Hill Democrats Seek to Revamp Communications Act
Congress will develop proposals to update the Communications Act, Democratic Commerce Committee leaders in both houses said Monday. The process will be headed by House Commerce Committee Chairman Henry Waxman, D-Calif., and Communications Subcommittee Chairman Rick Boucher, D-Va., and their Senate counterparts Jay Rockefeller, D-W.Va., and John Kerry, D-Mass. Telcos, broadcasters and Public Knowledge were among those who backed the effort at our deadline.
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The Democrats plan to start by inviting “stakeholders to participate in a series of bipartisan, issue-focused meetings beginning in June,” said the four chairmen in a joint news release: “A list of topics for discussion and details about this process will be forthcoming."
Kerry and Rockefeller agree that “it is time to engage in a methodical and thoughtful process to update our communications laws to better account for how people communicate today,” said a spokeswoman for Kerry. “Senator Kerry believes that this process is complementary to the efforts at the FCC, not a substitute for them. The deliberative process, both here and at the agency, will help inform and enhance our respective responsibilities to write and execute law and regulation that encourages innovation, inclusion, and consumer protections."
The Democratic leaders didn’t appear to involve Republican leaders in the effort. “We look forward to reading their press release on bipartisan communications policymaking when they send it to us,” said a spokeswoman for House Commerce Committee Ranking Member Joe Barton, R-Texas. And some at the FCC were caught off guard by the announcement, which they hadn’t been briefed on beforehand.
FCC Chairman Julius Genachowski has previously said he is open to major legislation. “Should congressional leaders decide to take up legislation in the future to clarify the statute and the agency’s authority regarding broadband, the agency stands ready to be a resource to Congress as it considers any such legislative measures,” Genachowski wrote on the Broadband.gov blog May 6. That’s when he announced his plan to reclassify broadband transport under parts of Title II of the Communications Act. The FCC declined to comment on Monday’s announcement. An FCC official said he was informed that the process was underway Monday afternoon. The official said it could provide an opening for Genachowski to win consensus between industry and public interest groups on broadband reclassification and net neutrality.
The four Congressional chairmen had been hinting at a telecom law overhaul for a few months. In a letter earlier this month, Waxman and Rockefeller told Genachowski they would take on a major revamp through legislation if necessary (CD May 6 p1). In March, Boucher said he hoped to work on a comprehensive revamp in the next Congress starting January.
USTelecom backs the Congressional leaders’ inquiry and looks forward to participating in the process, a spokeswoman said. “NAB would be pleased to engage in a dialogue related to proposed updates to the Communications Act,” said a spokesman. Other major industry groups didn’t immediately comment. In March, Verizon Executive Vice President Tom Tauke called for sweeping legislative changes.
Public Knowledge agrees with the need to update telecom laws, and plans to be active in the discussion, said President Gigi Sohn. “The world has changed considerably since 1996, and Congress should be looking at how the law should accommodate today’s technology and marketplace.” She predicted the process probably will be long, and said the FCC should in the meantime pursue its plan to set “some rules of the road for the Internet, protecting consumers and encouraging innovation and economic activity online."
"Sounds like they are just looking for something to do,” said a Democratic lobbyist, who noted that the statement doesn’t list items to be taken up. “Reform efforts that start without an agenda usually end up being solutions in search of a problem.”