Senate to Confront Hot Telecom Issues in Wed. Markup
Senate Commerce Committee Chmn. Stevens doesn’t yet have the 60 votes needed to end debate and set up a vote on the telecom bill (S-2686) on the Senate floor, he told reporters after markup Tues. Senate leadership has “no great interest” in the bill while the debate continues as it has, he said. His comments came after a day-long session in a markup that began last week. Key issues remain to be tackled, but the bill is expected to pass out of the committee.
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As members worked through several sections of the bill, they put off the most controversial issues: net neutrality and preemption of state laws for VoIP and wireless, left until today (Wed.). Sen. McCain (R-Ariz.) is expected to attend to offer his a la carte amendment, according to a staffer.
To speed markup progress, several senators agreed to withdraw controversial amendments but vowed to offer them on the floor. Sen. Boxer (D-Cal.), for example, said she plans to offer an amendment on electronic surveillance of phone records but held off to avoid holding up the telecom bill. “Thank you very much,” Stevens said.
Markup included a 45-min. argument over preemption of state laws for the VoIP industry, with members ultimately voting against Sen. Dorgan’s (D-N.D.) amendment that would have taken away the preemption provision.
“This is a major decision. I plan to vote with Sen. Dorgan,” Sen. Pryor (D-Ark.) said, voicing concern that a preemption decision could harm rural areas. Stevens felt differently. “In preemption, we're trying to make sure that VoIP can get started,” he said, challenging Pryor’s claim that preemption could “cause a hardship in rural areas and harness innovations.” Dorgan’s amendment was defeated 15-7.
NTCA praised Dorgan for his efforts on the amendment and for raising committee awareness of the issue. ITI said it backs the bill’s existing language, called the vote against the Dorgan amendment a significant success.
The committee unanimously adopted a manager’s package incorporating 16 amendments affecting 4 sections of the bill, making substantive as well as technical changes. Under Title III’s franchise reform section, an amendment would give cities 90 days instead of 75 to review franchise applications. Cities also could charge franchise fees atop other fees the cities pay -- termed “fee on a fee.” The amendment also makes clear that AT&T’s video service is subject to franchising.
Stevens has built support among municipalities initially strongly against the bill’s franchising provisions. But the latest drafts meet many concerns the groups have expressed, and Stevens released a letter during markup in which cities and local govts. said they wouldn’t oppose the legislation as they did the House bill (HR-5252).
“We are not opposing what we understand to be your ‘Manager’s Mark’ to S-2686, although we feel it can still be improved,” said the letter from the U.S. Conference of Mayors, National League of Cities, National Assn. of Counties and NATOA. The groups said they didn’t support the House bill (HR-5252), but hoped for a buildout amendment in the Senate.
Stevens also agreed to accept a buildout amendment offered by Sen. Boxer (D-Cal.) that would require video service providers to reveal geographic boundaries within which they intend to offer service. The providers also would have to certify that notices are accurate and correct. It was adopted over initial objections by Ensign, who called it a “buildout light” amendment.
The committee adopted amendments offered by Sen. Inouye (D-Hawaii) that would: (1) Restore the equal opportunity enforcement authority of states and franchising authorities; (2) restate the ban on state regulation of direct broadcast satellite services. It adopted an amendment by Dorgan that would require the FCC to submit its new USF contribution rules to the Congress.
The committee turned away 14-8 an amendment offered by Dorgan that would have let states attach conditions to cable sales. The committee defeated 15-7 another amendment offered by Dorgan that would have struck the language of Sen. Sununu’s (R-R.I.) amendment regarding privacy and child pornography.