All eyes are on Julius Genachowski on one of the first controversial orders before the FCC since he became chairman: A proposal to reclassify broadband under Title II of the Communications Act in the aftermath of the Comcast v. FCC decision. He faced repeated questions Wednesday, at a Senate Commerce hearing on the National Broadband Plan, about his position on whether the commission needs to reclassify broadband Wednesday. But he offered little beyond what he has said since the decision came down last week. (See related report in this issue).
The FCC Thursday put forward a list of 64 items for FCC action, along with time lines. The list includes most of what was recommended by the National Broadband Plan, released last month. The FCC had a similar list of items to work from when it implemented the 1996 Telecom Act, said a former FCC official. Eighth floor advisers were briefed on the plan Wednesday.
FCC Commissioner Meredith Baker said she remains open-minded about net neutrality, but she questioned whether a compromise can be made to gain her support by removing the application of rules to wireless. Baker, who joined the commission in July, told us she’s pleased with the approach of the National Broadband Plan toward spectrum. Baker also called for a quick review of all deals before the FCC, including Comcast-NBC Universal, limiting conditions to those directly involved, and helping broadcasters in small- and mid-sized markets in the media ownership review.
The FCC may not be able to turn the National Broadband Plan into action as fast as the report to Congress envisions, former FCC Chairman Michael Powell warned in an interview. Congress may never act on some recommendations, and it could revise others, said Powell, who co-chairs the industry advocacy group Broadband for America. The FCC’s part depends on completing long and “messy” rulemaking proceedings “that may or may not come out the way that is envisioned,” he said. Powell also sought a targeted revamp of the Telecom Act.
LAS VEGAS -- Commissioners will next week get a calendar laying out basic timing of the rulemakings and other actions that follow up on the National Broadband Plan, FCC officials said at the spring CTIA meeting. Commissioners won’t vote on the schedule but it’s expected to be discussed at the April 22 meeting.
Passage of health care reform legislation over the weekend may loosen bottlenecks that held back other legislation, industry officials said Monday. But Congress won’t necessarily intensify telecom legislation efforts, they said. An ongoing debate among Hill leadership is whether, in the wake of passing health care, they should lay low or come out swinging, said an industry lobbyist. The health-care debate took some of congressional leaders’ attention from telecom issues, said Hill and industry officials. Health care was a huge priority for Senate Commerce Chairman Jay Rockefeller, D-W.Va., and it delayed action on telecom, said a Senate GOP staffer. Senate Republicans hope the resolution of health care and the recent release of the National Broadband Plan mean an increase telecom activity in days to come, the Hill staffer said. House Commerce Chairman Henry Waxman, D-Calif., was also deeply involved in the health-care debate, said a telecom executive. But lawmakers may want to avoid contentious matters a while, the source said. Cybersecurity legislation has a good chance of moving forward soon, said industry officials. The issue seems to have approached “critical mass,” with a great “sense of urgency” surrounding it in Congress, said Washington Research Group analyst Paul Gallant. Legislation by Sens. Rockefeller and Olympia Snowe, R-Maine, is scheduled for committee markup Wednesday morning. Reid has shown interest in the legislation and has been actively coordinating efforts across committees, said Senate and industry officials. House Communications Subcommittee Chairman Rick Boucher, D-Va., is expected to soon introduce bills on privacy and the Universal Service Fund. Boucher has said he intends to do USF before privacy. Industry officials said they didn’t expect to see the USF bill before Congress leaves for its spring recess starting Friday. However, it could appear in the “next month or so,” said Independent Telephone and Telecommunications Alliance President Curt Stamp. For communications issues, the health care debate had mostly been a bottleneck at the leadership level, said Gallant. Work on telecom operated on a separate track and committees with jurisdiction had the staff bandwidth to work on telecom simultaneously, he said. Committees still may have had difficulty getting leadership to focus on their issues, coordinating with the White House and the other chamber of Congress while the health care debate was going strong, he said. A House GOP aide said the health care debate never got in the way of committees’ telecom work. Waiting for the National Broadband Plan was the biggest obstacle, the aide said. There are other possible distractions in the coming months, especially the upcoming election, said industry observers. The lead up to November elections historically has meant a light summer, said Stamp. It’s not a sure thing the trend will repeat this summer because the health care debate proved that this Congress will work even through weekends and holidays when necessary, he said. Work on financial reform could take time on the floor schedule, and climate change is still “hanging out there” and could become the next big legislative priority, Stamp said. Congress also still has work to do on appropriations, said an industry lobbyist. The broadband plan could lead to a series of congressional oversight hearings on specific issues, which could eat up the calendar for the rest of the year, said industry officials. It would make sense to hold multiple hearings to focus more intensely on specific issues, but nothing has been finalized, said the House GOP aide. General hearings on the plan are scheduled for Tuesday afternoon in the Senate Commerce Committee and Thursday in the House Communications Subcommittee.
Passage of health care reform legislation over the weekend frees Congress to finish the oft-delayed satellite TV reauthorization and may also loosen bottlenecks that held back other legislation, industry officials said Monday. But Congress won’t necessarily intensify telecom legislation efforts, they said. An ongoing debate among Hill leadership is whether, in the wake of passing health care, they should lay low or come out swinging, said an industry lobbyist.
The FCC approved Tuesday by a unanimous vote a brief statement of principles on broadband. FCC Republicans Robert McDowell and Meredith Baker were sharply critical of some aspects of the plan itself, which was not put up for a vote before being submitted to Congress. Both found lots to like in the plan but said it must not be used as a lever for imposing more regulation. Agency officials said the FCC will offer a list in coming days of more than 40 rulemakings that will be begun as a follow-up to the plan.
The FCC approved Tuesday by a unanimous vote a brief statement of principles on broadband. FCC Republicans Robert McDowell and Meredith Baker were sharply critical of some aspects of the plan itself, which was not put up for a vote before being submitted to Congress. Both found lots to like in the plan but said it must not be used as a lever for imposing more regulation. Agency officials said the FCC will offer a list in coming days of more than 40 rulemakings that will be begun as a follow-up to the plan.
Wireless carriers may get less in the FCC’s National Broadband Plan than meets the eye, commission officials indicated Monday. Although the plan recommends that 300 MHz of spectrum be made available for wireless broadband over the next five years and 500 MHz total over 10 years, FCC officials made clear Monday that not all will be dedicated to licensed use. The plan also provides substantial detail in its recommendations for the Universal Service Fund, including a phase-out of the high-cost fund. The plan will be presented to FCC commissioners Tuesday. They won’t vote on the plan, only on a mission statement setting out goals for U.S. broadband policy.