Spectrum overhaul was a dominant effort this Congress for Senate Commerce Committee Chairman John Thune, R-S.D., and he pledges to continue fighting for spectrum legislation in 2017 under the administration of President-elect Donald Trump. Emails acquired by Communications Daily through an open records request show a complicated back and forth as Thune tussled with the Obama administration throughout 2015 and 2016 over initial drafts of his Mobile Now bill (S-2555), revealing in detail for the first time publicly specific administration objections that he and other lawmakers referred to in negotiating over the measure. Those debates may pick up next year.
Two Democratic senators who have strongly backed the planned Internet Assigned Numbers Authority handover told us Wednesday they oppose a potential compromise on the short-term continuing resolution to fund the government when FY 2016 ends Sept. 30 that would delay the move. Senate Commerce Committee Chairman John Thune, R-S.D., and other Senate Republicans were pushing for the inclusion of CR language that would extend an existing rider in the Department of Commerce's FY 2016 budget that bars NTIA from using its funds during the fiscal year to execute the IANA transition (see 1609130050).
A summer groundswell of dialogue about overhauling the Communications Act could trigger a new and compelling rewrite effort next year, but not necessarily, several members of Congress told us. Some see promising signs, such as possibly diminished focus on net neutrality (see 1608030022) and a bigger focus on less inherently partisan policy debates on video law. Several lawmakers said the coming change in administration and shifts in committee leadership are significant in spurring a revived effort, and many stressed a sense of need, now 20 years after the last major overhaul.
The FCC shouldn't delay its overhaul of the business data services market, four Democrats on the House Communications Subcommittee said in a Friday letter circulating among House colleagues. “The time has come for the FCC to use the extensive data collected over the last several years to undertake competition-based reform of the BDS market in urban and rural areas alike,” said the letter. “After more than a decade of study, we strongly urge you to support the FCC’s evidence-based efforts to unleash benefits for America’s businesses and consumers and to lead the world in next generation communications infrastructure. … FCC Chairman Tom Wheeler has made it an important goal to adopt these updated rules by the end of this year, and we urge him to complete this important Democratic priority without delay.” Rep. Mike Doyle, D-Pa., a longtime advocate on this issue, led the letter, also signed by Communications Subcommittee ranking member Anna Eshoo, D-Calif., and Reps. Peter Welch of Vermont and Doris Matsui of California.
Rep. Peter Welch, D-Vt., introduced the WiFi Capable Mobile Devices Act Thursday to “direct the [FCC] to adopt rules and conduct outreach to offer recipients of assistance under the Lifeline Assistance Program mobile devices that are capable of receiving a WiFi signal and are capable of tethering with other WiFi compatible hardware or devices.” He cited the bill Tuesday, associating it with the concept of the homework gap (see 1607120076). Reps. Doris Matsui, D-Calif., and John Yarmuth, D-Ky., co-sponsored the bill, an aide told us. The three-page bill text, provided by the aide, said the FCC must begin a rulemaking and outreach program within 18 months of enactment. The agency would have to “provide incentives to such providers to work with schools and libraries to conduct outreach to those eligible for assistance under such program.”
House Minority Whip Steny Hoyer, D-Md., said several telecom bills would be considered under the umbrella of his “Make It in America” policy initiative, a recurring focus of his for years that he revived earlier this summer (see 1606130023). He listed affiliated legislation, including the Broadband Adoption Act (HR-2638) and Spectrum Challenge Prize Act (HR-4190) from Rep. Doris Matsui, D-Calif. “By bolstering our modern infrastructure, House Democrats’ Make It In America Plan puts American businesses at the forefront of opportunity,” Matsui said in a statement Friday. “The legislation I have authored that is included in this plan will help close the digital divide, support American clean energy manufacturing, and encourage wireless innovation. I look forward to working with Whip Hoyer to move our agenda forward.”
Capitol Hill backers of the Wi-Fi Innovation Act pressed the FCC to “proceed expeditiously with collaborative testing to determine how unlicensed devices can coexist with existing users of the [5.9 GHz] band,” in a Friday letter to FCC Chairman Tom Wheeler. “We are confident the FCC can identify and successfully resolve any potential interference issues through thorough analysis and testing, and we hope this process will ultimately unleash innovation, spur the economy, and expand Wi-Fi while protecting safety-of-life transportation systems.” Sens. Marco Rubio, R-Fla., and Cory Booker, D-N.J., and Reps. Anna Eshoo, D-Calif., Bob Latta, R-Ohio, Doris Matsui, D-Calif., and Darrell Issa, R-Calif., signed the letter. “The public notice recently issued by the Commission sets forth clear guidelines to test prototype devices and most importantly, includes deadlines to complete testing by early 2017,” they said. “We strongly encourage you to adhere to these timelines.”
Tuesday’s court ruling upholding the FCC net neutrality order likely forecloses any legislative movement on the topic this Congress, lawmakers in both chambers and from both parties told us after the ruling. The 2-1 U.S. Court of Appeals for the D.C. Circuit (see 1606140023) ruling frustrated Republicans and thrilled Democrats, many of whom released statements and expressed interest in the expected appeals process. Capitol Hill offices had been watching closely for the long-awaited D.C. Circuit ruling and weighing legislative possibilities depending on the ruling (see 1606090064).
This year’s wait for a net neutrality court ruling may not prevent Congress from jumping into action legislatively if the nature of the ruling demands it, lawmakers said in interviews this week. Some disputed concerns about few legislative days remaining in 2016. Those on the Commerce committees eagerly await the U.S. Court of Appeals for the D.C. Circuit decision to the industry challenge to the FCC order, they told us, which has taken months beyond what some observers imagined likely. Some members of Congress think the Capitol Hill timing challenges, with recess periods in much of July, August and October, may prohibit much reaction.
Rep. Doris Matsui, D-Calif., hosted a private Innovation Agenda 2.0 listening session in Sacramento Thursday alongside House Communications Subcommittee ranking member Anna Eshoo, D-Calif., a Matsui spokeswoman told us. The aide said the 16 participants in the session included Bitwater Farms President Sean McDonald; California State University-Sacramento President Robert Nelsen; Hacker Lab co-founder Gina Lujan; Micromidas CEO John Bissell; Synergex CEO Michele Wong and Velocity Venture general partner Jack Crawford. House Democrats also hosted listening sessions in New York and New Jersey this week (see 1606010050).