A partisan rift persisted and clouded prospects for net neutrality legislation Wednesday, which GOP lawmakers in both chambers began circulating in draft form last week. GOP leaders of the Commerce committees held two hearings on legislation they call a bipartisan compromise, spurring plentiful outcry from Democrats. The draft text would codify several net neutrality protections while limiting FCC authority under Communications Act Title II and Telecom Act Section 706. No Democrats have lent any backing, and many observers have guessed a White House veto of a partisan bill is likely.
Republican leaders of the Commerce committees want what they call a public discussion on a new net neutrality proposal. House Commerce Committee Chairman Fred Upton, R-Mich., is partnering with Senate Commerce Committee Chairman John Thune, R-S.D. Some observers see bipartisan congressional resolution of net neutrality debates as the only way to allow an overhaul of the Communications Act later this Congress.
President Barack Obama declared his support Wednesday for ending state laws that restrict or prohibit municipal broadband deployments and said he would file a letter with the FCC urging the commission to use its authority to remove barriers to local broadband deployments, as expected (see 1501130067). “I believe a community has the right to make its own choice” on deploying broadband free from state restrictions, Obama said in a speech in Cedar Falls, Iowa, which has a municipal broadband network. He said “all of us,” including the FCC, “should do everything we can to push back on those old laws.”
Rep. Anna Eshoo, D-Calif., reclaimed her spot as leader of the House Communications Subcommittee Democrats Thursday at a private meeting of Commerce Democrats, she told us. She anticipates a robust telecom agenda in the next Congress but also warned against any brewing Senate plans to pre-empt the FCC on its Feb. 26 net neutrality rules vote.
Net neutrality controversy intensified on the second day of the 114th Congress. Senate Commerce Committee Chairman John Thune, R-S.D., suggested there may, in fact, be a split between Republicans and Democrats on a piece of net neutrality legislation he and ranking member Bill Nelson, D-Fla., have been crafting. Nelson confirmed in an interview Tuesday that such bipartisan collaboration has been underway for weeks and said to stay tuned (see 1501060051). Meanwhile, Democrats reintroduced a partisan bill that would codify strong FCC net neutrality protections, banning paid prioritization.
House Commerce Committee ranking member Henry Waxman, D-Calif., sees the potential for a Capitol Hill net neutrality debate to upend any attempt to overhaul the Communications Act, he said. House and Senate Republicans have said they want to update the act, with a focus in earnest set for next Congress.
Rep. Doris Matsui, D-Calif., last week lauded the progress in the FCC's AWS-3 spectrum auction, which had raised just shy of $30 billion by Thursday (see 1411200041). It has “achieved remarkable success,” earning “enough to fully fund FirstNet, the nationwide interoperability network for America’s first responders and public safety officials,” she said in a statement. “I am confident that as the spectrum [auction] continues, it will net billions more that will help pay down our national debt. In addition to generating needed revenue, this spectrum auction provides an opportunity for wireless carriers to build-out and enhance their networks, providing better coverage and faster speeds to their customers. This auction is clearly proving to be a major win for consumers, innovation, and public safety.” Matsui co-chairs the Congressional Spectrum Caucus and is a member of the Communications Subcommittee.
FCC Chairman Tom Wheeler may be in the crosshairs of Capitol Hill Republicans after President Barack Obama’s direct endorsement Monday for Communications Act Title II reclassification of broadband, possibly derailing the course of telecom priorities next Congress. House Republicans want an FCC oversight hearing in the lame-duck session, industry officials told us, with several predicting increased scrutiny and partisan tension next Congress. FCC officials have also ventured to the Hill this week to discuss net neutrality with lawmakers from both parties.
The FCC is moving “as expeditiously as possible” to allow for more Wi-Fi use in the upper 5 GHz band, FCC Chairman Tom Wheeler reassured Sens. Marco Rubio, R-Fla., and Cory Booker, D-N.J., along with Reps. Bob Latta, R-Ohio, and Anna Eshoo, D, Darrell Issa, R, and Doris Matsui, D, all of California, in a letter the agency released last week. They all back the Wi-Fi Innovation Act, calling for shared spectrum use in that band. The Institute of Electrical and Electronics Engineers “is actively reviewing two leading proposals submitted by the Wi-Fi industry to address interference issues within the upper 5 GHz band,” Wheeler said. "Commission staff has encouraged and monitored the group's progress. At the same time, the Commission continues to work collaboratively with other federal stakeholders, including NTIA, the Department of Transportation and the National Highway Traffic Safety Administration, to encourage the development of viable solutions to protect incumbent users from harmful interference, while maximizing the potential shared use of this spectrum.”
Comcast backs “open Internet protections similar to those” that Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., and Rep. Doris Matsui, D-Calif., outlined in legislation proposing a ban on paid prioritization deals, Comcast Executive Vice President David Cohen told Leahy in a letter. Leahy had asked that Comcast and other major ISPs pledge to forgo paid prioritization deals (see 1410230041). Cohen responded in a letter dated Oct. 24 that Leahy’s office released to us Thursday. Cohen reiterated his confidence that the FCC will have new net neutrality rules in place before 2018, when its net neutrality obligations enacted as a condition of Comcast's NBCUniversal acquisition will expire. The FCC should craft “stable” rules using Communications Act Section 706, Cohen said, saying reclassifying broadband under Title II would be “risky and unnecessary.” Cohen dismissed the idea of an ISP pledge. Net neutrality rules “will only be meaningful if they offer all consumers of all companies the same protections,” Cohen said. “Voluntary pledges by individual ISPs are not an adequate substitute for industry-wide rules -- whether promulgated by the FCC or enacted by Congress.”