FCC Reauthorization Bill on Hold Without Bipartisan Backing, Lobbyists Say

Thune has sought Democratic buy-in, which hasn't happened and may not be imminent, lobbyists believe. There is little urgency from the office of Senate Commerce Committee ranking member Bill Nelson, D-Fla., telecom industry lobbyists said, citing different factors at work causing a slowdown, including net neutrality. But they say plenty of good will remains between GOP and Democratic staffers at the top levels of the Commerce Committee and that FCC reauthorization may still move in the months ahead. Politics are likely causing this reluctance from Nelson, one telecom lobbyist argued, saying that some Democrats on the committee may be less than thrilled with Nelson working with Thune on net neutrality legislation in addition to FCC reauthorization legislation. Some Democrats may see these measures as a collective assault on the FCC, the lobbyist said. Nelson is still getting his sea legs as ranking member and may not feel any rush to expose himself to attacks, the lobbyist remarked.

In late June, Nelson told us he expected to resolve concerns on the FCC reauthorization bill and that he could envision a markup as soon as July (see 1506300050). Democrats then worried about provisions of the Thune draft involving economically significant rulemakings at the FCC. Thune told us in early July that Republicans were “ready to go” on FCC reauthorization and that concerns from Democrats were being “finessed” in negotiation (see 1507080048).

Nelson’s stance seems to have shifted over time, a different telecom industry lobbyist said. Earlier this summer, Nelson staffers seemed open to negotiating on FCC reauthorization, but that negotiation has paused, the lobbyist said, creating a holding pattern and many unknowns about what Nelson needs to move forward on reauthorization. The House is waiting on the Senate on this front, the lobbyist added. Lobbyists were mixed on whether Thune will eventually introduce FCC reauthorization on his own but generally agreed he would prefer to work with Nelson. One said that there are other distracting factors, like potentially upcoming Senate hearings on video and spectrum policy (see 1509090047).

Democrats haven't walked away from FCC reauthorization negotiation, a media industry official insisted. But a combination of factors -- from net neutrality legislative negotiation to spectrum legislation and staffing stretched thin -- created logistical difficulties, and Democratic staff have asked Thune to delay consideration of FCC reauthorization, which Thune staffers have accepted, that official said, predicting the legislation will re-emerge later this fall. There is no impasse given ongoing staff dialogue about bipartisan net neutrality legislation, the official added. Senators from both parties expected such net neutrality negotiation to continue into fall (see 1508120049). The media official also mentioned the Senate’s other larger distracting issues, such as preventing a government shutdown, that detract from its energy on these telecom issues.

“Chairman Thune and the Commerce Committee take a long view on the important effort of updating FCC authorities through a reauthorization bill,” a committee spokesman for Thune told us. The spokesman said that Commerce “will continue efforts to find common ground on multiple technology policy priorities this Congress.” Nelson spokespeople didn't respond to multiple requests for comment.

The FCC reauthorization bill would likely be the vehicle for much of the agency process overhaul that Republicans have long wanted, codified in this Congress and recent Congresses in the FCC Process Reform Act and the FCC Consolidated Reporting Act.

Heller backs consolidating process overhaul provisions with FCC reauthorization. “The lack of clarity at the Commission and the onerous regulations coming out of this agency at this time are stifling possibilities around our economy, jobs, innovation, and global competitiveness,” a spokesman for Heller emailed us Monday. “That’s why Senator Heller introduced legislation addressing FCC Process Reform provisions and believes it is appropriate that they be included in any FCC Reauthorization bill this Committee may do. Senator Heller’s bill is common sense -- it’s about more transparency and clarity for consumers, industry, and the American public. That’s exactly the reason behind his continuing push for reform at the Commission through every available avenue.”

“One of the things that has been languishing for a little while but I hope moves soon is process reform,” FCC Commissioner Ajit Pai said in a recent interview. “The House of Representatives in the last session passed the Consolidated Reporting Act and the FCC Process Reform on a bipartisan basis, an overwhelming majority, and that’s something I hope the Senate acts on as well. Substance aside, I think there are ways the agency can be more responsive, and these two bills would really help us in that regard.”

“We’re very committed to improving their processes there,” House Communications Subcommittee Chairman Greg Walden, R-Ore., told us earlier this month, declining to say when or if the FCC Process Reform Act may advance to a floor vote soon. “That has not gone off our radar.”

Thune has yet to announce any markup sessions for the few remaining days of September or for October. Commerce held a markup for a single transportation funding bill in July and hasn't marked up telecom legislation since its late-June session.