A Wednesday House Communications Subcommittee hearing on intersecting telecom, national security and competition policy issues could give lawmakers an early opportunity to delve into T-Mobile's proposed merger with Sprint and ramifications of President Donald Trump's push for the Department of Commerce to re-evaluate its seven-year ban on exports to ZTE (see 1805140062), officials and lobbyists told us. A range of other issues could also come up, including the FCC national security NPRM (see 1804170038), U.S. competitiveness in 5G and a revamp of the federal government's process for reviewing foreign takeovers of U.S. communications sector companies, they said. Testimony released in advance of the hearing focuses on concerns about China and the need for further U.S. government work to secure the telecom infrastructure supply chain.
The Senate voted 52-47 Wednesday to pass the Congressional Review Act resolution aimed at reversing the FCC order to rescind 2015 net neutrality rules (Senate Joint Resolution-52), as expected.
Senate Democrats confirmed Monday they plan to force a floor vote Wednesday on the Congressional Review Act resolution aimed at reversing the FCC order to rescind 2015 net neutrality rules (Senate Joint Resolution-52), as expected (see 1805080066). Sen. Ed Markey, D-Mass., the lead sponsor of the resolution, filed a petition last week to discharge the measure from Commerce Committee jurisdiction, setting up the process to require a floor vote (see 1805090065). Fifty senators publicly support the resolution, including all 49 members of the Democratic Caucus and Susan Collins, R-Maine. Some lawmakers believe a 50-49 vote to pass the resolution is possible if Sen. John McCain, R-Ariz., isn't able to vote because of brain cancer treatment. Some still-undecided Republican senators, including John Kennedy, R-La., and Lisa Murkowski, R-Alaska, may choose to vote in favor of the resolution if they aren’t seen as the pivotal vote to pass it, telecom sector lobbyists told us. Murkowski “has not taken a firm stance on the CRA,” a spokeswoman said. “CRA or not, she believes a bipartisan, legislative solution would be the best path to ensure certainty within the industry.” Kennedy told us last week he remained thoroughly undecided as he continued to examine the issue. “A vote against this resolution will be a vote to protect large corporations and special interests, leaving the American public to pay the price,” said Senate Minority Leader Chuck Schumer, D-N.Y. The Senate “can send a clear message to American families that we support them, not the special interest agenda of President [Donald] Trump and his broadband baron allies,” Markey said.
The Balancing the Rights of Web Surfers Equally and Responsibly (Browser) Act (HR-2520) is back in the public debate over privacy legislation amid the Facebook-Cambridge Analytica data privacy controversy (see 1804100054 and 1804130057). Lawmakers and industry stakeholders remained divided in interviews on how influential HR-2520 should be in shaping the legislative process this year and into the next Congress, especially in the context of other bills being explored post-Cambridge Analytica. Capitol Hill has been grappling with whether and how to legislate in response to claims that Cambridge Analytica bought private data of some 87 million Facebook users in support of President Donald Trump’s 2016 campaign (see 1804110065, 1804300048 and 1805100038).
Sen. Ed Markey, D-Mass., and other supporters of a Congressional Review Act resolution aimed at reversing the FCC order to rescind 2015 net neutrality rules (Senate Joint Resolution-52) said Wednesday they remain hopeful they will pick up support from additional GOP senators before a final vote seen likely next week. Fifty senators publicly support the resolution -- all 49 members of the Senate Democratic Caucus and Sen. Susan Collins, R-Maine. Markey filed a petition Wednesday to discharge the measure from Senate Commerce Committee jurisdiction, as expected (see 1804260030 and 1804300033), a final step in their bid to force a floor vote by a June 12 deadline.
AT&T's payments to Essential Consultants, a shell company founded by President Donald Trump's personal lawyer Michael Cohen, drew calls by Capitol Hill Democrats Wednesday for congressional and federal investigations. Michael Avenatti, porn performer Stormy Daniels' lawyer, revealed Tuesday that Cohen was paid as a consultant for several companies. Avenatti said AT&T paid Essential Consultants at least $200,000 for consulting work in $50,000 installments, though others estimated the total payment may be far higher.
A Congressional Review Act resolution aimed at reversing the FCC order to rescind 2015 net neutrality rules (Senate Joint Resolution-52) appears likely to happen next week, days after expected Wednesday filing of a petition to discharge the measure from Senate Commerce Committee jurisdiction (see 1804260030 and 1804300033), lawmakers and lobbyists told us. Republican lawmakers said they are wary of the possibility the resolution could pass in the Senate by a narrow margin if Sen. John McCain, R-Ariz., isn't able to return this month because of brain cancer treatment. Senate Democrats downplayed such a scenario, emphasizing they are optimistic the CRA measure could still garner additional GOP supporters. Fifty senators publicly support the resolution, including all 49 members of the Senate Democratic Caucus and Sen. Susan Collins, R-Maine.
