Sen. Dan Sullivan, R-Alaska, told reporters Wednesday that talks with the FCC on USF Rural Health Care Program concerns brought him closer to resolution to lift his hold on Senate confirmation of FCC Commissioner Brendan Carr. But “we're not there yet.” Sullivan went public with his hold in September and noted progress on his RHCP concerns following a November meeting with FCC Chairman Ajit Pai (see 1811160043). The hold delayed confirmation of Democratic FCC nominee Geoffrey Starks via pairing (see 1809130059). Telecom lobbyists noted signs in recent days of potential progress toward an end to Sullivan's hold and improved prospects the Senate will approve the nominees in an end-of-year confirmations package.
House Commerce Committee Chairman Greg Walden, R-Ore., is focusing on consensus telecom issues in the waning weeks of the GOP's control of that chamber and emphasizing the need for bipartisanship on the committee ahead of the incoming Democratic majority. Walden confirmed to us the House Republican Steering Committee formally recommended Thursday he be retained as the party's House Commerce leader in the 116th Congress, as expected (see 1811020048), becoming ranking member. Current committee ranking member Frank Pallone, D-N.J., and House Communications Subcommittee ranking member Mike Doyle, D-Pa., are considered near certain to take over (see 1811070054).
Outgoing House Communications Subcommittee Chairman Marsha Blackburn, R-Tenn., cited her Balancing the Rights of Web Surfers Equally and Responsibly (Browser) Act (HR-2520) as a solution to privacy woes at tech sector giants like Facebook, during a Thursday Fox Business Network appearance (see 1811270058). HR-2520, filed last year, would make the FTC the privacy regulator for ISPs and edge companies and would require opt-in consent even for web browsing data (see 1705190053). Passage would ensure "one template in place for the entire ecosystem," said Blackburn, elected this month to succeed retiring Sen. Bob Corker, R-Tenn. Major tech companies like Facebook and Google "resisted" the bill and instead favored the FCC's ISP privacy rules, which Congress repealed last year under the Congressional Review Act (see 1704040059). Blackburn encountered resistance to HR-2520 in part because of her role in leading the CRA effort (see 1811290042).
Telecom-focused lawmakers are beginning to look at how the net neutrality debate will advance in the 116th Congress, as the deadline looms for the House to act on a Congressional Review Act resolution aimed at undoing FCC rescission of 2015 rules. Supporters of House Joint Resolution-129 campaigned again Thursday for House passage (see 1811260028), which faces long odds in the still-majority GOP chamber. Democrats, who will control the House next Congress, aren't completely discounting a path toward legislation but also see other uses of power to progress. Republicans, who will still control the Senate, remain hopeful but wary about the prospects for compromise legislation.
Incoming Democratic-led House Commerce and Judiciary committees (see 1811280058) should hold hearings next year on T-Mobile's proposed purchase of Sprint, the American Antitrust Institute, Public Knowledge and 12 other groups wrote to the committees' likely incoming chairmen. House Commerce ranking member Frank Pallone, D-N.J., and House Judiciary ranking member Jerry Nadler, D-N.Y., are both near certain to lead their respective committees (see 1811070053 and 1811070054). The Senate Judiciary Antitrust Subcommittee probed the deal in June (see 1806270068). Pallone and House Communications Subcommittee ranking member Mike Doyle, D-Pa., wrote committee leaders in April urging a hearing (see 1804300057). The groups urged Pallone to “now announce your intent to schedule” a hearing that will “explore the merged entity’s foreign ownership; whether 5G deployment is helped by the proposed merger, despite the fact that both T-Mobile and Sprint have invested in 5G already; and the state of wireless competition.” The groups told Nadler that setting hearing “would be an excellent first step to implementing your vision for stronger antitrust enforcement, protecting consumers, promoting competition, and standing up for American workers.” Doyle signaled his interest in an interview ahead of the AAI-led letter. “It's not a bad idea to have a hearing and give members a chance to understand the merger better,” including “benefits and drawbacks,” he said. The FCC plans to restart the 180-day shot clock for review Dec. 4, at Day 55 (see 1811130051). DOJ and state regulators are continuing to review the deal. The companies didn't immediately comment.
The rosters and party balance of the House and Senate Commerce committees for the 116th Congress remain on the minds of telecom-focused officials and lobbyists, as Capitol Hill leaders grapple with deciding lawmakers' assignments on all panels. The election upended the committees' leadership, and the incoming Democratic majority in the House (see 1811190045) appears likely to mean changes to House Commerce telecom policy staff (see 1811230027). The House Republican Steering Committee is likely to recommend a member for the top GOP House Judiciary Committee seat this week (see 1811280064).
The House and Senate Commerce committees are expected to experience changes in their telecom-focused staff in the 116th Congress due to this month's election results, industry officials and lobbyists told us. The election will upend the committees' leadership, ushering in a new Democratic majority in the House and strengthening Republican control of the Senate (see 1811070054 and 1811190045).
The top Democratic seat on the Senate Commerce Committee is up for grabs after ranking member Bill Nelson, D-Fla., conceded Sunday that he lost his re-election bid against Republican Gov. Rick Scott. Telecom interests identified the race as one of several contests that could potentially upend leadership of the House and Senate Commerce committees (see 1811020048). Sen. Maria Cantwell, D-Wash., is considered the frontrunner to become the top Senate Commerce Democrat, though there's uncertainty about the appointment.
A nearly two-hour Thursday meeting between FCC Chairman Ajit Pai and Sen. Dan Sullivan, R-Alaska, on USF Rural Health Care Program issues (see 1811150044) concluded with Sullivan's related hold remaining on Senate reconfirmation of Commissioner Brendan Carr to a full five-year term. The hold will continue at least through Congress' weeklong Thanksgiving recess. Sullivan acted in September (see 1809120056).
Lobbyists and other telecom officials are watching the outcome of the expected meeting between FCC Chairman Ajit Pai and Sen. Dan Sullivan, R-Alaska, on the senator's concerns about commission handling of the USF Rural Health Care Program. The meeting was in progress Thursday evening (see 1811140058), well after the chamber completed its expected final votes for the week. Sullivan's RHC concerns led him to place a hold on Senate confirmation of Commissioner Brendan Carr to a term ending in 2023 (see 1809120056). The hold, which has lasted since September, means the Senate also must wait to confirm Democratic FCC nominee Geoffrey Starks because the intent is to advance them as a pair (see 1809130059). Sullivan told us before the meeting he believes problems with FCC handling of RHC “extend way beyond Alaska,” telling us “other senators have expressed concerns” about such Pai moves. Sen. Lisa Murkowski, R-Alaska, who supports Sullivan's hold, told us she didn't plan to attend the meeting because of a scheduling conflict but Sullivan will brief her. “We need some certainty from the FCC” on its RHC decision-making progress, she said: “They can't just be determining arbitrarily what the rates may be. There needs to be some predictability.” Alaska-based GCI Communications appealed Wireline Bureau reduction in its FY 2017 RHC support by 26 percent to $77.8 million (see 1811130040). Pai didn't address the dispute with Sullivan and Murkowski during a Thursday news conference after commissioners met, and Carr and Commissioner Mike O'Rielly weighed in on general RHC issues. All USF programs “need predictability,” Carr told reporters. “We need to push for providing predictable support for needs like rural clinics.” O'Rielly said he's “raised concerns” about Universal Service Administrative Co. management in the past and has proposed privatization and other potential solutions.