FCC Chairman Tom Wheeler reassured two House Democrats about his net neutrality goals in letters last month, released by the agency last week. “Suffice it to say, there are three bright lines for any open Internet rules: no blocking, no throttling, and no fast lanes,” Wheeler said in a letter to House Commerce Committee ranking member Henry Waxman, D-Calif., noting the two had “just met” on net neutrality issues. Wheeler has “consistently stated my opposition to ‘fast lanes’ that degrade the quality of the consumer's experience or create an artificial structure that interferes with the virtuous cycle of the Internet ecosystem,” he told House Communications Subcommittee ranking member Anna Eshoo, D-Calif., in another letter. “With concerns like these in mind, our Notice expressly asks whether and how the Commission can prohibit or presume illegal paid prioritization practices, consistent with our authority.” Eshoo and Waxman have backed some use of Communications Act Title II reclassification.
The FCC must reclassify broadband as a Communications Act Title II service, argued Sens. Cory Booker, D-N.J., and Angus King, I-Maine, in a joint CNN op-ed Monday. “Some worry that this approach could be overly burdensome on Internet service providers, but the fact is, the FCC can easily apply only the necessary parts of Title II regulation through a process known as forbearance,” they said. “This flexible approach would allow the FCC to adopt bright-line rules that provide certainty to the market, and would keep the Internet as a powerful, open platform that gives everyone -- not just the highest-bidder -- the opportunity to freely exchange goods and ideas.” Any alternative “will not allow the FCC to adopt the rules we need today to protect customers and businesses, and will result in high social and economic costs,” they said, calling for a ban on blocking, discrimination and Internet “tolls.” Capitol Hill Republicans and many industry stakeholders have warned of what they see as burdens of reclassification.
FCC Chairman Tom Wheeler feels powerless “outrage” that schools and libraries may use the Children’s Internet Protection Act to block content favorable to gay and lesbian advocates, he told several House Democratic lawmakers in a letter the agency released last week. The FCC “is bound by Congress's strict determination that, for purposes of CIPA compliance, decisions about what material is ‘inappropriate for minors’ be made at the local level,” Wheeler said. “Unless and until Congress makes changes to this law, the Commission cannot review the decisions made at the local level.” Concerned lawmakers included Reps. Mike Honda, D-Calif.; David Cicilline, D-R.I.; Jerrold Nadler, D-N.Y.; and Jared Polis, D-Colo.
The Senate is likely to consider two cybersecurity bills this week -- the National Cybersecurity Protection Act (S-2519) and the Federal Information Security Modernization Act (S-2521) -- as the lame-duck session draws to a close, an industry lobbyist told us. The timing of final votes on the two bills was fluid amid wrangling by the bills’ Senate supporters, though it was possible a vote on S-2519 could occur as early as Monday night after our deadline, the lobbyist said. Senate Homeland Security Committee Chairman Tom Carper, D-Del., has been circulating the revised version of S-2519, originally called the National Cybersecurity and Communications Integration Center Act, in recent days in the form of a manager’s amendment, the industry lobbyist said. The revised S-2519 would combine many elements of the original S-2519 and some language from the House-passed National Cybersecurity and Critical Infrastructure Protection Act (HR-3696), the manager's amendment said. S-2519 would codify the Department of Homeland Security’s current cybersecurity role, particularly via DHS's National Cybersecurity and Communications Integration Center. Senate Homeland Security originally cleared the bill in June (see 1406270036). Senate Homeland Security didn’t comment. The revised S-2519 doesn’t include provisions in HR-3696 that would have amended the Support Anti-terrorism by Fostering Effective Technologies (SAFETY) Act of 2002 to allow companies to seek liability protections for sharing cybersecurity information with DHS. S-2519 does include language from HR-3696 urging security clearances be provided to critical infrastructure owners and operators, as well as requiring the DHS secretary to submit a report six months after the bill’s enactment on facilitating information sharing. The American Civil Liberties Union endorsed HR-3696 but has criticized the stalled Cybersecurity Information Sharing Act (S-2588) and its House-passed counterpart, the Cyber Intelligence Sharing and Protection Act (HR-624).
