Little STELA Talk From Lawmakers at NAB Conference; Emphasis Elsewhere

Senate Commerce Committee Chairman Roger Wicker, R-Miss., and other lawmakers highlighted a range of communications policy issues they see as affecting broadcasters, including the FCC's 2018 quadrennial review proceeding on media ownership rules, during a Tuesday NAB conference. But none offered clear insight into their thinking on a major focus of broadcasters' 2019 policy interest -- the debate over Satellite Television Extension and Localism Act reauthorization (see 1812280025). STELA is expected to be a top 2019 telecom policy priority for the House and Senate Commerce committees (see 1812060050). The Judiciary committees also are expected to be active in deciding whether and how to reauthorize the law.

NAB has been reinforcing its call for Congress to let STELA expire at year's end, ahead of state-level broadcasters' lobbying of Capitol Hill on their policy priorities. The group first outlined its position in October (see 1810090045). “Satellite companies use this law as an excuse to deny viewers their local TV channels, instead importing TV signals from outside of the community,” NAB said in advertisements.

Sen. Amy Klobuchar, D-Minn., cited the recertification debate. “My commitment to all of you is that I will stand up for strong radio and broadcasters, as I have done for the last decade,” she told NAB members. Klobuchar, a member of Commerce and Judiciary, didn't elaborate on her STELA stance when later asked by reporters. A spokesperson didn't comment.

Wicker didn't mention STELA by name but referenced the FCC “media modernization initiative” to revamp what it views as outdated industry-related rules. Senate Commerce is likely to conduct oversight on FCC media work but might not need to address it via legislation, he said. The committee “is aware of proposals” to reauthorize STELA “by the end of 2019 and plans to hold hearings to examine the media marketplace,” a spokesperson said.

Further House Communications Subcommittee hearings or other discussions about STELA aren't “going to happen right away, but I think it's on our list of things to do,” Chairman Mike Doyle, D-Pa., told reporters Monday. The subcommittee waded into the reauthorization debate during a September hearing (see 1809270062).

Wicker said several other Senate Commerce priorities require input from broadcasters, including ensuring U.S. dominance in developing 5G technology and ongoing work on privacy legislation. Senate Commerce “can forge a bipartisan compromise” on legislation on those issues despite ongoing partisan rancor on the Hill on other matters, Wicker said. He said many broadcasters' use of apps to supplement their services is a reason “you want us to win the race” to 5G. “We're going to need your help,” though the U.S. may be able to win “without passing a bill,” Wicker said. But “China is out to eat our lunch.”

Wicker encouraged broadcasters to participate in Senate Commerce's work on privacy legislation “if it affects you,” including on the ability of Nielsen and others to collect audience data used to calculate ad rates. “Tell us if it's a must,” or if broadcasters would prefer “a 50-state patchwork” of state-level privacy laws or compliance with Europe's general data protection regulation, he said. Senate Commerce is set to collect input on legislation Wednesday from a panel of mostly industry witnesses (see 1902220041). The House Commerce Committee held its own privacy hearing Tuesday (see 1902260062).

Klobuchar said she's “continuing to push” her Honest Ads Act and is searching for a Republican co-sponsor for the legislation to replace Arizona's John McCain, who died last year. “I would like to have this be a bipartisan bill” again this Congress, she said. The bill, first filed in 2017 (see 1710190054), would regulate online political ads using the same rules as those for TV, radio and satellite TV. Klobuchar also touted Congress' move to provide additional broadcast incentive auction spectrum repack funding via the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum statute included in the FY 2018 federal spending law (see 1803230038).

Rep. Ben Ray Lujan, D-N.M., said he will refile his Protecting Dissenting Viewpoints and Voices Act “in the coming weeks” amid continued attacks on the media. The bill, which Lujan filed in 2017, would prevent the FCC from seeking reprisal against broadcasters or others based on their viewpoint (see 1703170064). “Our democracy does not work without debate, without disagreement, and without the continued search for truth,” he said. “And it would not work without a robust press. That is why we need to be vigilant. We can’t be intimidated. And together, we must fight back against those who threaten this sacred right.”

FCC Commissioner Mike O'Rielly touted the quadrennial review process, saying “the media landscape is rapidly evolving, and it’s time for the regulatory backdrop to get an update as well.” FCC action to “jettison its myopic vision” of the media market “will allow, and actually drive” the commission “to recognize the existing level of diverse competition when considering a host of other regulatory -- and hopefully deregulatory – actions,” he said. “It should alter how you are fundamentally viewed by advertisers, investors, competitors, consumers, and everyone in between, and even how [the FCC] is structured.”