “troubling, given the benefit generated from such arrangements,” said the memo.

"In the digital age, our outdated and unfair music licensing policies could totally silence the next generation of songwriters if this Congress delays action on music licensing,” said House Judiciary IP Subcommittee member Doug Collins, R-Ga., in a release (http://1.usa.gov/SsO4Xn) Monday on the House Judiciary IP Subcommittee hearing on compulsory music licensing at 10 a.m. in 2141 Rayburn Tuesday (http://1.usa.gov/1oWQCLU). “I will not rest until my bill, the Songwriter Equity Act [SEA], and legislation like it that actually encourages American innovation get swift and thorough consideration,” said Collins, who introduced SEA, HR-4079 Feb. 25 (CD Feb 26 p13). “Terrestrial radio broadcasters continue to deny musicians any right whatsoever to performance royalties for the use of their music, which radio giants use to make billions in annual advertising revenue,” said Neil Portnow, Recording Academy CEO, in prepared testimony (http://1.usa.gov/TB5q5Q). Portnow slammed NAB for opposing performance royalties on terrestrial radio and expressed support for SEA. “Congress should look first and foremost at ways to eliminate government regulation in the songwriting business,” said David Israelite, National Music Publishers’ Association CEO, in prepared testimony (http://1.usa.gov/1kL2ZrG). “But in the absence of a free market, the processes that determine what creators are paid must be improved to attempt to reflect fair market compensation,” said Israelite. Broadcast Music Inc. CEO Michael O'Neill in prepared testimony (http://1.usa.gov/TB7Cdy) suggested four reforms to the consent decree process instituted by the Department of Justice. A “digital rights withdrawal” under the BMI consent decree and BMI’s ability to “license multiple rights” were included as possible reforms, said O'Neill. SEA and the Respecting Senior Performers as Essential Cultural Treasures (RESPECT) Act (HR-4772) “take us in the wrong direction by seeking to create additional anomalies within the music licensing framework which cater to the unique interests of only a limited group of stakeholders,” said Lee Knife, Digital Media Association executive director, in prepared testimony (http://1.usa.gov/1xzeJTt). The RESPECT Act seeks to ensure the payment of performance royalties for pre-'72 sound recordings on digital radio. The bill was introduced by House Judiciary Committee ranking member John Conyers, D-Mich., and House Judiciary IP Subcommittee member George Holding, R-N.C., May 29.