Doyle Commits to 'Protect the Gains' of Net Neutrality in New GOP Congress

“He will be a worthy adversary,” said Rep. Gene Green, D-Texas, calling Doyle a close friend he has known for years, dined with and looks forward to working with in the new Congress. Green, a senior Commerce Democrat, isn't on the Communications Subcommittee but has been active on telecom, often splitting from senior Democrats in opposing Communications Act Title II reclassification of broadband and last year slamming the FCC’s set-top box proceeding. He didn’t offhand see any great differences between himself and Doyle. “Not generally,” he said. “A lot of those areas are very bipartisan, unlike healthcare. Mike’s been on the committee. He has a lot of good experience. … We seem like we come from the same kind of blue-collar background.”

Rep. Doris Matsui, D-Calif., a senior subcommittee member, said she, Eshoo and Doyle are often aligned on key telecom priorities, which she believes bodes well for continuity among subcommittee Democrats. “We come to the same place, usually,” Matsui said. “And when you think about that particular subcommittee, it’s more regional. … As far as continuity, [Eshoo’s] still on the subcommittee. There’s several of us still on the subcommittee. And we’ve all worked together. Mike Doyle has been there. My sense now is we do have a new chairman so we have to kind of look to see what’s going to happen there. Certainly a new FCC. A lot of changes now.”

“We’re going to be looking to protect the gains that we made in the open internet order,” Doyle said in an interview Thursday. “We’re going to continue to fight for competitive telecommunications policies. That’s going to be very important. Those are big issues, and we don’t want to move backwards from that.”

The telecom leadership spot “is something to be shared, not hoarded,” Eshoo said in a statement, explaining why she didn’t seek the position. “Senior members like myself must consider the best interest of our Party and our need to develop leaders for the future.” She led subcommittee Democrats for six years and vehemently fought for the priorities of FCC Chairman Tom Wheeler, from Title II net neutrality to his set-top order to his actions on municipal broadband. She spearheaded broadband infrastructure proposals such as the dig-once legislation and focused on 911 issues. Other members such as Rep. Yvette Clarke, D-N.Y., and Bobby Rush, D-Ill., sharply differed on such matters as the set-top proceeding.

Doyle and Matsui lauded Eshoo’s tenure. “A tremendous job,” Doyle told us. “She’s been so good, a mentor to everyone there,” said Matsui. “She’s been a leader. She wants to step aside so that others have experience also.”

Eshoo leaves an “outstanding legacy,” Wheeler said in a statement. “From ensuring that networks remain free and open, to advancing the cause of unlicensed spectrum, to advocating on behalf of competitors, Anna has left an indelible mark on US technology policy.” He called Doyle “a great leader on the vital telecommunications and tech issues facing our country” who “led the charge on issues from increasing broadband deployment, to keeping the Internet fast, fair and open, to ensuring that all regions of the country have access to modern and robust public safety communications systems.”

Subcommittee Changes

The subcommittee will have 13 members total, according to the roster from Commerce Committee ranking member Frank Pallone, D-N.J. That’s the same as last Congress. Members voted on the ranking members in a closed-door meeting Thursday in Rayburn, which lasted about 50 minutes. Doyle was picked by unanimous voice vote, he said. New subcommittee Democrats are Reps. Raul Ruiz of California, Debbie Dingell of Michigan and Eliot Engel of New York. Dingell's husband John, D-Mich., used to chair the House Commerce Committee during his years in Congress. Returning members are Doyle as ranking member along with Reps. Peter Welch of Vermont, Clarke, Dave Loebsack of Iowa, Rush, Eshoo, G.K. Butterfield of North Carolina, Matsui, Jerry McNerney of California and Pallone as ex officio member. Democrats not returning are Reps. John Yarmuth of Kentucky, Diana DeGette of Colorado and Ben Ray Lujan of New Mexico.

The Subcommittee on Digital Commerce and Consumer Protection -- newly renamed from Commerce Manufacturing and Trade (see 1701060063) -- will have 10 Democrats, retaining Rep. Jan Schakowsky of Illinois as ranking member. The members are Lujan, Clarke, Rep. Tony Cardenas of California, Dingell, Matsui, Welch, Rep. Joseph Kennedy III of Massachusetts, Green and Pallone.

Matsui is a new member and sees merit in belonging to both that and the Communications panel, lauding the Digital Commerce jurisdiction as encompassing “very tangible” effects of tech and telecom policy. “Spectrum, net neutrality, all of that -- important,” she said. “But what the Digital Commerce does, you’re actually talking about the Internet of Things, you’re talking about how this affects driverless cars. You have to have spectrum in all of that. But you’re looking at things that are real to most people.” Belonging to both will help, she said: “I intend to work it so it can be one helping the other, in a coordinated way. … The reason I decided to do both of them is that it’s kind of like working together because you’re doing policy and you’re also understanding how important the policy is to some of these devices.”

