President Donald Trump's administration is facing resistance from Capitol Hill on communications policy issues, including on his re-election campaign's recent comments in favor of the government making spectrum being reserved for 5G available to carriers on wholesale (see 1903040058). Several top Senate Commerce Committee members told us they aren't convinced by the campaign's walk back of those comments amid perceptions the wholesale proposal conflicts with White House 5G policy. Democratic lawmakers indicated interest in launching a probe into reports Trump pressured two now-former administration officials to ensure DOJ filed a now-ended lawsuit to block AT&T's purchase of Time Warner.
Congressional Democrats intend to formally file their Save the Internet Act net neutrality bill Wednesday, Speaker Nancy Pelosi, D-Calif., emailed House colleagues. An event unveiling the bill is set for 11:15 a.m. in the Capitol's Rayburn Reception Room. The bill is believed to be led by Sen. Ed Markey, D-Mass., and is aimed at effectively restoring into statute language included in the FCC's rescinded 2015 net neutrality rules, lobbyists said. Markey has been targeting unanimous support from the Senate Democratic caucus for his bill and in recent weeks secured the support of all but two of them -- Sens. Joe Manchin of West Virginia and Kyrsten Sinema of Arizona, lobbyists said. Manchin told us he plans to meet with Markey's office Tuesday to talk about the bill. It wasn't clear whether Sinema signed on. Her office didn't comment. Their offices didn't comment. Top House Communications Subcommittee Democrats have supported restoring the 2015 rules and reclassification of broadband as a Communications Act Title II service (see 1902070056). They were less enthusiastic about a set of three GOP-sponsored bills that avoid reinstating Title II as a legal basis for new rules (see 1902220001).
Senate Commerce Committee Chairman Roger Wicker, R-Miss., and other lawmakers highlighted a range of communications policy issues they see as affecting broadcasters, including the FCC's 2018 quadrennial review proceeding on media ownership rules, during a Tuesday NAB conference. But none offered clear insight into their thinking on a major focus of broadcasters' 2019 policy interest -- the debate over Satellite Television Extension and Localism Act reauthorization (see 1812280025). STELA is expected to be a top 2019 telecom policy priority for the House and Senate Commerce committees (see 1812060050). The Judiciary committees also are expected to be active in deciding whether and how to reauthorize the law.
House Communications Subcommittee Republican leaders highlighted to us a trio of net neutrality bills introduced earlier this month (see 1902070056) as their best opening argument in negotiations with Democrats on a compromise. A co-sponsor of another past GOP-backed bill is debating whether to reintroduce the measure. One of the three current Republican-led measures -- the Promoting Internet Freedom and Innovation Act (HR-1096) -- got particular attention because it mirrors a Democrat-backed Washington state law that restored net neutrality protections in the FCC's rescinded 2015 rules for state-level purposes (see 1802280027). Top House Communications Democrats, working on their own legislation, gave a tepid response to the GOP proposals because they avoid using Communications Act Title II language as a legal basis for future rules.
Majority House Communications Subcommittee Democrats are largely signaling initial disinterest in pursuing any of the three net neutrality bills House Commerce Committee Republicans floated earlier this month (see 1902070056). As Democratic leaders continue to decide what to include in their own legislation, lawmakers told us they hold a range of positions on whether a final bill must include the Communications Act Title II language that served as a legal basis for the FCC's rescinded 2015 rules. A full committee hearing earlier this month on net neutrality underscored the continuing divide between Democrats and Republicans over using Title II as an underpinning for future rules.
Congress appeared on the way Thursday to enacting the seven remaining FY 2019 federal spending bills and avoiding a new partial government hiatus that would automatically shutter the FCC (see 1902130046). The current continuing resolution to temporarily fund agencies previously affected during the recent 35-day shutdown (see 1901280044) is to expire Friday night. Senate Majority Leader Mitch McConnell, R-Ky., said President Donald Trump will sign the legislation but also intends to declare a national emergency to reallocate funds for a wall on the U.S.-Mexico border. The Senate voted 83-16 Thursday to adopt an appropriators' conference report that would enact the remaining spending bills, which include appropriations for the FCC, FTC and NTIA. The House was to vote Thursday night. The legislation provides a combined $339 million to the FCC and its Office of Inspector General, almost $310 million to the FTC and $39.5 million to NTIA. It would clarify rules for the Department of Agriculture's $600 million ReConnect pilot distance learning, telemedicine and broadband program. Congress allocated the ReConnect pilot funding in March as part of the FY 2018 omnibus spending bill (see 1803220048).
T-Mobile CEO John Legere and Sprint Executive Chairman Marcelo Claure faced no outright opposition to the carriers' proposed combination during a Wednesday House Communications Subcommittee hearing. Many Democrats registered varying degrees of skepticism regarding the executives' claims. Questions tilted toward focus on antitrust aspects of T-Mobile/Sprint, as expected (see 1902120056). Some probed the carriers' claims about the transaction's benefits for deploying 5G. Legere and other executives from the two carriers met FCC Chairman Ajit Pai Friday, they said in a filing posted Wednesday in docket 18-197.
Sen. Cory Gardner, R-Colo., plans to refile the Senate version of the Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum (Airwaves) Act but told reporters he has no definite timeline. The proposal aims to identify spectrum for unlicensed use and free up mid-band spectrum for wireless industry purchase via an FCC auction (see 1802070054). Some anticipated Gardner and others would refile the bill soon (see 1902050046). House Communications Subcommittee Chairman Mike Doyle, D-Pa., also signaled interest in the bill (see 1901290032). “We're still working” with previous co-sponsor Sen. Maggie Hassan, D-N.H., on revised bill language, he said. Some elements of the legislation have been “picked up by the FCC” and other issues have since been “brought to our attention,” including satellite matters. The aim is to ensure “we get right” the spectrum language in the bill and “make sure that this is something that can pass,” Gardner said.
Both upcoming House hearings on T-Mobile's proposed buy of Sprint are likely to tackle antitrust-related issues even though the Communications and Judiciary Antitrust subcommittees will convene separate panels (see 1902060062), lawmakers and communications sector officials said in interviews. Communications' hearing is 10 a.m. Wednesday in 2123 Rayburn. The Judiciary Committee confirmed it's postponing Antitrust's planned Thursday hearing, as expected (see 1902110046). The committee is said to be eyeing a March makeup date.
Critics of T-Mobile's proposed buy of Sprint framed their case Monday against key aspects of the carriers' argument for federal regulators to sign off on the deal, citing aftereffects of the completed T-Mobile/Iowa Wireless (iWireless) transaction to illustrate what they say will be negative effects on rural wireless customers (see 1709270066). T-Mobile/Sprint drew attention elsewhere in Washington Monday, including at a NARUC conference. Two House subcommittees are gearing up for hearings later this week (see 1902060062).