House Communications Clears STELA Renewal Legislation; Some GOP Objections

House Commerce ranking member Greg Walden, R-Ore., and other critics allowed HR-5035 to advance on a voice vote. Walden noted he reserved his “right to object” once the measure comes before the full committee. The 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 the Truth-in-Billing, Remedies and User Empowerment over Fees (True Fees) Act (HR-1220), which would let customers end contracts with providers without early termination fees if the provider increases prices. It would prevent equipment fee increases unless providers improve devices (see 1902140045). HR-5035 would also let MVPDs collectively negotiate for retransmission consent using a qualified buying group.

“I have yet to be convinced that we need to reauthorize” STELA, Walden said. “We can do media policy through regular order” in House Commerce “just like any other issue.” There's “no reason we need to try and do these reforms on the basis of unrelated expiring provisions” in STELA. He noted Senate Commerce's delayed consideration of S-2789, which he believes shows STELA renewal “isn't yet fully vetted and ready for prime time in either” chamber. House Communications ranking member Bob Latta, R-Ohio, raised concerns about the inclusion of text from HR-1220 and the collective negotiation language to what he views as an “otherwise clean” renewal. “Hopefully, we can get to a better place” on the bill before the House Commerce markup, he said.

House Commerce Chairman Frank Pallone, D-N.J., and House Communications Chairman Mike Doyle, D-Pa., noted a lack of consensus on HR-5035 and committed to continuing to work with STELA skeptics. “I know my colleagues will have different views regarding this reauthorization, but these provisions are expiring and if we are going to address them, we must do it now,” Pallone said. “I look forward to working together with my colleagues as we prepare to move to the full committee to discuss any concerns in the hopes of building bipartisan consensus.”

Rep. Anna Eshoo, D-Calif., praised Doyle for including HR-1220's text in HR-5035, which she called a “commonsense” proposal. “I'm hopeful that we will leave open the conversation for broader” video market revisions at a later date, but the existing HR-5035 text is an “important first step,” she said. Eshoo and House Minority Whip Steve Scalise, R-La., had been pushing to include the text from their Modern Television Act (HR-3994) in a STELA extension package (see 1907290053). That bill would repeal some parts of the 1992 Cable Act (see 1907290053).

Process Concerns

STELA recertification “is a complex issue” and “I hope we can come together” on a compromise before the House Commerce marks up HR-5035, Doyle said. “We've got some work to do” with Republicans on the measure, he later told reporters. He didn't commit to bringing HR-5035 up for a committee vote next week, as he had earlier expected. “We haven't noticed” such a markup yet, Doyle said. “Time will tell.”

Rep. Tom O'Halleran, D-Ariz., said lawmakers' focus should be on “consumers first.” House Commerce “must continue to thoroughly evaluate [HR-5035] in a bipartisan way to ensure it reflects the needs of the entire video marketplace and provides stability,” he said.

Walden, Latta and Rep. Billy Long, R-Mo., objected to what they view as deliberate process failures ahead of HR-5035's filing earlier this week. “We've been a little dissatisfied with … how the bill got to us today,” Walden said. “It was only introduced hours before the markup was noticed” and “Republicans were not consulted about the text” considered Thursday. “Since [House Communications] did not have a legislative hearing” on HR-5035 “I have a lot of questions for” [Democratic committee counsel] since we really haven't had a chance to review the bill or understand what it does.”

“I am fine with having a conversation” about including transparency language like the HR-1220 text in a STELA bill, “but the majority has not been transparent about their intentions” in HR-5035, Long said. “We have not had a hearing” where the HR-1220 language was discussed or a “legislative hearing on how to protect satellite customers.” House Communications “mostly works … in a bipartisan basis and follows regular order,” he said. The process for advancing HR-5035 “seems like a strange outlier and I urge [Doyle] to get us in a better place."

Other Bills

House Communications easily advanced the eight other bills on the docket, with lawmakers emphasizing bipartisan cooperation. Those bills included an amended version of the Broadband Deployment Accuracy and Technological Availability (Broadband Data) Act broadband mapping legislative package (HR-4229). The bill in part would require the FCC collect more “granular” broadband coverage data and create a "user-friendly challenge process" (see 1909110071). The subcommittee advanced an amended version of the Mapping Accuracy Promotes Services Act (HR-4227), which would explicitly forbid knowingly giving the FCC inaccurate coverage data (see 1909110071).

Latta and Rep. Dave Loebsack, D-Iowa, successfully attached a substitute version of HR-4229 that includes additional language aimed at ensuring broadband coverage data transparency. It would require GAO review of the coverage data sources the FCC uses to update its maps. A separate amendment led by O'Halleran and Rep. Gus Bilirakis, R-Fla., would require the FCC to consider “any lessons learned” from its Mobility Fund Phase II challenge process and “the need for user-friendly submission formats” as it develops a new challenge process.

The markup cleared six supply chain security and spectrum bills, including a refiled version of the Secure and Trusted Communications Networks Act (HR-4998). That bill would require the FCC to provide $1 billion in funding to help small carriers remove equipment from companies that may pose a security risk (see 1909240065). The markup also included a refiled version of the Studying How to Harness Airwave Resources Efficiently (Share) Act (HR-5000), which is aimed at reasserting the existing roles the FCC and NTIA hold in managing and sharing federal spectrum.

Also on the docket: H.Res. 575, the Secure 5G and Beyond Act (HR-2881), Network Security Information Sharing Act (HR-4461) and Promoting United States Wireless Leadership Act (HR-4500). The amended H.Res. 575 would express the sense of the House that 5G development stakeholders should consider adhering to proposals adopted at the May Prague 5G Security Conference (see 1905030052).

HR-2881 and Senate version S-893 would require the president develop a strategy for ensuring 5G security (see 1903270065). O'Halleran and Rep. Susan Brooks, R-Ind., successfully sought an amended version. An amendment from Brooks and Rep. Tony Cardenas, D-Calif., would bar NTIA from implementing any bid to nationalize 5G or other spectrum assets without FCC approval.

HR-4461 would direct the Homeland Security secretary to create a “program to share information regarding supply chain security risks with trusted providers of advanced communications service and trusted suppliers of communications equipment or services.” Rep. Adam Kinzinger, R-Ill., successfully removed language appropriating $50 million to establish the program.

HR-4500 would direct NTIA to encourage U.S. companies and others to participate in international standards-setting bodies. An amendment led by Reps. Tim Walberg, R-Mich., and Debbie Dingell, D-Mich., would expand the sources NTIA can rely on to determine what it views as a “trusted” entity (see 1905150066).