Thune Ready to Blast Wheeler 'Highly Partisan Agenda,' Eyeing 3 Big Proceedings Amid Industry Letters

“The focus is probably going to be on the three docket issues that they’re dealing with, one being privacy, two being set-top box and [three] business data services,” Thune told us. “I think our members are going to want to know how those are going and what his plan is with respect to those three issues. And I would guess just general other oversight stuff, maybe some of the transparency issues.”

A focus of Thune’s July speech was agency transparency and Wheeler’s apparent refusal to tell Thune whether he authorized leaks of nonpublic information earlier in the year. He hasn't decided whether to ask Wheeler whether he’s committed to stepping down at the end of the Obama administration, as he has asked before. Wheeler’s lack of commitment has caused GOP holds on the reconfirmation of Commissioner Jessica Rosenworcel, which in turn led to gridlock of telecom legislation in the Senate. “It’s kind of close enough to the end now. I’ve chatted with him offline on that subject. I don’t know," Thune said. "I haven’t thought about whether I’ll ask him at the hearing tomorrow.” He said he suspects Rosenworcel will be asked to address the set-top box item among the other issues.

“Speaking before the Senate Commerce Committee tomorrow, Chairman Wheeler will deliver a reminder that ‘there’s no letting up’ on the Commission’s work in the coming fall months," an agency spokeswoman told us. "In his prepared testimony, expect the Chairman to recap the major developments since his last appearance in front of the committee: incentive auction status, steps to unleash ultra-high-speed, high-capacity 5G wireless service, business data service and robocalls, among others. He’ll also tee-up his consumer-first proposal to reform the set-top box marketplace to be voted on by the FCC in two weeks. Finally, expect Chairman Wheeler to discuss what’s on deck, including next-gen 911 and network cybersecurity."

Thune and Wheeler met Tuesday, a GOP committee aide confirmed. An industry official told us Wheeler was on the Senate side of the Capitol Wednesday, with an eye toward meeting with Commerce Committee ranking member Bill Nelson, D-Fla. The FCC and Capitol Hill spokespeople didn’t confirm any Wednesday meetings. Sen. Joe Manchin, D-W.Va., a member of Commerce, told us Wednesday he hadn't met with Wheeler.

“Stay tuned,” Nelson told us when asked about the hearing. He previously was a critic of the set-top NPRM but he and his spokesman haven’t commented on the order under circulation now. “The hearing was called by Thune,” Nelson told reporters last week.

"Since Chairman Wheeler assumed his post, this agency has too often pursued a highly partisan agenda that appears driven by ideological beliefs more than by a sober reading of the law,” Thune plans to say in his opening statement. “A free and open Internet, universal broadband access for all Americans, innovative offerings for pay-TV customers, and necessary privacy protections all have broad, bipartisan support. So why does the current FCC continually offer divisive policies at the expense of certainty for consumers and innovators that only bipartisan solutions can offer?"

The GOP memo for the hearing also said the three big proceedings Thune named would be the focus of the hearing. The four-page memo included sections on FCC reauthorization and the broadcast TV incentive auction, too. “The FCC has been operating with an expired fiscal authorization for 25 years, which represents the oldest expired authorization of any department, agency, or program within the Committee’s jurisdiction,” the memo said. Thune cleared the bipartisan FCC Reauthorization Act earlier this year but it has yet to move on the floor.

Groups sent letters to the committee ahead of the hearing, set for 10 a.m. in 253 Russell. The Parents Television Council urged the senators to ask two questions: “In March 2015, WDJB-TV was fined for violating the broadcast indecency law. What is the status of this ruling? ... The TV Content Ratings System has failed to protect children from harmful adult content such as sex, violence and profanity. What steps are you taking to ensure that the system becomes accurate, consistent, transparent, and accountable to the public?”

ISP associations, including the American Cable Association, CTIA, NCTA and USTelecom, joined for a letter to outline problems with the FCC ISP privacy approach. “A departure from this approach, as reflected in the FCC’s proposed rules, would be radical and undermine the dynamic Internet economy,” they said.

The Directors Guild of America and International Alliance of Theatrical Stage Employees wrote senators “to express our opposition to FCC Chairman Wheeler’s current set-top box proposal,” they said in a letter. “We cannot support a proposal that in reality threatens to undermine the economic foundation of our industry and with it our members’ ability to make a living from the copyrighted TV and films they work on.”