There are ways to move forward on policymaking to improve broadband deployments as the new Congress begins, federal and communications sector officials said Tuesday during a Next Century Cities-led event. Officials highlighted the potential for compromise as a contrast to the rancor over the ongoing partial government shutdown. They also noted policy disagreements. Later, the conference heard about spectrum (see 1901150043).
Likely incoming House Communications Subcommittee Chairman Mike Doyle, Pa., confirmed he and other Democrats are considering “introducing a net neutrality bill” in the chamber that essentially picks up where they left off at the end of the last Congress in their bid to restore FCC 2015 rules, during a Pittsburgh Current podcast released Thursday. One option Democrats are considering is to file a bill that would put back in place the 2015 order via statute instead of reversing the FCC's action (see 1901100001). Democrats want their net neutrality bill to approach the issue “in such a way that it sort of concurs” with the failed Congressional Review Act to undo FCC rescission “so that we have a chance to get this through in the Senate,” Doyle said. The Senate cleared the CRA resolution last year 52-47 with the support of three Republicans (see 1805160064). A discharge petition aimed at forcing a House vote on the measure got 182 of the 218 lawmakers' signatures needed to take effect (see 1901020046).
House Judiciary Committee ranking member Doug Collins, R-Ga., filed his Connect America Fund Accountability Act (HR-427) Thursday, as expected (see 1901040032). HR-427 would require CAF recipients provide further information to the FCC confirming they're meeting required minimum speeds of 10 Mbps download/1 Mbps upload, plus information about latency testing methods. "Specific tools [would] hold providers accountable for accurate reporting while ensuring households and businesses throughout our rural communities have access to the broadband services required to compete,” Collins said. He's expected to refile the Gigabit Opportunity Act later this month, an aide said. The bill, filed last Congress, would provide tax deferrals for telecoms investing in gigabit-capable broadband, and compel the FCC to create a framework encouraging states and municipalities to choose to accept streamlined laws for broadband and receive a designation as a gigabit opportunity zone (see 1706120065).
The shape of the newly majority Democrat House Commerce Committee became clearer Wednesday and Thursday with the addition of eight new committee members and confirmation of the subcommittees' jurisdictions. All six House Commerce subcommittees will have the same policy jurisdictions as in the 115th Congress, but the old House Digital Commerce Subcommittee has been renamed the Consumer Protection and Commerce Subcommittee, the committee said Thursday. House Consumer Protection will continue to have jurisdiction over the FTC, “consumer affairs and consumer protection, including privacy matters” and data security, among other issues, House Commerce said. The Communications Subcommittee will continue to oversee the FCC, NTIA, the Homeland Security Department's Emergency Communications Division and all “electronic communications” issues, the committee said. Speaker Nancy Pelosi, D-Calif., released lists Wednesday of new members to House Commerce and two other committees. The new House Commerce Democratic members are: Nanette Barragan of California, Lisa Blunt Rochester of Delaware, Robin Kelly of Illinois, Ann Kuster of New Hampshire, Donald McEachin of Virginia, Tom O'Halleran of Arizona, Darren Soto of Florida and Marc Veasey of Texas. Soto and Veasey were among the Democrats known to be considered for House Commerce seats (see 1901040043). Wednesday's list didn't make clear how many total Democratic lawmakers will be on House Commerce. That reflects lack of agreement among the chamber's leaders about the Democratic to Republican ratio on all committees, lobbyists told us. That disagreement is preventing the selection of House Commerce subcommittees' ranking members and the naming of new committee GOP members, committee ranking member Greg Walden, R-Ore., told us. House GOP leaders are pushing for 25 minority party seats on House Commerce, up one from the 24 that Democrats held on the committee as the minority party during the last Congress, Walden said. That would likely mean he will need to fill two GOP vacancies. “I have a pretty good idea about who I'm going to choose” to be the lead Republicans on the subcommittees, but those selections “will be announced later,” Walden said. Rep. Bob Latta, R-Ohio, is considered the favorite to be House Communications ranking member, and Rep. Cathy McMorris Rodgers, R-Wash., is thought to have an edge for the top GOP spot on House Consumer Protection.
Negotiations between President Donald Trump's administration and Capitol Hill to end the partial government shutdown appeared to be at a standstill Thursday, the shuttering's 20th day, over the continued disagreement over funding for a wall on the U.S.-Mexico border. Midnight Friday would make it a record-length shuttering. Trump told reporters he will “almost definitely” declare a national emergency to siphon off Defense Department funds for the border wall if negotiations with the Hill don't progress. Vice President Mike Pence opposed a bid by Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., and other Republicans to seek a deal with Democrats that would fund the wall in exchange for temporary protections for immigrants. “I have never been more depressed about moving forward than I am right now,” Graham told reporters. “I just don’t see a pathway forward."
Top House Commerce Committee Democrats said they're still deciding which direction they want to take on net neutrality as they settle into control of that chamber. Lobbyists told us one discussed option is legislation that would put into statute broad contours of FCC now-rescinded 2015 rules. The close last week of the previous Congress signaled the end of Democrats' preferred avenue, a Congressional Review Act resolution to undo the FCC's action (see 1901020046).
