Top Democrats in both chambers of Congress introduced net neutrality legislation Monday, as expected, to restore the court-blocked FCC net neutrality rules. The Open Internet Preservation Act, HR-3982 in the House, has several original co-sponsors, the bill’s authors said. Several lobbyists representing varying industries -- some in favor of the net neutrality regulations and some not -- told us last week that any bill involving net neutrality would have little chance to make it through Congress due to the intense partisanship surrounding the issue (CD Feb 3 p5).
The U.S. Court of Appeals for the D.C. Circuit’s net neutrality decision loomed large as the House Communications Subcommittee held its first hearing on updating the Communications Act 24 hours after the decision’s delivery. The Wednesday hearing focused on former FCC chairmen: Dick Wiley, Reed Hundt, Michael Powell and Michael Copps. It quickly turned into scrutiny of the Tuesday Verizon v. FCC court decision, which vacated the agency’s 2010 rules (CD Jan 15 p1), and what the FCC’s role over broadband should be.
For the second time in four years, the FCC failed to convince the U.S. Court of Appeals for the D.C. Circuit that it had authority to impose net neutrality rules on broadband ISPs. The anti-discrimination and anti-blocking rules in the agency’s December 2010 net neutrality order were indistinguishable from prohibited common carrier restrictions, said the decision (http://1.usa.gov/1m0UQPi). Chairman Tom Wheeler’s FCC has already faced renewed calls to reclassify broadband Internet as a Title II service.
The USA Freedom Act (HR-3361) picked up four House co-sponsors Tuesday, bringing the surveillance legislation authored by Rep. Jim Sensenbrenner, R-Wis., up to 121 backers. The bill would end the government’s bulk collection of phone metadata, create an advocate for the Foreign Intelligence Surveillance Court and make other changes. New co-sponsors are Reps. Paul Broun, R-Ga., vice chairman of the House Homeland Security Subcommittee on Counterterrorism and Intelligence and chairman of the House Science, Space and Technology Subcommittee on Investigations and Oversight; Doris Matsui, D-Calif.; William Keating, D-Mass., a member of the House Homeland Security Cybersecurity Subcommittee and Counterterrorism and Intelligence Subcommittee; and Randy Weber, R-Texas.
The Telehealth Modernization Act was introduced Tuesday by Reps. Doris Matsui, D-Calif., and Bill Johnson, R-Ohio, to “provide principles that states can look to for guidance when developing new policies that govern telehealth,” said a joint news release from the members. The release did not say to which committee the bill, which has yet to be given a number, will be referred. Johnson and Matsui serve on the House Commerce Committee, which oversees healthcare and technology issues, the release said. “The Telehealth Modernization Act will create a nationwide telehealth definition to provide clarity regarding the scope of healthcare services that can be safely delivered via telehealth,” said Matsui. “Having worked in the IT industry for over 30 years, I know first-hand the benefits associated with technological innovation,” Johnson said. He cofounded Johnson-Schley Management Group, an information technology consulting company, and helped form J2 Business Solutions, where he provided IT support as a defense contractor to the U.S. military. “In rural districts such as my own, telehealth can increase access to quality care and lower costs,” he said. All 50 states have varying telehealth regulations, the release said. “Telehealth is a central component for creating a technology enabled healthcare system that will increase access to care and lower costs,” said Joel White, executive director of the Health IT Now Coalition, in the release. White supports the bill.
