The bipartisan group of sponsors from both houses of Congress of the Wi-Fi Innovation Act wrote the FCC a joint letter Wednesday to “express our strong support for freeing up underutilized spectrum to maximize unlicensed use in the upper 5 GHz band,” as the legislation asks. The letter was signed by Sens. Marco Rubio, R-Fla., and Cory Booker, D-N.J., and Reps. Bob Latta, R-Ohio; Anna Eshoo, D-Calif.; Darrell Issa, R-Calif.; and Doris Matsui, D-Calif. The upper 5 GHz band has “a unique opportunity” in maximizing those Wi-Fi frequencies, they said, saying they're “confident that the FCC can successfully resolve any potential interference issues through analysis and testing,” as they recommended.
Rep. Zoe Lofgren, D-Calif., is interested in the concept of net neutrality rules based on Communications Act Title II jurisdiction but with such Title II regulation limited to net neutrality, a House Democratic aide told us Thursday. Some net neutrality advocates called for Title II reclassification of broadband, including several congressional Democrats, while Republicans and industry groups oppose reclassification (CD Sept 10 p5). Lofgren is considering sending a letter to the FCC, eyeing next week, but is still examining options and in a preliminary stage, the aide said.
The House Communications Subcommittee gave more details about the hearing it plans to hold Wednesday on FCC management and spending. It will take place at 10:15 a.m. in 2123 Rayburn. As previously announced, witnesses are FCC Managing Director Jon Wilkins and FCC Inspector General David Hunt.
The Senate Commerce Committee said it plans an executive session meeting Wednesday at 2:30 p.m. in 253 Russell. Commerce has not yet listed any agenda. Lobbyists and Capitol Hill staffers have widely expected since late last month that Commerce’s Satellite Television Extension and Localism Act reauthorization bill will be marked up that day (CD Sept 11 p6).
Sen. Dean Heller, R-Nev., expressed some concerns to FCC Chairman Tom Wheeler about companies using exemptions from the agency’s ex parte rules in its consideration of the proposed Comcast/Time Warner Cable and AT&T/DirecTV deals. Exemptions may be given if parties fear reprisal, as Heller noted. “The bar for such exemptions must be high,” Heller told Wheeler in a letter Wednesday. “When orders that have significant impact on the industry are crafted based on information provided in secret and go unchallenged, I believe it can undermine the effectiveness of that order.” He asked Wheeler to say whether such exempt ex parte presentations have been given and if so, how many. “Please provide the specific justification for each instance,” Heller said. He also asked about “the role the FCC played in this action” and whether it “directly influenced granting an exemption” and if so, why. The FCC declined comment.
The House unanimously approved the E-Label Act (HR-5161) Thursday under suspension of the rules. “Not only will this give manufacturers greater flexibility to design innovative products that consumers demand, but by some estimates e-labeling will save manufacturers over $80 million per year,” said House Communications Subcommittee Vice Chairman Bob Latta, R-Ohio, in a statement. “E-labeling can expand consumer access to relevant device information, and enhance the overall quality and availability of equipment identification records through supporting software.” House Commerce Committee Chairman Fred Upton, R-Mich., touted House passage of the E-Label Act and earlier this week, the Anti-Spoofing Act (HR-3670), as part of the committee’s record of success. The House “voted to protect consumers and relieve the regulatory burden on electronics manufacturers,” Upton said in a statement.
The FCC will put rural phone companies in an “untenable position" with its current rate floor, a bipartisan group of senators told the FCC in a letter. Senate Communications Subcommittee Chairman Mark Pryor, D-Ark., and Sen. John Boozman, R-Ark., led the letter, backed by seven other Democratic senators and seven Republicans. Rural companies “must choose between raising rates to levels that, in some cases, are more than the rates their urban counterparts charge many of their customers, or receiving reduced universal service support,” the senators said (http://1.usa.gov/1tCIuyN). “This is in spite of the fact that these rural exchanges often do not resemble their urban areas along key metrics like population, geography, and income, as well as other demographics.” The FCC should “reevaluate the structure of the rate floor and consider changes to ensure that rural consumers are protected from unnecessarily excessive rate hikes,” they said. The FCC declined comment.
Secretary of Homeland Security Jeh Johnson urged Congress to pass cybersecurity legislation before it adjourns. He said in an op-ed in The Hill posted online Tuesday night that the House and Senate have made “real progress” on cyber in the 113th Congress that “should not go to waste” (http://bit.ly/1ujijQf). Johnson said there has been bipartisan consensus on several cyber bills that have moved out of the Senate Homeland Security Committee, along with the House-passed National Cybersecurity and Critical Infrastructure Protection Act (HR-3696). Industry lobbyists have said the rapidly closing legislative window is making further progress on HR-3696 and on more controversial information sharing bills like the Cybersecurity Information Sharing Act (S-2588) far less likely before the 114th Congress convenes (CD July 30 p6).
Many major technology companies, associations and privacy and civil liberties advocates again urged House and Senate leadership to put respective bills up for a vote to update the Electronic Communications Privacy Act (ECPA). Over 75 entities -- including Apple, Facebook, Google, Microsoft and Yahoo -- sent letters Wednesday to House Majority Leader Kevin McCarthy, R-Calif., (http://bit.ly/1lTLAzE) and Senate Majority Leader Harry Reid, R-Nev. (http://bit.ly/1otcl9G). The two bills (S-607 and HR-1852) would require a warrant for government to access personal digital information, similar to a warrant to access personal physical property, the letter said. The ECPA update also “would aid American companies seeking to innovate and compete globally,” the letters said. “Removing uncertainty about the standards for government access to data stored online will encourage consumers and companies, including those outside the U.S., to utilize these services.” Lawmakers and observers have said this narrow ECPA revamp has a high chance of passing Congress this year -- a majority of House members now support the bill -- but a full ECPA overhaul will take years as lawmakers grapple with tougher issues like standards for geolocation (CD July 14 p9). The organizations said there’s almost no opposition to the narrow bills. “The only resistance to reform comes from civil regulatory agencies that want an exception allowing them to obtain the content of customer documents and communications directly from third-party service providers,” the letters said. “This would expand government power.” The Senate bill was approved by the Judiciary Committee last year, but the House bill has not yet moved through committee, the letters said.
As expected, the House Small Business Committee scheduled an FCC oversight hearing Wednesday at 1 p.m., it said on its website (http://1.usa.gov/1otXLif), listing the location as 2360 Rayburn. FCC Chairman Tom Wheeler is the one witness listed. The hearing title is “Is the FCC Responding to the Needs of Small Business and Rural America?"