Doyle anticipates imminent conversation with Communications Subcommittee Chairwoman Marsha Blackburn, R-Tenn., he said. She was named the panel’s chief last week and is developing an agenda, including FCC process overhaul and NTIA reform this week (see 1701100080). “Hopefully in the next week I’ll get a chance to go over and speak to her, too, and to let her know that we’re looking together on those issues we have common ground on,” he said. “And those we don’t, we’re going to defend our position. I’m sure she’ll defend hers.” Commerce “has a long history of trying to do things in a bipartisan way,” he said. “And I’m sure there are going to be some things we can work on.” One of Doyle’s key points of advocacy in recent years has been for business data services overhaul, and he lamented the FCC’s inability to finalize reform last year. “It seems like it’s been a lifetime battle for me,” Doyle said. “And we came so close. But yeah, I think that’s important and we’re obviously going to continue to fight for that.”

Zero rating is another touchstone issue that spurred some partisan divide, with Doyle and his Republican counterparts poised to differ. Last year, he defended FCC ability to scrutinize zero rating programs and he said he had “some concerns” about T-Mobile’s Binge On offering (see 1603150044). Blackburn and Commerce Committee Chairman Greg Walden, R-Ore., joined for a statement Thursday to bash the FCC staff report on zero rating unveiled this week (see 1701110070). “Chairman Wheeler’s decision to move forward with this report is a rare trifecta of anti-consumer policy, inappropriate use of delegated authority, and directly contradicting a request of Congress,” the Republicans said. “Ultimately, if taken at face value the findings in the report threaten to reduce consumer choice and drive up monthly bills. Our regulatory agencies should aim to foster innovation and competitive service offerings that benefit consumers, not squelch innovative business plans in their infancy.”

Eyes on FCC

Doyle, much like Blackburn said earlier this week, waits to see who President-elect Donald Trump will name to lead the FCC before he can fully assess the landscape.

“We have to wait to see who the FCC [chair] is,” Doyle told us. “We don’t know if [former Commissioner Jessica Rosenworcel] will be reappointed.” Rosenworcel left the agency Jan. 3, and President Barack Obama renominated her the next day. Doyle noted the two openings, with Wheeler imminently stepping down. “There’ll probably be a one and one package, I guess, is how they’ll do it,” he said. “And depending on who that person is and what their views are, we’ll go from there. We’ve not really heard a name that’s sticking out there. It seems like they’re not at that point yet to make that decision.” In a few weeks, he expects a more settled situation. “We’re just waiting to see this administration take shape and see who the players are,” he explained. “Once someone gets named, we’ll have a better way of assessing what their background is and where they might be on some of these issues and whether that puts us in a better or a worse position.”

Doyle also summed up his perspective in a statement. “We face serious challenges,” he said. “Republicans are already talking about rolling back the Open Internet Order and enacting policies that will hurt innovators and consumers. I believe such an approach will also slow job creation and economic growth. We will work hard to make sure that the interests of consumers and innovators are represented -- and defended -- at both the subcommittee and full committee levels. ... I believe that there are many goals that we share with our colleagues on the other side of the aisle. Expanded broadband deployment, increased access to broadband, higher speeds -- both on wired and wireless services -- and a modern and robust public safety communications system are principles that we all agree on.”

Doyle “is well placed to carry on the excellent work” of Eshoo, “a champion for net neutrality, affordable internet access and community radio,” said Free Press Policy Director Matt Wood. “He’s also taken on tough fights to protect people’s pocketbooks against the excesses of telecom monopolies. The fights ahead in this Congress will be difficult.” The new top Democrat “has a proven record of working tirelessly on legislation to promote economic growth and job creation for all communities,” said Wireless Infrastructure Association President Jonathan Adelstein. Doyle “has been a longtime champion of competitive policies that have driven economic growth and saved consumers and small businesses money,” Incompas CEO Chip Pickering said. Doyle "brings an enthusiasm and long-term commitment for broadband issues and consumer protection that will be a tremendous asset," USTelecom President Jonathan Spalter said. He "is a strong advocate on behalf of consumers and a champion of innovation," NAB President Gordon Smith said.

Matsui told us to expect House Democrats to perhaps continue the groundwork laid last year on what they dubbed the Innovation Agenda 2.0, a decade-old initiative led by Minority Leader Nancy Pelosi, D-Calif., and Eshoo. “It still might be” a push in 2017, Matsui said, referring to the many town hall sessions held around the country by Democrats including herself, Eshoo, Doyle and Pallone. No great legislation or unveiling followed last year’s many meetings, despite initial talk of such. “I honestly believe, and don’t think it’s a partisan thing, but I think Democrats have been ahead of the game on a lot of this and so it’s important for us to keep going on it,” said Matsui. “We don’t want to give up.”