U.S. Trade Representative Michael Froman should prioritize dismantling “protectionist” data flow policies through Trans-Pacific Partnership, Transatlantic Trade and Investment Partnership, and Trade in International Services Agreement negotiations, said 18 House members in a Friday letter (http://1.usa.gov/1cxbuhJ). Some EU officials are pushing initiatives that undermine the U.S. ability to compete in the European market, such as an EU-only information sharing cloud and an EU information technology conglomerate, said the lawmakers. Protectionist EU IT policies threaten the $2.1 trillion in U.S. investment in the EU, the lawmakers said. “This mutually beneficial relationship would not be possible without constant streams of data between the EU and the U.S,” said legislators. “Halting cross-border data flows will, by many measures, simply stifle cross-border trade.” Congressional High Tech Caucus co-chairs Michael McCaul, R-Texas, and Doris Matsui, D-Calif., led the letter. The lawmakers listed issues of concern both in and out of the U.S. After issuing a decree that requires Brazilian federal government agencies use only federally provided telecom and IT services, Brazilian President Dilma Rousseff is pursuing data localization legislation, said the lawmakers. “Meanwhile, some German officials have called on the EU to review Safe Harbor, the only mechanism through which U.S. and European companies can exchange information in compliance with the laws of the nations in which they conduct business” (CD Oct 24 p10), said members of Congress. “Canada has increased the number of federal government Requests for Proposals (RFPs) invoking a ‘national security exemption’ and requiring IT vendors who bid for projects to keep all or portions of data within Canada.” U.S. Lawmakers recently introduced the Digital Trade Act of 2013 in an effort to prevent or eliminate cross-border Internet data flow restrictions by establishing negotiating principles for digital trade issues in future U.S. trade agreements.
Hill pressure on the idea of cellphone conversation on airplanes while in-flight escalated Thursday as all five FCC commissioners faced the House Communications Subcommittee, hours before the agency took up an item to propose allowing such conversation from a technical perspective (see separate report in this issue). At the hearing, FCC Chairman Tom Wheeler defended the proposal and said he’s talked with others in government about what will happen next. Members of both houses of Congress have raised the controversial issue, and the U.S. Department of Transportation is kicking off a process that may ban voice calls on planes, officials said.
The House Commerce Committee cleared two key telecom bills Wednesday, as expected (CD Dec 10 p3). The panel unanimously passed by voice vote the FCC Process Reform Act and the Federal Spectrum Incentive Act. Reps. Doris Matsui, D-Calif., and Brett Guthrie, R-Ky., introduced the Federal Spectrum Incentive Act, HR-3674 (http://1.usa.gov/1gTEKmX), Monday to much initial acclaim, while the FCC Process Reform Act, HR-3675 (http://1.usa.gov/IBxQXF), introduced earlier this year, was revived as part of a bipartisan compromise between Communications Subcommittee Chairman Greg Walden, R-Ore., and ranking member Anna Eshoo, D-Calif. Industry welcomed the process revamp to come.
The House Commerce Committee now takes up and may well pass two major telecom bills this week, aides and members said Monday. Reps. Doris Matsui, D-Calif., and Brett Guthrie, R-Ky., introduced the Federal Spectrum Incentive Act of 2013 Monday, with support of a top committee Republican and Democrats. Communications Subcommittee Chairman Greg Walden, R-Ore., also has revived the FCC Process Reform in amended form, and it is now expected to pass House Commerce due to compromise between Republicans and Democrats.
Three members of Congress asked the FCC to “suspend and investigate” AT&T’s recent special access filing. “We are concerned about AT&T’s recent notice of its intention to eliminate service plans for terms longer than three years and the effect this action, if approved, would have on prices and competition in the marketplace,” said Friday’s letter to FCC Chairman Tom Wheeler from House Communications Subcommittee ranking member Anna Eshoo, D-Calif., and Reps. Doris Matsui, D-Calif., and Mike Doyle, D-Pa. “By eliminating these plans, AT&T is effectively increasing rates in some regions by as much as 24 percent -- which would result in increased costs to users by hundreds of millions of dollars.” Several CLECs also criticized the AT&T filing (CD Dec 4 p3). AT&T framed the move in a November blog post as part of the IP transition. “The tariff changes filed today will grandfather DS1 and DS3 term plans greater than 36 months, including ones that have term periods as long as seven years,” Senior Vice President Bob Quinn wrote of changes that could become effective Tuesday. “The first step of that plan is to align the commitments we make to our customers with the goal of transitioning to an all-IP network. That is why today we have taken a step to make sure that multi-year commitments we enter into today for aging TDM-based services reflect the on-going transition to IP and do not extend beyond the expected completion of our transition in 2020.” The members of Congress lamented the “broken special access market” and said they're “pleased” the FCC is collecting data on it. They wanted AT&T’s filing suspended to allow more data collection and not “short circuit” that process.