WASHINGTON-House and Senate conferees agreed on key wireless provisions in the telecommunications reform bill last week, but with several controversial issues still unresolved and time running out this session it remains unclear whether the historic legislation can be passed this year.
The measure is expected to win easy approval by the GOP-led Congress once completed, but faces a veto by President Clinton. However, House and Senate telecommunications reform bills passed by wide enough margins this year to override a veto.
Late last week, unfinished business remained regarding regional Bell telephone entry into the long-distance market, Internet pornography and media ownership. The bill would overhaul the Communications Act of 1934 and allow local telephone companies, long-distance carriers and cable TV operators to compete against each other.
Sen. Larry Pressler, R-S.D., chairman of the telecommunication conference committee, said getting the bill passed was “like pushing Jell-O up a hill.”
Conference Democrats, particularly retiring Rep. Patricia Schroeder, D-Colo., complained of being cut off from congressional staffers and kept in the dark until the last minute about legislation. Schroeder said it was like “carrying a bag of smoke.”
Indeed, the conference was designed to limit direct participation to House and Senate leadership and congressional staff.
In the meantime, lawmakers agreed on antenna siting and wireless long-distance access provisions.
Negotiators stripped from the House antenna siting amendment a requirement for a negotiated rulemaking at the Federal Communications Commission. Cities would retain the right to determine the placement of antennas, provided it is exercised in a reasonable and nondiscriminatory manner.
The question of whether state or federal courts would hear disputes between zoning boards and wireless carriers has not been answered, but one industry source said Congress may give parties a choice of venue.
It is estimated that 100,000 antenna sites will have to be erected with the rollout of new personal communications services systems throughout the United States.
In addition, the FCC is directed by the compromise bill to conclude a pending rulemaking to establish stricter radio frequency emission guidelines. Differences within the federal government have prevented the agency from adopting final rules.
It is not uncommon for authorization of antenna sites to be delayed or even denied because of health-related concerns.
The bill also would exempt wireless carriers from long-distance equal access, while giving the FCC the option of crafting rules to enable consumers to choose long-distance carriers.
The compromise bill also gives the FCC the freedom to forbear from imposing common carrier regulations if doing so promotes competition. Broadcasters could offer paging or other nonvideo services over excess digital TV spectrum so long as licensees pay market-based fees for such use.
The legislation would enable AirTouch Communications Inc. to escape the Justice Department’s finding, that as a wireless spinoff of Pacific Telesis Group, AirTouch is subject to a 1982 consent decree that bars the seven Baby Bells from manufacturing and the long-distance business.
Rep. Jack Fields, R-Texas, chairman of the Commerce Committee’s telecommunications subcommittee, announced that he will not run for re-election next year. Fields is the fifth Texas incumbent to leave politics and the seventh House Republican to announce retirement. Fields has spent much of the last year trying to get telecommunications reform passed. Mike Oxley, R-Ohio, is a likely candidate to succeed Fields.
