Wicker Files Star Act to Renew Parts of STELA Law Through 2024

Wicker's filing of S-2789 sets up what some officials and lobbyists believe will be a battle of wills with recertification skeptics and outright opponents. Senate Judiciary Chairman Lindsey Graham, R-S.C., wrote ABC, CBS, Fox and NBC last week to ask about their post-STELA plans, which some interpret as his being outright opposed to recertifying the law (see 1911010059). STELA expires Dec. 31.

S-2789 would extend all portions of STELA through 2024. Wicker described it to reporters Tuesday as a “clean reauthorization” of those portions of the law that Senate Commerce has jurisdiction to address. Wicker earlier sought a shorter-term renewal as a compromise with STELA skeptics (see 1909250063). A Wicker aide said Wednesday a straight renewal would be a “first step” to a Senate Commerce bid to more holistically address video market issues beginning early next year, without the looming threat of STELA's sunset.

Wicker countered interpretations of Graham's letter to broadcasters as clearly opposing STELA renewal. “I haven't gone through and analyzed” those letters, but “my sense from talking to [Graham] just now” is that he agrees with Wicker that “800,000 Americans are going to be grossly disadvantaged on Jan. 1 if we don't extend” some form of STELA, Wicker told reporters Tuesday. Graham's constituency in South Carolina “is a lot like mine. You've got a lot of campers, you've got a lot of tailgaters, you've got a lot of RVs, you've got a lot of single-wides out there in our states” who would be “grossly disadvantaged” by an abrupt sunset of the law. “We would like to accommodate the broadcasters and listen to them,” Wicker said. “They have concerns and clearly the market is changing, but I just don't think this Congress wants to risk leaving people in the lurch” on Jan. 1.

“I don't see how we can” include other media policy issues in a “clean” STELA recertification, including language from the Truth-in-Billing, Remedies and User Empowerment over Fees (True Fees) Act (S-510), Wicker said Tuesday. He met with lead S-510 sponsor Sen. Ed Markey, D-Mass., last week about possibly including the measure's language in a renewal package (see 1910300055). S-510 and House companion HR-1220 would let customers end contracts with providers without early termination fees if the provider increases prices, and would prevent equipment fee increases unless providers improve the devices (see 1902140045). “I think [Markey] and I are at a real good spot, but if we start amending the clean reauthorization, I just don't know,” Wicker said.

STELA Skeptics

Several STELA-skeptical Senate Commerce and Judiciary members said in Wednesday interviews they believe simply renewing the statute without additional updates isn't acceptable. “We should do a proper reauthorization and not just re-up the old statute,” said Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii. “A lot has changed” since the 2014 renewal.

Senate Commerce ranking member Maria Cantwell, D-Wash., cryptically said “I'm with” Graham, House Commerce Committee Chairman Frank Pallone, D-N.J.; House Judiciary Committee Chairman Jerry Nadler, D-N.Y.; and House Commerce ranking member Greg Walden, R-Ore., on the issue. Pallone didn't take a clear position during a June House Communications Subcommittee hearing (see 1906040057). Nadler asked the heads of AT&T's DirecTV and Dish Network in March how their subscribers would be affected if Congress allowed the law to sunset (see 1903260065). Walden has questioned the need to reauthorize STELA but suggested recently short-term renewal is the likeliest outcome (see 1910220058). Cantwell's office didn't comment.

Other senators said they would need to read S-2789's full text before they take a position. “I haven't seen it yet,” but “I think the straight-up reauthorization is what [Wicker] is proposing, so we'll take a look at it,” said Senate Communications Chairman John Thune, R-S.D. “I'm sure we'll have more conversations about it, but the video marketplace has changed a lot and as we consider what we do” with the statute “we need to think about that.”

“I think the marketplace has changed a lot in some jurisdictions and hasn't substantially in others,” said Senate Intellectual Property Subcommittee Chairman Thom Tillis, R-N.C. “I think if [S-2789] is a good-faith effort to figure out how we can modernize [STELA] instead of just doing a straight-up reauthorization, I'd be happy to talk with [Wicker] about it.” Stalling an examination of other media issues until next year could be more problematic, Tillis said: “If you put some [issues] away and they're not part of the discussion” until after a reauthorization is finished, it makes it less likely they'll be addressed.

Blackburn said she remains concerned about renewing parts of STELA, but she wants to “see what [Wicker] introduces" and "we're going to continue to work through this process.” She was more receptive to Wicker's suggestion of a broader video law revamp in 2020 because “we need to continue to update these statutes and regulations as the marketplace and delivery systems change.”

Sen. Jon Tester, D-Mont., said he's “OK with a five-year” reauthorization of those parts of STELA under Senate Commerce's jurisdiction, but “we'll see if it deals with” the distant-signal license language too. Tester is one of several lawmakers who raised concerns about the distant-signal provision in the context of the 12 markets where AT&T's DirecTV provides limited or no access to locally broadcasted networks' stations (see 1905310051). AT&T says the 12 markets have access to local stations' terrestrial signals. “There's some things we could do” to revamp the distant-signal language because “I'm not sure” it provides “local signals with the exception of RVs and trucks,” he said.

The American Television Alliance lauded Wicker's filing of S-2789, saying “870,000 families across the country shouldn’t suffer a Congressional TV blackout, but that is exactly what will happen if Congress fails to act. We urge the committee to not only renew the current law but to fix this broken system that has brought record blackouts and allowed broadcasters to raise fees paid by cable and satellite customers by more than 5,000” percent. ACA, AT&T and Public Knowledge also praised the bill.