Senate Republicans elected Sen. Roger Wicker, R-Miss., Commerce Committee chairman Wednesday, as expected (see 1811070054). Wicker was Senate Communications Subcommittee chairman last Congress and is likely to select past Commerce Chairman John Thune, R-S.D., to take over the subcommittee (see 1811150040). Thune gave up Senate Commerce leadership to become Senate majority whip when the 116th Congress convened last week. Wicker told us his early priorities as Senate Commerce head will include 5G deployment items and privacy legislation, with a 5G hearing potentially “one of our first hearings.” Any 5G hearing is likely to include the Streamlining the Rapid Evolution and Modernization of Leading-Edge Infrastructure Necessary to Enhance (Streamline) Small Cell Deployment Act as “starting point” for legislative discussions, Wicker said. The bill, filed last Congress, aims to implement a “reasonable process and timeframe guidelines” for state and local small-cell consideration (see 1806290063). It faced opposition from state and local governments (see 1810040055). Thune said Wicker “is poised for a successful tenure as chairman.” Competitive Carriers Association President Steve Berry cited Wicker's "deep understanding about what it takes to bring advanced broadband services to rural areas and his work on important issues including Universal Service Fund reform, broadband deployment, access to spectrum, and advancing telehealth services."
House Commerce Committee Democratic and GOP leaders told us they're working through the process of naming subcommittee heads and committee members in the opening days of the 116th Congress. House Commerce ranking member Greg Walden, R-Ore., said he's evaluating applications for ranking member slots, including for the House Communications and Digital Commerce subcommittees. Walden switched places with new House Commerce Chairman Frank Pallone, D-N.J., when the new Congress formally convened Thursday.
It's possible but increasingly unlikely that Senate leaders will agree to confirm FCC Commissioner Brendan Carr and Democratic commission nominee Geoffrey Starks via unanimous consent (UC) before noon Thursday as part of an end-of-session package of President Donald Trump's nominees, Senate sources and lobbyists told us Wednesday. The nominees appeared to have their chances boosted shortly before the start of Christmas recess when Sens. Joe Manchin, D-W.Va., and Dan Sullivan, R-Alaska, lifted their holds on Carr (see 1812200060). Senate leaders intended to advance Carr and Starks as a pair. A move to those confirmations remained unlikely until an agreement to end the partial government shutdown, which entered its 12th day Wednesday (see 1901020048). A spokesperson for Senate Majority Leader Mitch McConnell, R-Ky., emphasized the chamber could confirm any of Trump's nominees up until the 115th Congress expires at noon Thursday but only under UC. Trump would need to renominate Carr and Starks for them to be considered again during the 116th Congress. Spokespersons for Senate Minority Leader Chuck Schumer, D-N.Y., and the Senate Commerce Committee didn't comment. The FCC Wireline Bureau sought comment Wednesday on Alaska-based GCI Communications' application for a review of the bureau's reduction in its FY 2017 USF Rural Health Care Program support (see 1811130040). That's seen as one factor that led Sullivan to place his hold on Carr. Comments on GCI's application, docket 17-310, are due Feb. 4, replies Feb. 19.
FCC Chairman Ajit Pai hailed apparent end Wednesday of the push for the Congressional Review Act resolution of disapproval aimed at reversing rescission of commission 2015 net neutrality rules. The House held a brief pro forma session Wednesday but conducted no business amid the ongoing partial government shutdown (see 1901020048), ending the final full day of the 115th Congress. The House is expected to hold a final pro forma session at 11 a.m. Thursday, just before the formal start of the 116th Congress. Incoming House Communications Subcommittee Chairman Mike Doyle, D-Pa., this Congress pushed strongly for the CRA measure (see 1811290042). “I’m pleased that a strong bipartisan majority” in the House “declined to reinstate heavy-handed Internet regulation," Pai said. Recent reports from the Fiber Broadband Association and Ookla showed “broadband speeds are up” and “fiber was made available to more new homes in 2018 than in any previous year.” A discharge petition to force a vote had support from 182 House members, below the required 218. The Senate passed the measure in May, 52-47 (see 1805160064). Incoming House Commerce Committee Chairman Frank Pallone, D-N.J., is planning a net neutrality hearing for early this year (see 1812310008). Fight for the Future, a booster of the CRA measure, acknowledged Wednesday the “clock has run out” but Deputy Director Evan Greer said the larger net neutrality effort isn't finished. “We used the CRA as a powerful tool to get lawmakers on the record,” Greer said. “If House leadership had allowed a vote on the CRA, we likely would have won that too. Instead, we used a discharge petition to get a record number of lawmakers publicly in support of strong net neutrality protections.” House Democratic leaders proposed expanding legislative days members can execute a discharge petition as part of the chamber's rules package for next Congress. The House is to vote on the rules Thursday, in the new Congress. A federal court named a panel with two Democratic appointees and one Republican appointee to review the FCC net neutrality rollback order (see 1901020040).