Lawmakers were divided along partisan lines about Thursday's denial of industry’s request for a stay of the FCC net neutrality order by the U.S. Court of Appeals for the D.C. Circuit (see 1506110048), with Democrats especially pleased. Several lawmakers used the occasion to underscore their desire for bipartisan legislation. “This decision underscores the need for Congress to find a bipartisan legislative solution to protect, preserve, and promote the free and open Internet,” said Senate Commerce Committee Chairman John Thune, R-S.D. “Edge companies, broadband providers, and Internet users alike all need clear rules of the digital road so they can continue to innovate, invest, and use the Internet with confidence. Only Congress, on a bipartisan basis, can provide that legal certainty.” During court review, “I remain committed to finding true bipartisan consensus to take the important protections the FCC put into place and provide the certainty that only legislation can provide,” agreed Senate Commerce Committee ranking member Bill Nelson, D-Fla. “That legislation, though, must fully protect consumers, preserve the FCC’s role, and leave the agency with flexible, forward-looking authority.” The two primary lawmakers who tell us they're negotiating a compromise are Thune and Nelson (see 1506040046), with negotiations stalled in the House. Due to the ongoing litigation, “I remain open to trying to reach common ground in Congress on a way to enshrine the critical net neutrality protections adopted by the FCC in statute,” said Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, who said he’s privy to the Thune/Nelson negotiations. House Republicans called legislation “not only possible, but preferable.” The FCC rules implementation puts “our online future at risk," said House Commerce Committee Chairman Fred Upton, R-Mich., Communications Subcommittee Chairman Greg Walden, R-Ore., and Subcommittee Vice Chairman Bob Latta, R-Ohio, in a joint statement. “Unfortunately, we are now in for a long, unnecessary wait while the courts determine if the commission was out of bounds.” House Commerce Committee ranking member Frank Pallone, D-N.J., is “pleased” with the decision and lauded the importance of protections. Pallone didn't mention legislation, as he occasionally has in the past. The decision is “a critical validation that the new rules to protect an open Internet are grounded in strong legal footing and can endure future challenges by broadband providers,” said House Communications Subcommittee ranking member Anna Eshoo, D-Calif. Sen. Ed Markey, D-Mass., declared “the Internet is open for business for everyone”; Sen. Maria Cantwell, D-Wash., called the decision “a significant step forward” in defending strong, permanent rules; Rep. Doris Matsui, D-Calif., said the ruling is “a victory for the Internet”; and Senate Judiciary Committee ranking member Patrick Leahy, D-Vt., tweeted that the ruling is “another victory” for net neutrality. Rep. Darrell Issa, R-Calif., lamented the rules taking effect: “R.I.P. internet as we knew you,” Issa tweeted Friday. “You'll be missed.”
FCC Chairman Tom Wheeler juggles a contentious, complicated and not always visible relationship with GOP-controlled Capitol Hill in executing his agenda, said lawmakers and former FCC chairmen in interviews. More than 20 months into the Wheeler chairmanship, lawmakers from both parties praised Wheeler’s ability to face intense congressional oversight and cultivate relationships outside of the hearing room. Partisan undercurrents affected how some Republicans and Democrats perceive the 69-year-old Wheeler, an Obama administration appointee and former Obama campaign fundraiser, following explosively political debate on net neutrality.
Lifeline legislation is on deck for discussion Tuesday in a Senate Communications Subcommittee hearing. Lawmakers have offered conflicting reactions on whether to expand the program. The FCC is planning a June vote on a proposal to expand the Lifeline program to address broadband service (see 1505280037).
Partisan tensions flared Wednesday during a markup of the House Communications Subcommittee, which advanced seven pieces of FCC process overhaul legislation. The subcommittee uncontroversially signed off on three Democratic proposals. A partisan fight broke out over three GOP proposals and the details of the bipartisan FCC Process Reform Act. It provoked what House Communications Subcommittee Chairman Greg Walden, R-Ore., said was a “breakdown” regarding a disagreement with ranking member Anna Eshoo, D-Calif.
