Trade Law Daily is a Warren News publication.
NTCA Bears Down

APCO Spends More on Lobbying as 9/11 Anniversary Nears

Public safety spending on 700 MHz D-block lobbying more than quadrupled in Q1 2011 compared to the same quarter last year, according to Q1 lobbying reports. The Association of Public-Safety Communications Officials spent $80,563, 303 percent more than what the group spent in Q1 2010 and 66 percent more than Q4 2010. Meanwhile, the National Telecommunications Cooperative Association spent nearly five times what it did last year, and NTCA CEO Shirley Bloomfield said she expects the association of small rural telcos to continue spending at that level.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

With lobbying intensifying on spectrum legislation to build a nationwide network for public safety, APCO spent its most for a single quarter in almost two years, except for one outlying quarter last year when it spent $200,000. Since Q2 2008, APCO spent $20,000 or less in ten of thirteen quarters, and didn’t spend more than that until Q2 2010. The group’s spending fluctuated dramatically last year. After reporting $20,000 in Q1 2010, APCO reported a whopping $200,000 in Q2 -- mostly on ad spending for the launch of the Public Safety Alliance, an APCO spokeswoman said. APCO said it spent less than $5,000 the following quarter, and then $48,394 in Q4. APCO wants Congress to reallocate the D-block to public safety.

T-Mobile and Sprint Nextel, the wireless carriers leading opposition to D-block reallocation, spent more consistently with their lobbying figures of prior years. T-Mobile reported spending $690,000 on lobbying in Q1 2011, 32 percent more than Q1 2010. Sprint Nextel spent $583,000 in the first quarter, 25 percent less than it paid in the same quarter last year. The Rural Cellular Association, another reallocation opponent, spent $50,000, 67 percent more than Q1 2010.

AT&T and Verizon, which have sided with APCO, spent far more on overall lobbying than the No. 3 and 4 carriers, but their figures were consistent with prior year spending. AT&T said it spent $6.84 million in Q1 2011, up 15 percent year over year. Verizon said it spent $4.68 million, down 1 percent from Q1 2010.

"APCO International receives financial support annually from numerous sources including corporate partners,” Public Safety Alliance spokesman Sean Kirkendall told us. “The funding supports activities and programs,” including the Public Safety Alliance, he said. “Our top priority at APCO International and within the Public Safety Alliance ahead of the 10th anniversary of the tragedy of 9/11 is to secure allocation of the D block spectrum within the 700 MHz band with adequate funding to create a 20 MHz nationwide, interoperable public safety broadband network critical to the safety of the citizens of our nation."

The Public Safety Alliance lobbied federal lawmakers around the country this week during the Congressional recess, the alliance said Thursday. PSA leaders and local public safety officials requested meetings with 11 House and Senate members, including House Commerce Committee Chairman Fred Upton, R-Mich., House Communications Subcommittee Chairman Greg Walden, R-Ore., Rep. Cliff Stearns, R-Fla., and Sens. Debbie Stabenow, D-Mich., Carl Levin, D-Mich., and Mark Rubio, R-Fla.

NTCA Raises Voice

NTCA spent $290,0000 in Q1 2011 after spending only $440,000 all year in 2010. NTCA issues included tax and appropriations bills, repeal of the healthcare law, and legislation related to the FCC, spectrum and the Universal Service Fund, the rural telco association’s Q1 filing said. NTCA is “fighting for the future of the rural telecom industry,” Bloomfield said. “NTCA members have stepped up their trips to Washington to visit Congress and the FCC and we had over 600 people attend our Legislative & Policy Conference in March. The Q1 lobbying report reflects that increased grassroots activity -- and we don’t expect it to slow down until we have reforms that recognize the critical role USF and ICC [intercarrier compensation] play in ensuring that all Americans have comparable services at affordable rates."