Two groups that favor FCC rescission of 2015 net neutrality rules spoke out Monday against a Congressional Review Act resolution of disapproval aimed at reversing the order. Sen. Ed Markey, D-Mass., is expected to file a petition Wednesday to discharge the resolution (Senate Joint Resolution-52) from Senate Commerce Committee jurisdiction, setting up a bid to force a floor vote (see 1804260030 and 1804300033). House Communications Subcommittee ranking member Mike Doyle, D-Pa., is spearheading the measure in the House (House Joint Resolution-129). The Information Technology and Innovation Foundation advocated Monday for “bipartisan compromise” legislation that mirrors elements of its earlier 2015 “grand bargain” proposal as a contrast to the CRA approach (see 1510290040). The Institute for Policy Innovation said the resolution “is an abuse of the CRA process.” It “is clear from the legislative history of the CRA that the intent of the law was to give Congress an opportunity to overturn ‘new rules,’ not to restore” rules as lawmakers intend with the net neutrality measure, IPI President Tom Giovanetti said. “Such misuse of the CRA would be contrary to the spirit of the law, because the FCC’s 2017 action was itself a review and repeal” of the 2015 rules. “It would be contrary to the letter of the law, in that the CRA can only be used to overturn rules, not orders," the group said: “Courts would likely find that the Order itself would survive a CRA challenge” but could overturn an accompanying transparency rule that supporters of the 2015 net neutrality rule back. “Instead of relying on near-impossible mechanisms (or risky political bets) to restore deeply flawed rules, policymakers should be negotiating in earnest to end the debate on net neutrality,” said ITIF Director-Telecom Policy Doug Brake. “Instead of focusing narrowly on net neutrality issues, expand the scope of legislation to include funding for broadband adoption and digital-literacy programs, while at the same time establishing baseline rules to protect and promote the open Internet.” It “is in both parties’ interest to end the national nightmare that is the net neutrality wars, particularly given only a small number of hardcore” advocates of Communications Act Title II-backed net neutrality rules “vociferously resist such a bipartisan legislative solution,” the proposal said.
Senate Judiciary Antitrust Subcommittee ranking member Amy Klobuchar, D-Minn., and seven other Senate Democrats are urging the FCC and DOJ to “closely review” T-Mobile’s proposed buy of Sprint. Several Democrats criticized T-Mobile/Sprint after the carriers announced the agreement, with several asking for hearings about the deal’s effect on the U.S. wireless sector (see 1804290001, 1804300057, 1805010072 and 1805020050). The FCC and DOJ must ensure T-Mobile/Sprint “does not threaten to harm consumers or competition in the wireless market,” the Senate Democrats said in a letter to DOJ Antitrust Division head Makan Delrahim and FCC Chairman Ajit Pai we obtained. The agencies should consider “the impact of reducing the number of national wireless carriers from four to three,” how “the proposed merger would affect lower-cost options for wireless service,” whether “specific regions, particularly rural areas, would be disproportionately affected” by the deal and “the proposed transaction’s likely effect on innovation of wireless networks and other technologies,” the letter said: The agencies also “carefully consider T-Mobile and Sprint’s direct competition against each other as the two lower-cost alternatives to AT&T and Verizon.” Lower-cost options “are especially important for Americans who rely on mobile broadband as their primary or only internet connection,” the letter said. Despite the carriers’ argument that T-Mobile/Sprint will help them deploy 5G, T-Mobile “has shown that it is already capable of rapidly creating and expanding a nationwide network independently when it deployed nationwide LTE faster than Verizon and AT&T. The transaction would also eliminate Sprint as an independent force for innovation.” The FCC, DOJ, Sprint and T-Mobile didn’t comment.
Senate Homeland Security Committee ranking member Claire McCaskill, D-Mo., is again pressing the FCC for answers about “waste, fraud and abuse” in the Lifeline USF program in the wake of recent findings from the agency's Office of Inspector General. Rep. Nydia Velázquez, D-N.Y., and 47 other Democrats, meanwhile, wrote FCC Chairman Ajit Pai, as expected (see 1805020061), urging him not to cut the Lifeline budget as part of his revamp plan. Democrats repeatedly criticized Pai's Lifeline revamp plan (see 1801230075, 1803210061, 1803300045 and 1804260068).