Telecommunications Policy in the 116Th Congress

ML Strategies Legislative & Regulatory Update

Telecommunications Policy in the 116th Congress

01.9.2019

With the outcome of the 2018 midterm elections meaning Washington returns to divided government this year, leaders in both parties will already be looking to position themselves for the 2020 election cycle. In some cases that will mean making clear the differences between the two parties; however, Republican and Democratic leaders on Capitol Hill and President Trump will also be looking for opportunities to demonstrate that they can do the work of governing. Lawmakers on both sides of the aisle during the 115th Congress demonstrated that there are opportunities for bipartisanship in the telecom space and looking ahead, those opportunities will continue.

As 2018 came to a close, Congress continued to work hard on telecom-related legislation. In November, Sens. John Thune (R-SD) and Ed Markey (D-MA) introduced the Telephone Robocall Abuse Criminal Enforcement and Deterrence, or the TRACED Act. This legislation would allow the Federal Communications Commission (FCC) to levy harsher penalties on marketers and scammers who use automatic dialing devices. The bill would allow callers to be fined $10,000 for each call they make intentionally violating telemarketing laws, an increase from the current $1,500 per call the law currently allows. The bill would also extend the statute of limitations under which the FCC could prosecute robocallers, increasing it from one year to three. FCC Chairman Ajit Pai tweeted his support for the bill saying he was pleased with the new enforcement power it would give the commission.

In December, Sens. Dianne Feinstein (D-CA), Richard Blumenthal (D-CT), and Amy Klobuchar (D-MN) introduced the Real Peace Act. This bill would end the exemptions that common carriers get from the Federal Trade Commission (FTC) in an attempt to crack down on illegal robocalls. In late November, the FTC Commissioners testified before the Senate Commerce Committee. During the hearing, Chairman Simons discussed how the FTC and FCC work together to combat illegal robocalls. He also mentioned that eliminating the common carrier exemption would help the FTC in its efforts to combat these intrusive and disruptive calls.

While neither of these bills was voted on before Congress adjourned in December, both are likely to be reintroduced in the new Congress and provide a starting point for further conversations.

In January, Sen. Cory Gardner (R-CO) is expected to reintroduce the AIRWAVES Act, which would require the FCC to hold spectrum auctions that would grant new broadcast licenses for specified frequency spectrum bands. Additionally, the FCC and National Telecommunications and Information Administration (NTIA) would be directed to identify frequencies in certain spectrum bands that could be used for non-federal unlicensed use and commercial licensed use. The legislation is also expected to be reintroduced on the House side by Rep. Mike Doyle (D-PA), who is currently looking for a new Republican cosponsor since Rep. Leonard Lance (R-NJ) lost his reelection bid.

On the House side last year, Rep. Greg Walden (R-OR), then-chairman of the House Energy and Commerce (E&C) Committee, hoped lawmakers could advance a number of public safety bills the committee had favorably reported out in September, including the National Non-Emergency Mobile Number Act, the Anti-Swatting Act, and the 911 Fee Integrity Act. While none of these bills were advanced before Congress adjourned, we will be watching for their reintroduction in the 116th Congress.

Looking ahead, cybersecurity will remain a top issue for the new Congress. On December 7, the House E&C Committee released a report outlining its cybersecurity priorities for 2019. These included promoting widespread adoption of disclosure programs, bolstering the Common Vulnerabilities and Exposures (CVE) program, and strengthening public-private partnerships, among others. As mentioned in our previous lame duck coverage, cybersecurity, and privacy issues remain two areas where Democrats and Republicans may be able to find common ground in the 116th Congress. Rep. Walden recently spoke of this common ground saying there may be areas of bipartisanship on net neutrality, broadband availability, spectrum reallocation, and oversight of the broadcast incentive auction repacking process.

Committee Leadership in the 116th Congress

Looking ahead, both the Senate Commerce Committee and the House Energy & Commerce Committee are expected to have some new faces around the dais. Sen. Roger Wicker (R-MS) is the new chairman of the Senate Commerce Committee, taking over for former Chairman John Thune (R-SD), who gave up the chairmanship to join Senate Republican leadership as Majority Whip. However, Sen. Thune is expected to continue his work on the committee and will chair the Communications, Technology, Innovation, and the Internet Subcommittee. Sen. Maria Cantwell (D-WA) will lead Democrats on the committee, taking the slot vacated when former ranking member Sen. Bill Nelson (D-FL) was defeated for reelection last year. Sen. Cantwell most recently has served as the ranking member of the Commerce Committee Subcommittee on Aviation Operations, Safety and Security.

On the House side, Rep. Frank Pallone (D-NJ) is the new chairman of the House E&C Committee. Rep. Greg Walden will continue to lead Republicans as ranking member on the committee. Now that Rep. Marsha Blackburn (R-TN) has been elected to the Senate, the top Republican spot on the Communications and Technology Subcommittee will be open. Rep. Bob Latta (R-OH) has formally announced that he will pursue the ranking member slot and is considered to be the frontrunner. Other potential subcommittee ranking members may include Rep. John Shimkus (R-IL), Rep. Cathy McMorris Rogers (R-WA), and Rep. Brett Guthrie (R-KY).

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