House lawmakers sent the FCC a letter Thursday as expected (see 1605040068) with 60 signatures criticizing the set-top box NPRM. “We strongly urge you to press pause,” they told the FCC, citing uncertainty and the possible effects on small businesses. Reps. Kevin Cramer, R-N.D., Bob Latta, R-Ohio, Kurt Schrader, D-Ore., and Collin Peterson, D-Minn., led the letter. It prompted praise from the American Cable Association, as expected, and others. The letter, signed mostly by Republicans but also some Democrats, “sent a strong message to the FCC today to consider the threats to rural consumers and small companies before pressing ahead with a mandate requiring implementation of technology that does not yet exist,” said NTCA CEO Shirley Bloomfield. “The cost of implementing the commission’s set-top box proposal could devastate the video business in rural areas, where many consumers do not receive an over-the-air signal and many small, rural telcos already struggle mightily with the costs of delivering video services. Now that the commission has heard from a broad, bipartisan cross-section of elected officials on an array of concerns with the set-top box proposal, we hope the agency will heed these calls and reconsider the proposed rules.” WTA also lauded the message: “It’s not often you see content providers, distributors, economists, Republicans, and Democrats all aligned against a proposal from the FCC,” said WTA Vice President-Government Affairs Derrick Owens. The Future of TV Coalition, which opposes the NPRM, circulated the letter. “To date, more than 150 Members of Congress -- including nearly half of all House Democrats -- have expressed serious concerns with the proposed mandate,” Future of TV said. The lawmakers began circulating a letter draft and gaining backers last week (see 1604270063). The FCC has received and is reviewing the letter, a spokeswoman said.

A bipartisan group of House lawmakers will send a letter with more than 60 signatures to the FCC Thursday slamming the agency's set-top box NPRM, an aide to Rep. Kevin Cramer, R-N.D., told us. He is leading the letter along with Reps. Bob Latta, R-Ohio, Kurt Schrader, D-Ore., and Collin Peterson, D-Minn. “If the FCC wants to stifle innovation and competition, imposing another government mandate on cable operators is the way to do it,” Cramer said in a statement. “The FCC’s set-top box proposal fails to acknowledge that cable providers are already seeking new innovative technologies for their customers. In my state of North Dakota, small video operators do not have a team of lawyers whose sole purpose is to meet new FCC compliance standards. Instead of more unwieldy regulations, Chairman [Tom] Wheeler should focus on helping providers bring more competition into the video marketplace.” Lawmakers signing the letter include senior Commerce Committee Republicans Reps. Marsha Blackburn, R-Tenn., John Shimkus, R-Ill., and Mike Pompeo, R-Kan. They had circulated a draft version of a letter last week when trying to pick up backers (see 1604270063). That draft said the proposal “will jeopardize the incredible evolution of video distribution services enabled by generally reasonable regulation.” Wheeler has defended his NPRM, including in a recent private meeting with House Democrats. American Cable Association President Matt Polka lauded the lawmakers for "spearheading this effort and gathering support from their colleagues on both sides of the aisle to press the FCC to rethink its approach so it does not disrupt a vibrant market and negatively impact small and rural providers."

Several House lawmakers of both parties pressed or are poised to press the FCC on Chairman Tom Wheeler’s set-top box NPRM. Judiciary Committee Chairman Bob Goodlatte, R-Va., and ranking member John Conyers, D-Mich., sent a joint letter Friday to “express concern that the proposal could lead to an expansion in the unauthorized distribution of copyrighted works” and said content creators have “shared concerns” that under the NPRM, “future set-top boxes or their replacements could purposely be designed to distribute pirated content obtained from sources that primarily offer stolen content,” Goodlatte and Conyers said. “Creators are legitimately worried about the prospect that future set top boxes, or their functional equivalents, could incorporate apps such as Popcorn Time or its functionality, or otherwise lead to the unauthorized distribution of copyrighted works.” They will stay “watchful,” they told the FCC, also citing attention to any proposed rules for smaller or rural providers. Three Democrats -- Reps. Tony Cardenas of California, Adam Schiff of California and Gene Green of Texas -- are also preparing a letter on similar copyright concerns. They circulated a letter to colleagues Friday saying “you may have seen or heard suggestions that the content industry is supportive of the FCC’s proposed rule.” Wheeler defended the NPRM to the Democratic caucus Wednesday in a way that Rep. Yvette Clarke, D-N.Y., told us was one-sided (see 1604280071). “To the contrary, there are substantial concerns on the part of the content industry, including television, film, and music, regarding the impact of the proposed rule on copyright protections, existing licensing agreements, and the rights of content creators,” Cardenas, Green and Schiff told their colleagues. “These concerns are shared across the spectrum, including large studios and record labels, unions, and small and minority owned producers and broadcasters.” They're gathering signatures for a letter to the FCC saying it’s “essential for independent, peer-reviewed studies to be completed of current developments towards market-based solutions and of the potential costs and benefits of the proposed rules, including the impact of the proposed rules on diversity of programming, independent and minority television programming, content protection and consumer privacy,” the current draft said. The Democratic letter would tell the FCC to suspend further action until after those studies and congressional review. Another critical bipartisan letter in the works from Reps. Kevin Cramer, R-N.D., Bob Latta, R-Ohio, Kurt Schrader, D-Ore., and Collin Peterson, D-Minn., (see 1604270063) is up to 54 co-signers, Cramer aide Adam Jorde told us Monday. The deadline for signing was originally Friday, but it was extended until the end of Tuesday, Jorde said.

