Senate Commerce Committee Announces High-Tech Agenda for Early 1999

(December 18, 1998)  The Senate Commerce Committee announced a list of issues that it will take up in the first several months of the 106th Congress.  The list is heavy with high-tech issues, including high-speed digital technologies, technological convergence, Internet filtering for schools and libraries, satellite TV reform, Telecom Act changes, FCC reform, FCC reauthorization, and FTC reauthorization.

The announcement came from Sen. John McCain (R-AZ), Chairman of the Committee on Commerce, and Sen.Ernest Hollings (D-SC), Ranking Democrat of the Committee, on Thursday, December 17.  The 106th Congress is scheduled to convene on January 6, 1999.  (A complete copy of the announcement is at the bottom of this page.)

The Telecommunications Act of 1996 and the FCC are on the agenda.  Sen. McCain voted against the 1996 Act, and has been critical of many actions of the FCC in implementing the Act.   The announcement stated as follows:

"... the Committee will hold a hearing to examine the Federal Communications Commission's (FCC) implementation of the Act as well as its administration of all aspects of telecommunications regulation, and consider changes to the law, if any, to the FCC's rules, and to the FCC itself. Under current law both the Department of Justice and the FCC play a role in administering competition policy. The Committee will review both agencies' regulatory efforts in the course of these hearings, and examine what steps may be necessary to strengthen the Commission's ability to promote competition. This will be the first in a series of hearings to develop a FCC reauthorization bill.

Sen. McCain and other members of the Senate Commerce Committee have complained that not enough new competition has come about since the passage of the Act.  FCC implementation of Section 271 (regarding provision of interlata service by the regional Bells) and Section 706 (regarding encouraging deployment of advanced telecommunications services) could be main topics of discussion.

The FCC's handling of universal service subsidies -- both for high cost rural areas and for schools and libraries -- remain controversial and unresolved issues.  These could also be topics of discussion.

The announcement also references the overlap of the DOJ and the FCC in administering competition policy.  Currently, both the Department of Justice and the FCC review telecommunications mergers and acquisitions.  The DOJ has express statutory antitrust authority.  The FCC, on the other hand, has authority to approve transfers of telecommunications licenses.  It has asserted this authority to review license transfers in telecommunications industry mergers and acquisitions for anticompetitive effects.

Sen. McCain and Sen. Hollings will reintroduce legislation next year that requires schools and libraries receiving "e-rate" funds to use Internet filtering software.

The announcement stated that the committee "will hold a hearing on legislation to protect children from exposure to sexually explicit and other harmful material when they access the Internet in school and in the library."   The old bill, HR 1619 (105th), was not enacted into law.

The FTC is becoming increasingly important to high-tech industry.  The FTC is currently prosecuting an administrative antitrust action against Intel.  It has authority in the area of consumer fraud committed on the Internet.  And, it is increasing its authority in the new area of privacy on the Internet.

The Commerce Committee will take up FTC reauthorization in the opening months of the 106th Congress.

Press Release of the Senate Committee on Commerce.
Re: Committee Initiatives in the 106th Congress.
Date: December 17, 1998.
Source: Senate Commerce Committee.  This document was created by Tech Law Journal by scanning a fax copy and converting it into HTML.  Hypertext links were added.

COMMITTEE INITIATIVES UNVEILED
FOR BEGINNING OF 106TH

WASHINGTON, D.C. -- Senator John McCain (R-AZ), Chairman of the Committee on Commerce, and Senator Ernest Hollings (D-SC), Ranking Democrat of the Committee, today announced the Full Committee's initiatives for the first few months of the 106th Congress.  Hearing dates will be announced in January. Following is the tentative agenda:

• FAA Reauthorization: The Committee will hold a hearing to review legislation to reauthorize the Federal Aviation Administration (FAA), air traffic control modernization and security programs, and the federal grant program for airports. The bill will also include provisions to increase competition, expand service to underserved communities, improve service in the nation's aviation industry, and address commercial air tour flights over national parks.
• America's Digital Future: The Committee will hold a hearing to examine the development of the Internet and how advanced high-speed digital technologies will transform the way Americans live, work, and learn. The Committee will review the ongoing development of advanced telecommunications networks, the implications of technological convergence, and the immediate and long-term effects of these developments on all segments of American life.
• Satellite Home Viewers Act: The Committee will address immediate problems confronting the satellite TV industry and its subscribers, including rules for offering distant and local network TV stations.
• U.S. Space Launch Industry/Technology Export Controls: In response to new information that has arisen regarding the transfer of sensitive satellite technology to foreign countries, the Committee will hold a hearing to examine the U.S. commercial space launch industry, and look for solutions to removing obstacles to domestic launch capability.
• FTC Reauthorization: The Committee intends to reauthorize the Federal Trade Commission (FTC) in the 106th Congress. The FTC was given a two-year reauthorization in 1996.
• Telecom 1999: With the third anniversary of the 1996 Telecommunications Act, the Committee will hold a hearing to examine the Federal Communications Commission's (FCC) implementation of the Act as well as its administration of all aspects of telecommunications regulation, and consider changes to the law, if any, to the FCC's rules, and to the FCC itself. Under current law both the Department of Justice and the FCC play a role in administering competition policy. The Committee will review both agencies' regulatory efforts in the course of these hearings, and examine what steps may be necessary to strengthen the Commission's ability to promote competition. This will be the first in a series of hearings to develop a FCC reauthorization bill.
• The Electronic Media Market: Electronic sources of news, information, and entertainment are proliferating as technologies are converging. The Committee will hold a hearing to examine today's electronic media marketplace and the implications of convergence and will discuss media deregulation.
• Internet Filtering: The Chairman and Ranking Democrat will hold a hearing on legislation to protect children from exposure to sexually explicit and other harmful material when they access the Internet in school and in the library.
• International Space Station: The Committee will examine NASA's Management of the International Space Station. The hearing's focus will be on program, delays, cost overuns, Russia's inability to meet its commitments as a major partner, and plans for completion.

Additional high priority items and hearings will be announced in January.