Senate Indian Affairs Committee members focused on what they see as deficiencies in FCC practices for determining broadband coverage on tribal lands, during a Wednesday hearing. The hearing examined a September GAO report that said the FCC overstates broadband availability on tribal lands because it considers service available in a census block if a provider can serve at least one location (see 1809100041). A Thursday Senate Commerce Committee hearing on progress in rural broadband deployments is likely to also touch on tribal governments' concerns. But the panel will largely be an overview of the chamber's work in this Congress on encouraging broadband projects in rural areas and is likely to frame Senate Commerce's approach to that issue in 2019, lawmakers and lobbyists told us.
The White House's 5G summit Friday focused on emphasizing cross-government coordination on policies aimed at ensuring infrastructure deployment is driven by market forces and reducing regulatory burdens, as expected (see 1809210052). Closed breakout sessions with federal and industry officials didn't presage looming White House action, instead focusing on existing efforts at the FCC, NTIA and other agencies, attendees told us.
House Communications Subcommittee members drew two competing pictures during a Thursday hearing on how federal statute is governing the media marketplace. House Majority Whip Steve Scalise, R-La., argued that the 1992 Cable Act is too outdated to still be effectual given the rapid growth of virtual MVPDs and over-the-top providers. Other Republicans noted changes in the landscape. House Communications ranking member Mike Doyle, D-Pa., and other Democrats trained their fire on how FCC actions under current Chairman Ajit Pai could negatively affect people who primarily rely on over-the-air broadcasting for content. The hearing included a focus on Scalise's Next Generation Television Marketplace Act (HR-6465) and the upcoming 2019 debate on Satellite Television Extension and Localism Act (STELA) reauthorization, as expected (see 1809260054).
The 911 Fee Integrity Act (HR-6424) and two other public safety telecom-related bills drew bipartisan backing during a Wednesday House Communications Subcommittee hearing, though some Democrats insisted more federal funding will be needed for the legislation to be effective. House Commerce Committee ranking member Frank Pallone, D-N.J., and others invoked the Next Generation 9-1-1 Act (HR-4672/S-2061). The subcommittee also examined the National Non-Emergency Mobile Number Act (HR-5700) and Anti-Swatting Act (HR-6003).
Communications sector expectations for Thursday's House Communications Subcommittee hearing on the state of the media market are nearly universally low. But some lobbyists told us they will be listening for potential clues about contours of the looming 2019 debate on Satellite Television Extension and Localism Act (STELA) reauthorization. The hearing, called largely at the behest of House Majority Whip Steve Scalise, R-La., is expected to include a major focus on his Next Generation Television Marketplace Act (HR-6465). Lobbyists and Capitol Hill aides noted substantial House Commerce Committee pique over Scalise's push to hold the hearing, including expectations of sparse lawmaker attendance. The panel will begin at 3 p.m. in 2123 Rayburn.
A Wednesday House Communications Subcommittee on the 911 Fee Integrity Act (HR-6424) and other public safety telecom-related bills will likely be focused on whether there's a path to potentially move those bills later this year, lawyers and lobbyists told us. The hearing will begin at 10:30 a.m. in 2322 Rayburn. HR-6424 would bar states from engaging in 911 fee diversion and give the FCC the power to decide on “acceptable” uses for the money. FCC Commissioner Mike O'Rielly is a backer of the bill but won't testify on its behalf (see 1808170023).
Supporters of a House version of the Congressional Review Act resolution of disapproval aimed at rolling back the FCC 2017 order to rescind 2015 net neutrality rules (House Joint Resolution-129) are eyeing a likely focus on pushing for floor action during the lame-duck session amid acknowledgement there’s no time to bring it up before the November elections. House leaders initially projected the chamber would be in session the first two weeks of October. It's now expected to recess at the end of this month if a majority of members agree to pass a combination of FY 2019 minibus federal spending bills and a continuing resolution authority aimed at extending funding for the Department of Homeland Security through Dec. 7.