Use of computer hacking software or bots that get around security measures of online ticketing sites to buy up mass quantities of tickets and resell them at higher prices would be criminalized under House legislation introduced by Reps. Marsha Blackburn, R-Tenn., and Paul Tonko, D-N.Y. In a Friday news release, they said the Better Online Ticket Sales (Bots) Act also would make use of bots in this manner an unfair and deceptive practice under the FTC Act. Plus, the bill would create "a private right of action whereby parties harmed by bots can sue in federal court to recover damages," their statement said. The announcement came a day after New York Attorney General Eric Schneiderman proposed legislation to bolster the state's ban on using ticket bots (see 1604280040). "The entertainers go to great lengths to build relationships with their fans and ensure that they will have access to shows, but scalpers are decimating this experience," said Blackburn in the statement. "People ... shouldn’t be prohibited from buying a ticket online because a computer program beats them to the punch," added Tonko. Live Nation Entertainment, Pandora-Ticketfly, the Recording Academy and the Tennessee Sports and Entertainment Industry Coalition support the bill, the representatives said.

House Democratic Chief Deputy Whip Ron Kind of Wisconsin is “still concerned that certain issues have not been adequately addressed” on the FCC set-top box rulemaking, he told FCC Chairman Tom Wheeler in a Thursday letter. Kind, a leader on the moderate New Democrat Coalition, cited the importance to content providers of copyright protections and anti-piracy technology. “I urge you to ensure that the final rule adequately addresses this disparity in incentives and provides strong protection for content against piracy,” Kind said. On privacy concerns, Kind said: “It remains unclear how the FCC can ensure that device manufacturers actually comply with these obligations. Given that the FCC’s legal authority is limited, I urge you to clarify how these privacy obligations can be enforced, including addressing what recourse consumers have against third-party device manufacturers that violate their privacy obligations.”

Reps. Doug Collins, R-Ga., and Ted Deutch, D-Fla., led a letter to the FCC Friday on concerns about the copyright protections of the set-top box proposal. “Payments under our copyright licensing system enable these creators to continue their work, but if the FCC’s proposal fails the copyright and licensing system, it could undermine our creative ecosystem and have serious implications for the jobs of those who produce our film and television content,” Collins said in a statement. Deutch had similar concerns: “As a member of the Creative Rights Caucus and a co-chair of the House Songwriters Caucus, I understand how important it is to protect the millions of Americans who produce exceptional television, movies, and music as part of our nation’s creative community.” Twenty-one other lawmakers from both parties signed the letter.

The Senate Rules Committee scheduled Librarian of Congress nominee Carla Hayden’s confirmation hearing for Wednesday. President Barack Obama nominated Hayden, CEO of the Enoch Pratt Free Library system in Baltimore, in February (see 1602240054). Hayden would replace Deputy Librarian of Congress David Mao, who has been acting head since previous Librarian of Congress James Billington retired in September. Stakeholders have said Hayden is largely a blank slate on copyright issues but praised her experience with pushing for major library modernizations, given the Library of Congress’ IT issues (see 1603080063). The hearing is to begin at 2:15 p.m. in 301 Russell, Senate Rules said.

Time Warner Cable CEO Rob Marcus signed on to a Human Rights Campaign open letter to Missouri House Speaker Todd Richardson in opposition to Senate Joint Resolution 39, which would prohibit the state from penalizing individuals or religious entities that refuse to take part in same-sex marriage ceremonies or provide goods or services for a same-sex marriage celebration, due to religious beliefs. In a blog post Wednesday, Marcus said, "Legislation like Missouri’s SJR39 and North Carolina’s HB2 are clearly bad for business, serving as a barrier to attracting and retaining the best talent and discouraging customers and potential customers from living and doing business in our markets. But equally importantly, this troubling trend of laws runs counter to our core values of diversity and inclusion." Also among those signing the letter were Brocade Communications Systems CEO Lloyd Carney, Bloomberg Chairman Peter Grauer and CTA CEO Gary Shapiro. Many other tech company leaders also signed the letter, and such companies have opposed actions in other states, saying they infringe on the rights of those who aren't heterosexual (see 1603240022).

Preston Padden, former executive director of the Expanding Opportunities for Broadcasters Coalition, dismissed the idea that it’s any surprise that the broadcast TV incentive auction could extend into FY 2017. “The FCC fiscal year begins October 1,” Padden said in a statement Wednesday, responding to comments from FCC Chairman Tom Wheeler before Senate appropriators the previous day (see 1604050062). “It is not surprising that the Incentive Auction still could be in progress.”

House Democrats began convening roundtables this week as part of their Innovation Agenda 2.0 initiative, led by Minority Leader Nancy Pelosi, D-Calif., and Communications Subcommittee ranking member Anna Eshoo, D-Calif. (see 1601260060). The initiative revives a decade-old set of policy goals and includes broadband deployment objectives. Colorado State University’s Energy Institute tweeted Tuesday that Eshoo and Rep. Jared Polis, D-Colo., are “hosting an Innovation Agenda 2.0 roundtable meeting” at the institute that day, releasing a photo of the lawmakers present at a roundtable. Meanwhile, IPC-Association Connecting Electronics Industries Vice President-Government Relations John Hasselmann tweeted Tuesday that he was joining Rep. Mike Honda, D-Calif., “for a roundtable discussion on the Innovation Agenda 2.0 & how the #government can support advanced #manufacturing.” In another tweet, Hasselmann released a photo of himself and Honda visiting Bay Area Circuits at a manufacturing facility in Fremont, California. IPC issued a news release calling it “part of a nationwide effort to educate policymakers about legislative and regulatory issues that affect the electronics manufacturing industry.” None of the three lawmakers issued news releases about the roundtables, and a Pelosi spokeswoman didn’t comment on any roundtable schedule.