Boucher To Become House Communications Subcommittee Chair

“This is clearly good for the smaller, more rural wireless providers,” a wireless-industry lawyer said. “Boucher represents rural areas in Virginia, and historically he’s been more sensitive to those sorts of concerns.”

One area where Boucher and Markey have differed is on phone competition policy, Medley Global Advisors wrote in a memo to clients. “Unlike Markey, Boucher has traditionally favored RBOCs over CLECs on competition policy issues,” the memo said. However, he has butted heads with incumbent operators when it comes to municipal broadband networks, the memo said. “Boucher is also an ally of the electric utilities and cooperatives and has supported their efforts to revamp the current pole attachment compensation regime.”

Boucher was seen as a Bell supporter during the fights between the big regional telcos and the CLECs, which sharply divided the committee during most of the 1990s and the first part of this decade.

“I think we will see some differences in degree of interest in certain areas,” said Harold Feld, senior vice president of the Media Access Project. “Boucher has traditionally had a stronger interest in technology issues and less of an interest in traditional media than Markey. So I would expect Boucher to be more interested in oversight hearings on things like broadband, but perhaps less interested in oversight hearings on media ownership. But again, we are talking shadings and degrees, not massive changes in philosophy.” On net neutrality, a crucial goal of MAP, Feld said, “Boucher has been supportive in the past and I expect he will be again here.”

A top telecom lawyer said Markey and Boucher have different personalities and styles and Boucher has stronger ties to incumbents. But the lawyer doesn’t expect major changes. “The tone will be a little bit more intellectual and thoughtful,” the source said. Another industry lawyer said, “Markey tends to be more consumer focused and more focused on market structure issues than Boucher who represents a rural district and is more concerned bout making sure that service gets to rural areas.”

Chris Murray, senior counsel at Consumers Union, said Boucher is a good replacement for Markey. “Markey was a steadfast friend of the consumer, and he will be missed -- but we couldn’t do better for a replacement than Rick Boucher, who is one of the most knowledgeable members of the committee on all things telecom and Internet,” he said. “His commitment to an open and unfettered consumer electronics has been instrumental in maintaining a robust media marketplace.”

Boucher has also been a critic of Bush administration DTV policies, the Medley Global Advisors note said. Plus, he has focused on DTV reception and antenna issues (CD Sept 26 p6). “We expect he will take an active role with the FCC and Commerce Department in crafting a strategy that assists rural consumers with antennae and converter box installation,” Medley said.

Small cable operators are already comfortable with Boucher. “We've spent a lot of time in his office because of the rural nature of his district and his leadership on telecom issues,” said Matt Polka, president of the American Cable Association. But there may not be much change in the work the committee accomplishes, he said. “Representative Boucher and Representative Markey are two of the brightest guys in congress as it relates to telecom,” he said. “They both have been very open to us and have wanted to understand our issues and engage on them.”

Boucher’s new role is a boon to the satellite industry, an industry lawyer said: “We're thrilled.” Boucher is known in some circles as the “father of satellite TV,” the lawyer said. “He knows the issues, he understands them and from a competitive standpoint, and he’s always been supportive of changes that make satellite more competitive with cable.”

Though Boucher’s track record on intellectual property rights is more likely to bring praise from fair-use advocates than from copyright proponents, “in my experience, things always change when you become chairman,” an industry lobbyist said. “He seems to be the type of person who likes to get things done. So maybe you try to find some compromise.” Boucher is no industry patsy, the wireless lawyer said. “But he’s someone who understands that things have to make sense from a business perspective in addition to a public policy perspective.”

Markey will remain a member of the subcommittee. The rest of the Democrats on the subcommittee for the 111th Congress are: Bart Gordon, Tenn., Bobby Rush., Ill., Anna Eshoo, Calif., Bart Stupak, Mich., Diana DeGette, Colo., Mike Doyle, Pa., Jay Inslee, Wash., Anthony Weiner, N.Y., G.K. Butterfield, N.C., Charlie Melancon, La., Baron Hill, Ind., Doris Matsui, Calif., Donna Christensen, Virgin Islands, Kathy Castor, Fla., Zack Space, Ohio, Jerry McNerney, Calif., Peter Welch, Vt. and John Dingell, Mich. Boucher did not attend Thursday afternoon’s organizational meeting of committee Democrats.

The changes cap a shift in House Democrats’ telecom leadership that began with Rep. John Dingell’s, D-Mich., ouster from the Energy and Commerce Committee chair (CD Nov 21 p1) or (CED Nov 21 p5) or (WID Nov 21 p1). Dingell and Markey had been the top two Democrats in the House on telecom issues for 22 years. “I'm not sure it’s a bad thing either,” a wireless industry lawyer said. “There’s a point at which change just for its own sake can be a good thing.”

Trade associations offered congratulations and praise for both legislators. “Congressman Boucher’s vast experience with Communications issues, in particular those affecting rural America, will serve him well in his new role,” USTelecom President Walter McCormick said. Comptel President Matthew Salmon pointed to Boucher’s record on promoting broadband deployment. Those efforts, and efforts to improve FCC processes “have been hailed by both sides of the aisle,” he said.

Boucher’s reputation as an antagonist to the copyright industries on intellectual property issues -- he introduces a fair-use bill every Congress and has opposed a broadcast flag -- may not carry over to his new role. Patrick Ross, executive director of the Copyright Alliance, predicted the subcommittee’s jurisdiction wouldn’t give Boucher the wiggle room to work on IP issues directly. The Judiciary Committee, where Boucher also is a member, moved up IP issues to the full committee amid speculation that Boucher would otherwise take over the IP subcommittee (CD Nov 13 p9). In his capacity as co-founder of the Congressional Internet Caucus, Boucher has “accomplished the most” with telecom issues, not IP, Ross told us. Boucher’s pursuit of net neutrality legislation, carried over from Markey, will presumably make clear that no bill should “in any way prevent an ISP from attempting to reduce the flow of infringing works on its network,” Ross said. A spokeswoman for the RIAA said Boucher “has always been very willing to listen and learn” about IP and telecom issues.

“There are always opportunities for the Commerce Committee to engage in IP-related issues,” a spokesman for Public Knowledge told us, disagreeing with Ross. Markey’s subcommittee dealt with music performance royalties, licensing issues for online video and other copyright issues in the last Congress. It’s not far-fetched to think that on IP, Boucher may buck Commerce Committee Henry Waxman (D- Calif.), an ardent supporter of Hollywood, given past tussles between chairmen, he said: “Dingell was a Bell guy and Markey favored MCI and competitors. It happens.” Public Knowledge President Gigi Sohn said Boucher “has been a fantastic friend to intellectual property and Internet proposals.”

“It’s not out of the question” that Boucher will charge hard on IP issues, an Internet industry official told us, calling Boucher “fabulous” on both copyright and net neutrality. Boucher is “steeped” in IP issues, and Waxman will likely focus on energy and health care, giving more leeway to Boucher, the official said.