The Senate Judiciary Committee postponed a planned Thursday vote on whether to advance Supreme Court nominee Brett Kavanaugh, and set a Monday hearing to probe claims he sexually assaulted Palo Alto University professor Christine Blasey Ford in the early 1980s (see 1809130061 and 1809170048). The hearing will begin at 10 a.m. in 216 Hart. Senate Judiciary invited Kavanaugh and Ford to testify about the claims, though Chairman Chuck Grassley, R-Iowa, told reporters Tuesday Ford hadn't yet responded to the proposal. Committee ranking member Dianne Feinstein, D-Calif., and other Democrats said the Republicans were trying to fast-track the investigation process by limiting testimony on the claims to only Kavanaugh and Ford. All 10 Senate Judiciary Democrats also urged FBI Director Christopher Wray and White House Counsel Don McGahn to reopen a background investigation into Kavanaugh given the assault claims. “The allegation does not involve any potential federal crime,” a DOJ spokesman said. “The FBI’s role in such matters is to provide information for the use of the decision-makers.” Kavanaugh faced critical questions during his confirmation hearing earlier this month about his dissent in the U.S. Court of Appeal for the D.C. Circuit's 2017 en banc affirmation of the now-rescinded 2015 net neutrality rules in USTelecom v. FCC (see 1809070046). Senate Judiciary members also asked Kavanaugh about his views on the high court's Chevron deference to agency expertise and on tech-based privacy issues (see 1809060048).
The House Communications Subcommittee postponed its planned Friday hearing on the 911 Fee Integrity Act (HR-6424) and two other public safety-related bills after House Republican leadership moved to cancel planned Friday floor votes ahead of expected landfall of Hurricane Florence (see 1809130042). The subcommittee didn't provide details Thursday on a makeup date for the hearing (see 1809070050), which also would have examined the National Non-Emergency Mobile Number Act (HR-5700) and Anti-Swatting Act (HR-6003). HR-5700 would direct the FCC to create a unified wireless number for critical nonemergency situations on U.S. highways (see 1805090033). HR-6003 would increase criminal penalties against individuals who intentionally transmit false or misleading caller ID information to public safety answering points with the aim of triggering emergency response. HR-6424 would bar states from engaging in 911 fee diversion and give the FCC the power to decide on “acceptable” uses for the money (see 1808170023). Hunterdon County, New Jersey, Department of Public Safety Communications Division Head James Curry's written testimony indicated he would have testified in support of HR-6424. Montgomery County, Maryland, Public Information Office Director Paul Starks had been expected to testify in support of HR-6003.
House Transportation Railroads Subcommittee members raised concerns Thursday about new warnings from National Transportation Safety Board Chairman Robert Sumwalt and others that a significant number of railroads -- mainly commuter systems -- won't be able to meet a Dec. 31 deadline to implement portions of positive train control technology. Railroads can continue to get extensions through the end of 2020 to fully implement PTC but must demonstrate they are acquiring necessary spectrum holdings and meeting other annual goals. Senate Commerce Committee members raised similar concerns in March about PTC implementation (see 1803010054). Nine railroads, including the Maryland Area Regional Commuter and New Jersey Transit systems, are “at risk” of not meeting 2018 benchmarks, Federal Railroad Administration head Ronald Batory said during a subcommittee hearing. FRA “will continue to support and facilitate railroads’ implementation of PTC technology by utilizing the tools afforded by Congress and providing extensive technical assistance and guidance to railroads and suppliers,” Batory said. “We remain vigilant in harnessing and leveraging all the personnel, financial and other resources available to help expedite railroads’ implementation efforts.” GAO echoed Batory's assessment. GAO Thursday reported many railroads are in “early” stages of implementing PTC technology but at least 32 of the 40 affected railroads are likely to apply for an extension. NTSB “urges swift implementation of the congressional PTC mandate,” Sumwalt testified. “For each day that goes by without PTC, we are at continued risk for another tragic accident.” Chairman Jeff Denham, R-Calif., agreed there was some progress on PTC “among a majority of railroads,” but “we want to see everyone meet their requirements.”