Thune Expands FCC Reauthorization Bill To Include Spoofing Prevention, Kari's Law Acts

Commerce staffers have “been open to including provisions that do not change the underlying consensus behind” the FCC Reauthorization Act, a spokesman for Thune told us Monday of the additional sections.

The latest FCC Reauthorization Act substitute amendment text, at 19 pages, is longer than the nine-page version Thune introduced last month. Last year Thune originally floated a much longer version of the text that incorporated provisions of the FCC Process Reform Act (S-421), but this year, he cut it down to try to find consensus with committee Democrats. It would still make some changes to telecom law, such as codifying FCC commissioner terms, compelling a GAO study on FCC regulatory fee fairness and allowing spectrum auction deposits to be delivered directly to the Treasury. The FCC hasn’t been authorized since 1990. Thune had placed S-2644 on a March markup agenda originally but removed it ahead of that session. He told us then that he was eyeing a springtime markup for the Spoofing Prevention Act -- a priority bill for Commerce Committee ranking member Bill Nelson, D-Fla., a co-sponsor, and introduced by Sen. Deb Fischer, R-Neb. -- to keep a narrower focus on FCC reauthorization (see 1603100049).

Kari’s Law Act, which would require multiline telephone systems to have a default configuration for direct 911 dialing, may be now poised for both chambers’ floor consideration by week’s end. The House Commerce Committee is also voting on its version of Kari’s Law Act (HR-4167) at a markup session spanning Tuesday through Thursday this week. House Democrats have expressed support, but last week Communications Subcommittee ranking member Anna Eshoo, D-Calif., offered and withdrew a subcommittee markup amendment on location accuracy and said she wants to keep working with Republicans on that issue (see 1604190053). Sen. Amy Klobuchar, D-Minn., introduced the bill’s Senate version Feb. 11 and has four co-sponsors: Fischer, Brian Schatz, D-Hawaii, John Cornyn, R-Texas, and Ted Cruz, R-Texas. Klobuchar’s office worked closely with Thune, Nelson and the other co-sponsors to secure this language in the Thune substitute, a Democratic Senate staffer told us. Commissioner Ajit Pai frequently touts this issue and has lauded this legislation.

House Republicans said last month they hope to move an FCC reauthorization bill but wouldn't comment on timing. “I don’t know for sure what they’re going to do,” Thune told us of House coordination on FCC reauthorization. Thune’s familiar with their conversation and knows they're “interested in what we’re doing,” he said in an interview. “We think it’s time to do this. And past time to do it.” A House Commerce Committee GOP spokesman didn’t comment Monday.

“Despite the evolution in communications networks, services, and technologies over the last 25 years, there has not been a single enacted reauthorization of the FCC in that time,” said a GOP staff memo dated Friday. It said Commissioners Pai, Mike O’Rielly and Jessica Rosenworcel at a March 2 Senate Commerce hearing “all agreed that ‘a consistent legislative reauthorization process would produce a more responsible and productive relationship between the FCC and the Congress.’ S. 2644 is the first step in producing that more responsible and productive relationship.”

Also on deck is the FCC Process Reform Act, now a stand-alone GOP measure apart from FCC reauthorization. Sponsor Sen. Dean Heller, R-Nev., told us last week Democrats object to some of the cost-benefit analysis sections of the legislation (see 1604210057). One Senate staffer told us Monday the FCC Process Reform Act will provoke partisan and contentious debate. The staffer expected many amendments and very few Democrats voting in favor of the proposal. A Nelson spokesman didn’t comment on any of the measures for the Wednesday markup.

A different GOP staff memo, also dated Friday, defended the FCC Process Reform Act. “While the current FCC Chairman has sought reforms as recommended by a 2014 staff working group at the Commission, these reforms do not address systemic issues with procedural transparency for stakeholders and the American public,” that memo said. “For example, the public’s inability to review a proposed Commission order in advance of its consideration diminishes the public’s opportunity to meaningfully participate or provide input about the impact of that particular action. Additionally, the FCC has issued more rules between 2007 and 2012 than any other independent agency, yet the Commission does not apply performance measures to existing programs or conduct cost-benefit analyses before adopting new rules. This lack of analysis and measurement, leaves both the Commission and the public uninformed about whether a new or existing rule is effective or objectively in the public interest.”