Other communications associations showed less dramatic shifts in spending this quarter. NCTA, representing cable, said it spent $4.57 million, up 36 percent from Q1 2010. NAB said the broadcasting association spent $3.79 million, up 6 percent from Q1 2010. CTIA said the wireless association spent $2.84 million in Q1 this year, up 30 percent from Q1 2010. USTelecom reported spending $1.4 million, in line with Q1 spending last year. CompTel reported $137,342, up 5 percent year over year. OPASTCO, which like NTCA represents small rural carriers, reported spending $40,000 in the first quarter, 14 percent more than Q1 last year.

Comcast spent $5.71 million in Q1 2011, 86 percent over what it did the same quarter last year. But while Comcast’s lobbying report lists the cable company’s purchase of NBC Universal as a lobbying issue, a Comcast spokeswoman said the spending increase had more to do with the company paying for two quarters-worth of trade association dues in Q1 2011. The FCC approved the Comcast-NBCU deal 18 days into the quarter, she noted. Comcast “will begin reporting NBCU’s lobbying as a part of our numbers, but this was not what caused the larger number,” she said.

Facebook continued a sharp ramp up in Washington spending. The growing Internet company reported spending $230,000 in Q1, which is 456 percent more than it reported in the same quarter last year, and 77 percent more than Q4 2010. “This increase represents a continuation of our efforts to explain how our service works as well as the important actions we take to protect people who use our service and promote the value of innovation to our economy,” a Facebook spokesman said. While growing fast, Facebook spent far less than Google. The search giant spent $1.48 million in the first quarter, up 7 percent from Q1 2010.

Netflix, submitting a lobbying report for only the second time, said it spent $80,000 in the first quarter, the same as in Q4 2010. Netflix lobbied on privacy, intellectual property and Internet nondiscrimination, among other areas, the company said.

Tech sector growth in lobby spending was the exception to the rule in an otherwise falling K Street market, the Center for Responsive Politics said Thursday. Top spenders last year, including Boeing, Blue Cross/Blue Shield and the U.S. Chamber of Commerce posted lower lobbying spending figures compared to Q1 2010. “Outside the tech sector … the general slump across K Street can be attributed to several factors, including a turn-over from a Democratic-led Congress during 2009 and 2010 to its current, divided state."

GPS Lobbying Up

LightSquared, which is in a regulatory fight with GPS users over possible spectrum interference, didn’t spend much more in the quarter compared to last year, $190,000 vs. $185,000, but the company did spread the money around more. The company, which employed three lobbying groups in Q1 last year, this year used Gephardt Group, Wexler & Walker, Mehlman Capital Strategies, Palmetto Group and American Continental Group, with Mehlman and Palmetto getting the largest chunks, at $60,000 each.

Meanwhile, GPS-companies have increased spending on the issue. Trimble Navigation, which is one of the leaders in the fight against LightSquared’s service, increased lobbying expenses by $90,000 in Q1 this year, compared to a year ago. The company spent $200,000 on lobbying in Q1, adding Akin Gump and Innovative Strategies to their payroll, both of which pointed to potential interference with GPS as their sole issue. Garmin paid Dow Lohnes $20,000 to lobby on the issue in Q1, after spending less than $5,000 in the same quarter a year ago. The GPS lobbying may be paying off, with members of the Senate (CD April 18 p3) and House (CD April 4 p1) as well as federal agencies recently voicing concern over LightSquared’s proposed service.

Several other groups and companies listed the LightSquared fight as an issue they are lobbying on, showing the variety of industries working the issue. The Association for Unmanned Vehicle Systems International, the National Corn Growers Association, the National Association of Manufacturers, the Aircraft Owners and Pilots Association and the U.S. Chamber of Commerce all specifically named LightSquared as being involved in issues they are lobbying on. The AUVSI, NAM and Pilots Association are part of the Coalition to Save Our GPS, an ad hoc group opposed to LightSquared’s service and the NCGA said its interest in the issue is asking for FCC reconsideration of the waiver the FCC granted LightSquared that would allow it to offer terrestrial-only service. Other members of the group, including Deere and the Boat Owners Association of the U.S., mention the issue in their filing. The Chamber of Commerce didn’t comment and its interest is unclear from the filing.