Senate Commerce Committee Passes DTV Bill 19-3

In a collegial forum, the bill drew only 2 proposed amendments other than those in Commerce Chmn. Steven’s manager’s package, which combines amendments from committee members representing bipartisan agreements. The panel voted unanimously to report out 2 other bills: One to establish a national emergency alert system and a measure that would require disclaimers on prepackaged video reports produced by federal agencies.

Asked if the markup’s speed surprised him - it took 2 hours, not the marathon committee members anticipated last week, Stevens said: “You've seen the first product of a bipartisan committee working through the problems and coming to an almost unanimous decision… I think this is the way we're going to run this committee.” Stevens’ proposals drew minimal opposition from Democrats, with Sens. Rockefeller (D-W. Va.), Boxer (D-Cal.) and Kerry (D-Mass.) voting against them. Steven’s manager’s package included $200 million for a program to convert low-power TV stations and TV translator stations from analog to digital, $250 million to implement E-911 grants, $200 million for a program to aid coastal states and Indian tribes affected by hurricanes and other disasters. The $1.2 billion emergency communications provision would set aside $1 billion for an interoperability fund and $250 million to implement a national emergency alert system, of which $50 million would be used for tsunami warnings.

A draft of the bill stirred fierce debate when circulated Fri. (CD Oct 17 p1), plus a flurry of proposed amendments that Stevens spent much of this week deflecting. The Senate “Byrd rule” bars reconciliation bills from including non-funding provisions, and Stevens was intent on abiding by the parliamentarian’s interpretation of what would be germane for the DTV measure. Compromises were forged. In many instances, he persuaded members to hold their amendments until the bill reaches the Senate floor, as with a multicasting amendment Sens. Hutchison (R-Tex.) and Lott (R-Miss.) told NAB they would sponsor, an industry source said.

Stevens couldn’t keep Sen. McCain (R-Ariz.) from offering an amendment to advance the hard transition date to April 7, 2007. It failed 17-5 despite McCain’s arguments that first responders need the earlier date to get spectrum for public safety use. Stevens said he plans to introduce an amendment to the reconciliation bill when it’s on the floor to borrow money the bill raised to give to first responders. He said CBO told him McCain’s proposed date would keep the panel from raising the $4.8 billion it’s required to have in the bill that goes to the Budget Committee. McCain’s amendment was supported by Rockefeller, who voiced concern that the money might not be available when the bill goes to the floor: “I'm worried that this is money that we're talking about and will never see.” Kerry also backed the amendment: “It doesn’t make sense to have budget policy to take precedence over homeland security - we've waited too long already.” But Stevens was adamant that CBO’s lower estimates of revenue generation would render the McCain amendment destructive to the committee’s goals. McCain’s amendment failed 5-17, with Sens. Rockefeller, Kerry, Sununu (R-N.H.) and Ensign (R-Nev.) voting in favor, along with McCain.

The committee approved an amendment offered by Sen. Burns (D-Mont.) to set aside $75 million in auction proceeds, to be available over a 5-year period, for the Essential Air Service program, which guarantees small communities minimal air service. The amendment didn’t conflict with the Byrd rule, but raised objections from panel members wanting to divert money to homeland security projects or deficit reduction. Sen. Dorgan (D-N.D.) said given a choice he would have offered an amendment on universal service fund reform. Sen. Nelson (D-Fla.), acknowledging the Byrd rule would bar it, said he'd like to propose a comprehensive public education campaign on the digital transition: “At some point we're going to have face the music on education outreach effort, but we'll address that later.” Stevens said many members bowed to the Byrd rule, shelving issues they otherwise might have raised. He said he expects some such amendments to come up when the bill hits the Senate floor after the Senate Budget Committee moves its bill.

The video news release bill, sponsored by Sen. Lautenberg (D-N.J.), included an amendment from Stevens that would exempt materials on govt. intelligence work. The bill passed with no discussion. The emergency alert bill (S-1753) would set up a national system to alert communities across a range of media such as cell phones, digital, analog, cable and satellite TV and non-traditional media such as sirens and “radios on a stick.” - Anne Veigle