Congress Targeting Spectrum Legislation This Fall

Building a national wireless broadband network for public safety is the top telecom priority this fall for the Senate Commerce Committee, committee aides said. House Democratic and Republican staff, meanwhile, have continued discussions on spectrum legislation through the August recess, House officials said. Senate Commerce Committee Chairman Jay Rockefeller, D-W.Va., also is closely watching the FCC as it attempts to overhaul the Universal Service Fund and the committee may have a hearing on the AT&T/T-Mobile deal, his spokeswoman said. Senate Republicans, meanwhile, are poised to move their Congressional Review Act rebuke of the FCC’s net neutrality order.

Public safety is Rockefeller’s top telecom priority for the fall, a Commerce Committee spokeswoman said. Rockefeller plans to continue to push his spectrum bill, S-911, and pass it through the Senate “however possible,” the spokeswoman said. The senator is aware of political realities, including that securing floor time will be difficult this fall, she said. Majority Leader Harry Reid, D-Nev., has said his first priority when Congress returns is patent reform, and activities of the Joint Select Committee on Deficit Reduction are also expected to take up time. The special committee is expected to consider spectrum auctions, which are estimated by the Congressional Budget Office to raise $24.5 billion (CD Aug 11 p1).

Spectrum talks in the House have continued during August, Hill staffers said. “Bipartisan discussions on spectrum legislation are ongoing and the committee will continue to address FCC process reform,” a House Commerce spokeswoman said. Democrats are engaged in the spectrum discussions, two House aides said. “There is a real sense of urgency on the Democratic side to address the looming spectrum crisis -- especially as we approach the 10th anniversary of 9/11,” said a spokeswoman for Rep. Doris Matsui, D-Calif. But the political parties have disagreed on what to do with the 700 MHz D-block; Republicans want to put it up for a commercial auction while Democrats have supported Rockefeller’s proposal to reallocate it to public safety.

After spectrum, USF reform is Rockefeller’s next telecom priority, his spokeswoman said. But the Commerce Committee chairman is not planning to intervene yet with any legislation, she said. Rather, he plans to “keep a close eye” on FCC overhaul efforts this fall, she said. Senate Commerce also plans to have a hearing on the AT&T/T-Mobile deal as early as this fall, she said.

Passing S-911 and pushing for a vote in the Senate to repeal FCC net neutrality regulations are the two top priorities of Commerce Committee Ranking Member Kay Bailey Hutchison, R-Texas, a GOP committee aide said. Hutchison co-authored S-911 with Rockefeller. Hutchison has said she and Minority Leader Mitch McConnell, R-Ky., are waiting to move their joint Congressional Review Act resolution of disapproval (SJ Res 6) against the net neutrality rules until the FCC order appears in the Federal Register (CD Aug 8 p1).

Sen. Dean Heller, R-Nev., the most recent addition to the Senate Commerce Committee, “would like to see the Senate take up FCC [process] reform,” his spokesman said. House Communications Subcommittee Chairman Greg Walden, R-Ore., has held multiple hearings and continues to work on legislation in the House. But Rockefeller and other Senate Democrats have not shown much interest in pursuing the subject.

Also, the Senate this fall likely will consider nominations to replace FCC Commissioner Michael Copps and ex-Commissioner Meredith Baker. Copps must leave the FCC when the current session of Congress ends. Earlier this summer, McConnell recommended Ajit Pai to replace Baker. Pai’s nomination is likely to be paired with Copps’ replacement, who is likely to be Jessica Rosenworcel, an aide to Rockefeller (CD June 20 p1).

CTIA is watching the Wireless Tax Fairness Act, a bill that would place a five-year moratorium on new state and local taxes for wireless, a CTIA spokeswoman said. The House version by Rep. Zoe Lofgren, D-Calif., was approved by the House Judiciary Committee and awaits a vote on the House floor. But the Senate version by Sen. Ron Wyden, D-Ore., is still pending before the Finance Committee. The bill has been introduced in previous Congresses, but has never gotten so far, the CTIA spokeswoman said. “We are optimistic this bill … will pass.”

NAB’s “attention is directed primarily on how the spectrum/broadband issue plays out -- whether as stand-alone legislation or as part of a Super Committee package,” an NAB spokesman said. “We will be looking for assurances that TV stations can fulfill pledges made to our viewers during the DTV transition, which includes more program choices and live mobile DTV, and whether legislation would threaten those opportunities. We also want to make sure viewers don’t get punished by reduced service areas if TV stations volunteer to stay in business.”