The likely incoming top Senate Commerce Committee Democrat invoked a controversial partisan piece of legislation on the Senate floor Monday, one that initially derailed the confirmation of FCC Chairman Tom Wheeler in late 2013 (see 1310300065). Sen. Bill Nelson, D-Fla., brought up the Disclose Act, which is designed to force certain funders of political advertising to be more transparent. “We had 59 votes, we needed 60 to cut off debate so we could get to the Disclose Act,” Nelson said, citing a failed cloture vote on S-3628 in 2010. Three years later, Sen. Ted Cruz, R-Texas, blocked the confirmation of Wheeler’s FCC chairmanship for months over concerns that the agency may try independently to impose the requirements of the Disclose Act. Nelson lamented the losses of several Democrats in the November midterm elections, including Sen. Mark Begich, D-Alaska; Communications Subcommittee Chairman Mark Pryor, D-Ark.; and Sen. Mark Udall, D-Colo. Republicans won control of the Senate. Nelson slammed the “the avalanche of outside money” that is used to define political candidates with statements that are untrue. “When you talk to the TV stations, the broadcast stations, and you show them the fact checkers, they’ll still run the TV ads,” Nelson said. Pryor also spoke on the floor, delivering a farewell address in which he called the Senate “broken,” with a system full of “dysfunction,” recognized by the American people. “If we had been able to pass that, then all of this money would not be flowing because it’s hiding behind this masquerade of the Committee for Good Government or the ABC Committee for Whatever,” Nelson said of the Disclose Act’s failed cloture vote. These political spenders “masquerade behind that veil to spend all of that money” to defeat candidates and “it caught a number of our people,” he said.
Senate Commerce Committee Republicans remain optimistic that the Senate could approve this year the renomination of Republican FCC Commissioner Mike O’Rielly for a full term as commissioner, a GOP committee aide told us. Committee Chairman Jay Rockefeller, D-W.Va., told us earlier last week that Commerce may include O’Rielly in a Tuesday executive session off the Senate floor when considering nominees (see 1412040031), mentioning the possibility of pairing O’Rielly with a Democratic nominee. The White House renominated O’Rielly this fall for a full five-year term. “We do not expect another Commerce nominations hearing before Congress adjourns,” the aide said Thursday night. “Since O'Rielly's nomination has gone through the Committee already this Congress, we are hopeful that his re-nomination could still be reported or discharged from the Committee and moved on the floor next week.” Congress is expected to end its session Thursday.
The hearing that Sen. Claire McCaskill, D-Mo., had hoped to hold on pay-TV industry billing practices fell apart and won't happen this Congress, if ever, industry officials told us last week. No notice for such a Senate Commerce Committee hearing ever went out, and Congress is expected to recess Thursday. McCaskill had told us last week that she was struggling to nail down good witnesses (see 1412030047). The hearing originally was geared up for Dec. 10, with representatives from the American Cable Association and Consumers Union poised to testify. Commerce typically must send out a notice of forthcoming hearings by a week before, and no notice went out Wednesday, and officials first began hearing it was off that day. Senate Commerce Committee Chairman Jay Rockefeller, D-W.Va., also cast doubt then, saying it was a “high wish” on McCaskill’s part. McCaskill was seen as especially keen to hold the hearing now because Democrats won't be in power in the next Congress and such a hearing may not be in the cards then. McCaskill spokespeople didn't comment on the hearing or on what may happen in the next Congress when Democrats no longer control the agenda.
House Communications Subcommittee Vice Chairman Bob Latta, R-Ohio, scored a veteran Democratic co-sponsor backing his bill to prevent the FCC’s Communications Act Title II reclassification of broadband. Latta introduced HR-4752 in May, referred to the Communications Subcommittee. In June, Latta picked up one Republican co-sponsor, Rep. Randy Weber of Texas, and then last week picked up Rep. Charles Rangel, D-N.Y. The bill would prevent the Title II reclassification that the White House has backed in the FCC’s creation of net neutrality rules. A Rangel spokeswoman didn’t comment on the co-sponsorship. A Latta spokeswoman previously told us he plans to reintroduce this legislation next year.
House Commerce Committee leaders reiterated their commitment to draft Communications Act overhaul legislation next year, issuing a news release Thursday flagging the one-year mark since announcing the initiative. “Over the past year, the committee has sought and received thoughtful public and stakeholder feedback on a variety of issues to inform our work moving forward,” said Committee Chairman Fred Upton, R-Mich., and Communications Subcommittee Chairman Greg Walden, R-Ore., in a joint statement. “As that work continues, we will begin drafting legislation next year to update the law to better meet the dynamic needs of the 21st century.” The release described the committee’s white paper process to solicit feedback as well as a hearing involving former FCC chairmen.
Sen. Ron Wyden, D-Ore., and Rep. Zoe Lofgren, D-Calif., introduced legislation to prevent the federal government from mandating that tech companies build in what Wyden called, in a news release, “backdoors” for gathering private information. He attached a copy of the bill text. “This bill sends a message to leaders of those agencies to stop recklessly pushing for new ways to vacuum up Americans’ private information, and instead put that effort into rebuilding public trust,” Wyden said of the Secure Data Act, in a statement. Lofgren introduced a bill (HR-5800) that has a title outlining a similar intent.