Lawmakers Dash to Pass Call Completion Legislation, But Senate Stall Possible

“It depends a little bit on if the Reid hold kind of is across the board on anything coming up, which I hope it isn’t because we have a lot of stuff that we think has broad, bipartisan support,” Senate Commerce Committee Chairman John Thune, R-S.D., told reporters Wednesday. “The call completion bill with Senator Klobuchar, the FCC reauthorization, and of course Mobile Now, which is something we’re really interested in. But so far Reid is kind of blocking consideration of any of those. We’ll continue to try to hotline some of those bills and see if we make any headway, but my guess is all of this stuff gets tied up in whatever the year-end negotiation is. I suspect that nominees and unfinished legislation probably get freed up when we get past the election. Right now, everything has gotten very politicized, Democrats are offering very little cooperation and they’re pretty much blocking all of the bills coming out of our committee.”

Reid’s office hasn't specified the extent of the measures he may block due to his Rosenworcel reconfirmation concerns, creating much uncertainty, a Republican Senate staffer said. There are indications Reid’s intentions to block could be very broad, the staffer said. Reid’s office didn’t comment Wednesday. The only hotlined bill known to face Democratic holds currently is Mobile Now (S-2555) but Thune said he expects similar holds to stall the FCC Reauthorization Act and possibly more (see 1607010047). The Congressional Budget Office hasn't scored the call completion measure.

The House Communications Subcommittee plans a legislative hearing on its chamber’s version of the call completion measure 2 p.m. Thursday in 2322 Rayburn, and a GOP committee aide reaffirmed Wednesday that House Commerce wants to move the measure by month’s end. House lawmakers will consider an amendment in the nature of a substitute “identical” to the modified version that the Senate Commerce Committee unanimously approved during a June markup (see 1606290067), the Democratic staff hearing memo said. The substitute, part of a compromise between Klobuchar and Thune, extends “deadlines for service quality standards for intermediate providers from 180 days to one year; Exempts intermediate providers that have been certified as a safe harbor provider; and Amends the definition of intermediate provider,” the House Democratic memo said. House Commerce Republicans posted the text.

HR-2566, “as amended by the text we are considering today, will be a significant step forward in the fight to ensure that rural customers get high-quality voice service,” House Communications Subcommittee Chairman Greg Walden, R-Ore., plans to say in his opening statement. “By requiring the network providers in the middle to adhere to service standards, we greatly improve the likelihood that calls are delivered to where they are supposed to go.” He was unsure on specific timing this month. “I don’t know how quick that’ll move,” Walden told us Tuesday, citing a need to meet with staff on timing upon return from the seven-week recess. “I don’t want to commit on [legislation] yet because we haven’t gotten back together since the break.”

Rep. David Young, R-Iowa, who isn't a Commerce member, introduced the House measure in May 2015 and has 13 co-sponsors, seven Democrats and six Republicans. Klobuchar didn’t have Republican co-sponsors when Senate Commerce cleared S-827; Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, and Sen. Joni Ernst, R-Iowa, joined as co-sponsors in July.

“The schedule over the next few weeks is going to be busy and that ultimately will impact which bills are considered by the full House, but we’re optimistic this bipartisan bill will continue to progress, for rural connectivity concerns folks in Iowa and numerous communities across the country,” Young’s spokeswoman said. “Republicans and Democrats alike support Congressman Young’s bill, including members of the House Energy and Commerce Committee.”

Senators are hopeful, they said. Klobuchar “remains committed to seeing the bill signed into law this year,” an aide told us Wednesday. She's pleased with the substitute amendment that House lawmakers are taking up, the aide said, stressing the importance of the issue to Minnesotans and in rural areas everywhere.

Any movement of bills, including this one, near the end of the year will depend on “what the dynamics are at the election,” which party wins the White House and the congressional chambers, Thune said. “Those will probably play pretty heavily. What Wheeler does could. … We’ve got stuff in the telecom area we’d like to get across the finish line before the end of the year.” One source of GOP holds on Rosenworcel’s reconfirmation is a lack of commitment from FCC Chairman Tom Wheeler to step down at the end of the Obama administration, Thune has said for months. He noted Wednesday he asked Wheeler about such a departure commitment during hearings. “He’s been very evasive in responding,” Thune added, saying such a commitment would help free up Rosenworcel’s renomination. Wheeler is testifying before Senate Commerce Sept. 15 during an oversight hearing.

McClure Telephone President Lance Miller and Dakin Farm General Manager Eric LeBeau plan to tell House lawmakers about their call completion struggles during Thursday’s hearing. The legislation is a “narrowly targeted bill” that takes multiple “important steps to address the ongoing call completion problem,” Miller will testify on behalf of NTCA. “We hope that such targeted measures will help to overcome the call completion problems that continue to threaten the quality of life, economic development, and safety of rural Americans.”

Call completion problems plagued Dakin Farm since 2010, LeBeau will say: “Some customers would report that they tried calling us many times over and the phone would just ring and ring.” Other backers of the legislation include NARUC and WTA, which aren't testifying.

“I’ve heard from my constituents about this issue, and I know many of the other members of the subcommittee have as well,” Walden plans to say. “Subcommittee Vice Chairman [Bob] Latta [R-Ohio,] and the Rural Telecom Working Group have looked at the problem, letters have been written, resolutions introduced. The FCC also has tried to mitigate the problem by requiring more extensive data collection and reporting and sanctioning those who are responsible for the call completion issues. Yet the problem persists, which is why it is time for Congress to act.”