House Communications Subcommittee Chairman Greg Walden, R-Ore., approves of Democratic FCC transparency revamp measures, he said during a brief subcommittee hearing Friday. But Democrats complained of Democratic measures not taken up. They pointed to the Keeping Our Campaigns Honest Act (HR-2125), which would press for a greater FCC role in disclosure of political spending on the airwaves.
The House Communications Subcommittee promises to mark up FCC process revamp bills next week. The committee tweeted Monday that it will hold a markup next week “on Republican & Democratic bills to improve @FCC process & #transparency,” not naming a date. The subcommittee had a hearing on such draft legislation at the end of April and plans a second this Friday at 9:15 a.m. in 2322 Rayburn, considering a version of the FCC Process Reform Act and Democratic drafts from Reps. Yvette Clarke, D-N.Y.; Dave Loebsack, D-Iowa; and Doris Matsui, D-Calif.
Net neutrality recurred as a topic through three interviews with lawmakers during the latest episode of C-SPAN’s The Communicators, set for telecast over the weekend. “I just think this will be very, very hard to overturn and turn this back, but we have to be vigilant, there’s no question about that,” Sen. Al Franken, D-Minn., said of GOP legislation that may roll back parts of the FCC’s net neutrality order. Rep. Doris Matsui, D-Calif., praised the FCC’s order and recalled a field hearing she held last year with two FCC commissioners on the topic. House Judiciary Committee Chairman Bob Goodlatte, R-Va., argued the opposite, saying “we also should be acting in the Congress” to counteract the order. “Our position there is also very strong -- that you can protect the openness of the Internet a better way by having competition protected by antitrust laws,” Goodlatte said. “That’s the historic way we’ve done it in our country.” The various avenues include a Congressional Review Act resolution of disapproval, which Goodlatte already backs, and the appropriations process, he said. Goodlatte also considered potentially tweaking antitrust laws if businesses required that for assurances. Matsui, a co-chair of the Congressional Spectrum Caucus, lauded the revenue from the recent AWS-3 spectrum, saying broadcasters, formerly “very, very lukewarm” about participating in the broadcast TV spectrum incentive auction, now see it more as “an opportunity.” She spoke of the importance of relationships developing between Congress and federal agencies to free up spectrum, saying the Pentagon is “the toughest nut to crack” on the spectrum front. She emphasized her commitment to the bipartisan Federal Spectrum Incentive Act she sponsors. “I believe we’ll work with some of the incentives there,” Matsui said, referring to the percentage of revenue that federal agencies could recoup from giving up spectrum to auction -- currently at 1 percent. “A lot of the federal government agencies are really looking at this too.” Franken spoke of his great pleasure now that Comcast isn't pursuing Time Warner Cable. He's "skeptical" of AT&T's proposed buy of DirecTV but didn't say whether he opposes it.
“Technology has huge potential to both improve patient care and reduce health care costs,” Rep. Doris Matsui, D-Calif., said in a written statement after a House Commerce Health Subcommittee meeting Thursday. The ultimate goal is to advance quality telehealth services within the Medicare program, while recognizing that telehealth can save the system money, Matsui said. The ability for healthcare providers to communicate electronically is critical, she said. “Interoperability of health IT systems will facilitate population health research and improve patient care.” The 21st Century Cures initiative takes advantage of innovation, which leads to breakthrough cures and getting technology to patients faster, Matsui said.
House Communications Subcommittee Democrats fired back at the transparency push from subcommittee Republicans by pushing four draft measures of their own Thursday, amid an effort to overhaul the Communications Act. Committee Republicans have said the initiative will be in smaller measures rather than in one comprehensive piece of overhaul legislation (see 1504290037).
A recently revived piece of spectrum reallocation legislation still hasn't resolved a core debate over whether its provisions go far enough. The bipartisan, bicameral Federal Spectrum Incentive Act (S-887/HR-1641) spurred much discussion and praise this Congress and last but has yet to move. Past administration officials familiar with federal government agencies have cast doubt on whether it provides enough incentive for federal agencies to give up spectrum, but despite open debate about the incentive figure, many stakeholders said in interviews they see good chances for movement and believe that it could evolve as the legislation advances.