Telecommunications on the agenda for Congress

AUGUSTA – There are few, if any, Mainers who do not watch television or listen to radio or use a phone or the Internet every day. The laws that govern everything from ownership of the media to public access are up for reauthorization this year, and two Maine lawmakers are in the middle of the battle.

“Everyone is affected by this legislation,” said U.S. Sen. Olympia Snowe. “The 1996 act is up for reauthorization in 2007, and it is incumbent on Congress to bring the legislation forward into the new century.”

Snowe, a member of the Senate Commerce Committee, voted for a rewrite bill that was approved 15-7 by the panel last summer. It never got a vote in the Senate because of the issue of net neutrality.

Snowe said the essence of net neutrality is rules that explicitly bar broadband operators from brokering deals with content providers to shuttle their goods at faster speeds or to give them more prominent placement. She said without such regulations, citizens would lose their ability to view all content on a level playing field.

“I think the question of what happens with telecommunications this year is up in the air,” said 1st District Rep. Tom Allen. “The bell companies seem to be a little less enthusiastic now about a comprehensive reform bill because of the likelihood that net neutrality provisions would be added.”

Allen serves on the House Energy and Commerce Committee that passed a limited telecommunications bill last year. He said even though a comprehensive reauthorization bill may not be passed, he expects some of the major issues will be addressed in separate bills.

“I think it is very important not to increase media consolidation,” he said. “I think the FCC will find the Congress to be very skeptical of any action they take in that direction.”

Allen believes Congress would pass legislation over turning any Federal Communication Commission action that would allow further consolidation of media ownership. He said there is a real concern among many lawmakers that there already is too much consolidation of media ownership and that has resulted in less news and public affairs programming on both radio and TV stations.

“I think there is bipartisan concern about ownership consolidation,” Snowe said. “The FCC has been overruled once on this, and it can happen again.”

Earlier this month, the FCC adopted new rules allowing telephone companies to move into the cable television marketplace by significantly limiting what states and local municipalities can require in local franchise agreements.

For example, local public access, education and government channels as well as franchise fees could be eliminated under the rules.

“We want Congress to approve of any changes in telecommunications or media consolidation,” said Jon Bartholomew of Maine Common Cause. “These major policy issues should not be decided by a regulatory agency that is not elected.”

He said Common Cause and other groups are very concerned that consolidation of media ownership and a reduction in access to local cable channels will undermine democracy.

Both Allen and Snowe sharply criticized the FCC action. Snowe said the decision runs contrary to the provisions adopted in the Senate version of the reauthorization bill that had broad bipartisan support.

“We wanted to make sure that everybody was required to provide public access channels,” she said. “We need to insist on local access requirements. It is still a public utility of sorts and all should have to meet a public interest obligation.”

Allen said he has always strongly supported the requirements of public access and local franchising agreements. He said phone companies seeking to provide what amounts to a cable TV service should have to meet the same requirements as cable services.

“There are many important communications issues we should address,” he said. “I am particularly interested in pushing a provision that was in the Senate Commerce committee bill for rural broadband access.”

That section, authored by Snowe, would change the Universal Service Fund, which receives its cash from a fee on telecommunications bills, to provide assistance for the development of broadband internet access in rural areas of the country. The USF has been used to assure phone service in the past.

“This is a major provision that would help Maine,” Snowe said. “It dedicates $500 million a year to promote the development of broadband in underserved areas.”

Snowe said it is also important to continue the e-rate program that provides subsidies to schools and libraries for high speed or broadband access to the Internet. She said that program has benefited Maine and dramatically improved access to the Internet since it was originally passed in 1996.

Both Allen and Snowe said the new committees will need some time to discuss the issues before any decisions are made on hearings and on what legislation will be considered this session.