Revised FCC Reauthorization Act Seen Likely to Get Bipartisan Support at Wednesday Markup

A Tuesday manager’s amendment revising text of the FCC Reauthorization Act likely paves the way for the bill's bipartisan advancement during a Wednesday House Communications Subcommittee markup, industry lobbyists told us. The bill, by House Communications Chairman Marsha Blackburn, R-Tenn., had drawn Democrats’ criticism during a July House Commerce Committee FCC oversight hearing (see 1707250059). Recently, work appeared to be progressing more slowly than expected and some expressed concern there weren't consultations aimed at compromise (see 1709220055). The markup is to begin at 1 p.m. in 2123 Rayburn.

The revised text deletes several provisions that drew House Commerce Democrats’ ire. Absent is language that would ax the media cross-ownership ban, as is language that would codify into law FCC Chairman Ajit Pai’s proposal to create an Economics and Data Office. Blackburn’s amendment eliminates four provisions originally included in the FCC Process Reform Act (HR-290) that she had put in her draft bill, including provisions to codify Pai’s pilot projects to publish draft agenda items three weeks before commissioners' meetings and to make public items on circulation (see 1702020051). Other eliminated provisions originally included in HR-290 would have required the FCC to publish and describe any items adopted under delegated authority within 48 hours and to include a cost-benefit analysis in every NPRM that might have an economically significant impact.

Blackburn’s amendment adds in language from several other bills, including the Amateur Radio Parity Act (HR-555) and four telecom-related bills -- FCC Consolidated Reporting Act (S-174), Improving Rural Call Quality and Reliability Act (S-96), Kari’s Law Act (S-123) and Spoofing Prevention Act (S-134) -- that the Senate passed in August as part of a deal to confirm Commissioners Brendan Carr and Jessica Rosenworcel (see 1708030060). Language from HR-555 would direct the FCC to extend its rule on reasonable accommodation of amateur service communications to include private land use restrictions. The House cleared HR-555 in January (see 1701230071), but the Senate Commerce Committee postponed a markup earlier this month of Senate companion S-1534 (see 1710040063).

The new text includes the Improving Broadband Access for Veterans Act (HR-3995/S-1950), Interagency Cybersecurity Cooperation Act (HR-1340), Rural Wireless Access Act (S-1621), Securing Access to Networks in Disasters (Sandy) Act (HR-588/S-102) and text from the 2016 Requesting Emergency Services and Providing Origination Notification Systems Everywhere (Response) Act. The House and Senate both cleared versions of the Sandy Act this year (see 1605240057 and 1709120035), but House Commerce ranking member Frank Pallone, D-N.J., was gearing up to seek renewed action on the bill in recent weeks in response to the damage to U.S. communications networks caused by Hurricanes Harvey, Irma and Maria, a Democratic telecom lobbyist said. Rep. Anna Eshoo, D-Calif., filed the Response Act to require the FCC to hold a proceeding mandating multiline phone systems give precise locations of 911 callers (see 1605130050). Rep. Jerry McNerney, D-Calif., filed HR-3995 Tuesday shortly before Blackburn filed the manager’s amendment.

It's not clear whether Blackburn's amendment represents a true deal with Democrats, though staffers "had been talking" about areas where compromise was possible in recent days, a GOP telecom lobbyist said. House Commerce released the manager’s amendment Tuesday afternoon, but there was likely a “lot of leg work to get them there today.” Blackburn may be aiming to keep additional amendments at the Wednesday markup to an absolute minimum, a Democratic lobbyist said. The inclusion of so many additional bills’ language in Blackburn’s amendment appears to be a “catch all” aimed at getting reorganization legislation out of House Communications, at which point lawmakers can “keep negotiating it and try to whittle it down further” before full House Commerce consideration, a GOP lobbyist said.

House Commerce leaders are "really pushing for regular order” in committee proceedings, so it “makes sense that they’re trying to make deals for a bipartisan” compromise, said American Action Forum Director-Technology and Innovation Policy Will Rinehart. He cited the media cross-ownership language as “one of the big sticking points” for Democrats. “A lot of the things that were included” in Blackburn’s original draft “weren’t especially controversial,” so excising the cross-ownership text may be the most important change, he said.