Boucher Leaves Legacy of Bipartisanship As He Departs Congress

Boucher and his staff were already busy packing up Thursday. Waiting in the reception area of his office in the Rayburn House Office Building, we watched aides find paths around moving boxes to carry trash to a big blue recycling bin standing outside the door. Boucher was first elected in his rural 9th district in 1982, and became chairman of the Communications Subcommittee after the 2008 election.

The moderate Democrat is “foreclosing no options” for what he does next year, he said. “I don’t have immediate plans,” but will consider the private sector as well as “possibilities in the public sector,” Boucher said. Where he will end up should become clearer in December, he said. “I am focused on closing down the Congressional operation” and “finishing my work this Congress.” Boucher doesn’t plan to move telecom legislation in the lame duck, but work on several communications issues is nearly finished and ready to be acted on next year, he said.

Boucher tried to set an example with his chairmanship “to be as inclusive of Republicans as I'd want them to be” of Democrats, Boucher said. “I would encourage the next chairman and ranking member to cooperate on everything,” because it will lead to better policy. The next leaders of the subcommittee should remember that “politics don’t matter, and party labels don’t matter,” he said. “That is perhaps truer in the telecom space than any other subject matter,” he said. Boucher cited a “very strong partnership” with Subcommittee Ranking Member Cliff Stearns, R-Fla., and a “strong friendship” with Committee Ranking Member Joe Barton, R-Texas, and Reps. Fred Upton of Michigan, John Shimkus of Illinois and Lee Terry of Nebraska.

It’s also important to find consensus among industry stakeholders affected by potential legislation, Boucher said. “The art of good legislating is to make sure that once a measure becomes law, it’s effectively implemented,” he said. “Consulting with the affected sector at the outset is the best way to ensure that outcome."

Boucher doesn’t know whether the net neutrality deal he worked on with Commerce Committee Chairman Henry Waxman, D-Calif., can be revived. “A lot of what will happen … depends on what the FCC decides to do,” he said. “If Chairman [Julius] Genachowski decides to undertake a reclassification of broadband, that probably will ignite a further effort to pass net neutrality legislation on the Hill.” Boucher cited continued congressional interest in updating the Telecom Act, including interest by Stearns. “There are some changes that I think are appropriate,” including unifying regulations for telcos and cable companies who now offer “essentially indistinguishable” services.

The congressman’s USF bill with Terry “is ready to be marked up,” and Boucher “wouldn’t change a thing,” Boucher said. It’s “been endorsed by all the key stakeholders,” including the biggest USF recipients and contributors, he said. Having Republicans in power shouldn’t affect the bill’s chances for passage, he said. “In the end, the stakeholders are going to need to motivate action.” Boucher hasn’t talked to Terry yet about next steps, he said. “I guess if I have any continuing role it will be as a witness at a hearing."

His privacy legislation with Stearns “will need some refinement” and “some coalition building will have to be done” to build support needed to pass it, Boucher said. “But I think the concepts in the bill are right.” Rep. Bobby Rush, D-Ill., will be a major player whether he is named ranking member of the Communications Subcommittee or the Consumer Protection Subcommittee, Boucher said. Technically, the bill is the jurisdiction of Rush’s Consumer Protection Subcommittee, but Boucher and Rush never drew “hard jurisdictional lines,” Boucher said. Rush’s own privacy bill borrows some concepts from the Boucher-Stearns bill, Boucher said. A “merger” of the two bills “is the obvious next step."

Barton is “very devoted” to privacy and is “probably a little bit more determined” to tackle the issue than other Republicans who want to lead the Commerce Committee next year, Boucher said. But Stearns is also determined and Boucher doesn’t think any new chairman could “ignore” the issue. “It’s an issue whose time has come."

Congress must resolve what to do with the 700 MHz D-block and establish a national wireless broadband network for public safety, Boucher said. He favors a commercial auction, with proceeds going toward funding the network. “The question should be resolved on an empirical basis,” and whether public safety actually needs the extra spectrum, he said. Buildout is “going to cost a lot of money.” Also, giving the D-block to public safety will require a significant offset since it’s already accounted for in the budget, he said. It may not be necessary to pass spectrum inventory legislation anymore, since President Barack Obama directed the NTIA and FCC to move forward, Boucher said.

Boucher still hopes an industry deal on performance royalties can be worked out between broadcasters and the music industry, he said. However, “I'm not sure” requiring FM chips on cellphones “is going to work,” he said. “They can’t really fully expect some third party to surrender something … That’s pretty unrealistic.”