STELA Bills' Fortunes Diverge Amid Senate Commerce Postponement, Doyle's Filing

Senate Commerce advanced on voice votes the Reliable Emergency Alert Distribution Improvement (READI) Act (S-2693), Harvesting American Cybersecurity Knowledge through Education (Hacked) Act (S-2775) and National Transportation Safety Board nominee Michael Graham. S-2693 and House companion HR-4856 would further address emergency alerts system issues highlighted by a 2018 false missile alert in Hawaii (see 1910240060). S-2775 would create a White House Office of Science and Technology Policy working group to coordinate federal cybersecurity workforce training programs and would direct the National Institute of Standards and Technology develop “standards and guidelines for improving the cybersecurity workforce for an agency” (see 1911050061).

Wicker said during the meeting he delayed S-2789's markup to allow more time to negotiate with Senate Commerce members. He expects to bring the bill back before the committee "in the coming weeks." Wicker later told reporters he expects that executive session in early December. He said during the meeting he “heard from a large number of committee members who have expressed interest in additional reforms in the video marketplace” via the bill. Wicker prefers “a clean five-year reauthorization as the best way to preserve a level playing field for comprehensive reform beginning early next year while protecting” consumers who will be adversely affected by STELA's expiration. S-2789 would extend STELA through 2024 (see 1911060043).

Senate Commerce ranking member Maria Cantwell, D-Wash., led behind-the-scenes opposition to Wicker's plans for a straight reauthorization of STELA by seeking an amendment to make STELA’s good-faith retransmission consent negotiations requirement permanent, said Capitol Hill officials and communications lobbyists. It's believed Cantwell had support from all Senate Commerce Democrats and several committee Republicans to alter S-2789. Cantwell was one of several committee members who voiced displeasure or skepticism last week with S-2789's text. Senate Commerce members filed 11 amendments before the markup, including a bid by Sen. Mike Lee, R-Utah, to shorten the extension by changing the sunset date to Dec. 31, 2021 (see 1911120062).

Cantwell noted recurring concerns to address before Senate Commerce marks up S-2789. Several committee members “don't want distant signals jammed into their communities” instead of broadcasts from their local stations, she told us. Some lawmakers raised concerns about STELA's distant-signal compulsory license provision for the 12 markets where AT&T's DirecTV provides limited or no access to networks' local affiliates (see 1905310051). AT&T says the 12 markets have access to the terrestrial signals. Cantwell also cited concerns that renewal of STELA's compulsory license language is “not within the committee's jurisdiction.” The House and Senate Judiciary committees have that power.

Wicker later emphasized to reporters that he and Cantwell “have resolved to proceed with all deliberate speed” toward agreement on STELA. He doesn't believe “we can do comprehensive reform” to address other media policy issues via this renewal “where we are now” in the process given the limited legislative days left before the law's expiration. Even the addition of language from the Truth-in-Billing, Remedies and User Empowerment over Fees (True Fees) Act (S-510) could be problematic now, Wicker said.

“I'm very committed to making [S-510] work,” Wicker told reporters. “It's a great concept” and “I would very much like” to get it passed, but S-2789 isn't the best vehicle. Sen. Ed Markey, D-Mass., sought an amendment to add language from S-510, which would let customers end contracts with providers without early termination fees if the provider increases prices. It would also prevent equipment fee increases unless providers improve the devices (see 1902140045).

Doyle told reporters Tuesday he's “interested to see what happens” at the Senate Commerce markup because “obviously they're having disagreements” over the direction for STELA. “We're curious to see what may or may not happen,” he said. Wicker's support for recertification contrasts with a bid by Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., to ask major broadcast networks to commit to post-STELA transition plans, which some interpret as his being outright opposed to an extension (see 1911010059).

Doyle called HR-5035 a “work in progress” and noted “last-minute negotiations” on a potential manager's amendment aimed at drawing broad support from House Commerce Republicans skeptical about recertifying the law. That bill, like S-2789, would extend until the end of 2024 STELA's good-faith requirement and would continue to allow importation of distant signals under the compulsory license. The measure incorporates language from S-510 House companion HR-1220 and would allow MVPDs to collectively negotiate for retrans consent with large broadcasters using a qualified buying group.

The existing HR-5035 text is “something that we've worked with the [House Communications] Republicans on” given there's a strong desire for a bipartisan solution, Doyle said. The full committee is likely to consider HR-5035 Tuesday, so the bill text will remain “in flux” until then. “It's not done yet, but we're moving,” he said. The House Communications markup, which includes eight other telecom bills (see 1911130001), begins at 11:30 a.m. in 2123 Rayburn.