Walden Suggests Markup Bipartisan Compromise Possible; Eshoo Denies It's Likely
House Communications Subcommittee Chairman Greg Walden, R-Ore., struck a hopeful note Wednesday about the three pieces of contested legislation advancing to a subcommittee markup vote Thursday. He hinted at such shifts in an interview Tuesday. "We’ll see at the markup,” Walden said with a wink when asked about possible changes to the measures to secure bipartisan support. But Communications Subcommittee ranking member Anna Eshoo, D-Calif., said that compromise wasn't reached.
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The subcommittee will consider three bills at its 10 a.m. meeting in 2123 Rayburn: the bipartisan Amateur Radio Parity Act (HR-1301), the No Rate Regulation of Broadband Internet Access Act (HR-2666) and the Small Business Broadband Deployment Act. The latter two measures would curb aspects of the FCC net neutrality order, the first preventing rate regulation of broadband and the second exempting small businesses from the order’s enhanced transparency requirements. Prospects were seen as limited ahead of a legislative hearing on those bills (see 1601070051), and objections arose to all three measures (see 1601110064). Lawmakers delivered opening statements Wednesday.
"Mr. Chairman, it was my sincere hope that we would reach agreement on the two net neutrality-related bills under consideration at today’s markup," Eshoo said in a written opening statement released more than an hour and a half after the markup's start time. "Unfortunately we have not, despite many hours of staff time, working in consultation with the FCC, academic experts, public interest groups, industry and other key stakeholders for technical guidance."
“In the time since that hearing, we’ve continued to work with our colleagues to focus on changes to the bills that achieve our goals and hopefully garner bipartisan support,” Walden said in his opening statement. He referred to many possible changes underway. “We have taken to heart the concerns expressed by witnesses and members alike at our hearing, and are working to incorporate those into legislative language,” he said of the rate regulation legislation sponsored by Rep. Adam Kinzinger, R-Ill. “I am confident that we can find a middle ground that protects consumers while ensuring that no future FCC abuses the new authority granted in the net neutrality proceeding.”
Walden said he believes there will be a compromise possible on the net neutrality transparency exemption bill by full committee markup. Walden referred to “an appropriate balance that can be struck and we are very close to reaching that balance with our Democratic colleagues” and said that “we are working together to iron out the small differences that remain.” Eshoo attacked the idea of such legislation in her opening statement. "Recognizing that some of the reporting requirements included in the FCC’s enhanced transparency rules could pose a challenge to the nation’s smallest broadband providers, I instructed my staff to survey associations that represent these companies," Eshoo said. "The results were highly instructive. For example, one rural advocacy group representing small telecommunications providers has on average 4,000 access lines and 34 employees per member company. Similarly, the Majority’s witness last month testified that their association’s members have an average of 1,500 customers with the largest company having 200,000 subscribers."
Although the Amateur Radio Parity Act has bipartisan backing, some such as Eshoo had feared the bill would infringe on the rights of homeowners associations. “While we are seeking to protect ham operators’ ability to put up antennas, we also recognize that there is a role for community associations in preserving the interests of their residents,” Walden said. “We’ve been working closely with stakeholders and our colleagues on the other side of the aisle to come to an agreement on language that achieves both of these goals. While the bill we will vote on today is the original language, we are still negotiating and we intend to find a compromise before we move the bill to full committee markup.”
No Democrats attended the delivery of opening statements Wednesday. The Democratic staff memo from the office of Commerce Committee ranking member Frank Pallone, D-N.J., highlighted issues raised by the two net neutrality bills. A spokeswoman for Pallone declined to comment on any possible bipartisan compromise on any measures.
“I’m optimistic that we will reach bipartisan agreement on these bills that will protect consumers, small businesses, and operators and providers of communications services in Southwest Michigan and across the country,” said Commerce Committee Chairman Fred Upton, R-Mich., in a written opening statement. He didn’t attend the session. A markup attendance sheet showed only three members attended, all Republicans.
Commerce Committee Vice Chairwoman Marsha Blackburn, R-Tenn., attended and lauded the Small Business Broadband Deployment Act, a draft measure from Walden. “This is the right step,” she said, also praising the rate regulation for codifying the pledges of FCC Chairman Tom Wheeler. Communications Subcommittee Vice Chairman Bob Latta, R-Ohio, attended and praised the two measures on the net neutrality order. “It is my hope that our subcommittee can work to move these through the legislative process,” he said.