WASHINGTON-Senate Commerce Committee Chairman John McCain (R-Ariz.) abruptly tabled his E911 federal-land antenna-siting bill last week after controversy erupted over local zoning rights and liability, effectively killing the legislation for this year and setting the stage for an aggressive campaign to pass the measure in 1999.
The bill, which McCain introduced a week-and-a-half ago, was set for Commerce Committee mark-up Thursday.
But Sen. Kay Bailey Hutchison (R-Texas), championing the cause of the National League of Cities and the National Association of Counties, and Sen. Ernest Hollings (D-S.C.), concerned the bill pre-empted citizens’ rights to sue for wireless 911 glitches, forced McCain’s hand in the last committee markup of the 105th Congress.
Congress adjourns Oct. 9 for midterm elections.
“Unfortunately, there is some controversy surrounding this bill because local authorities say that it usurps their power to control antenna siting over property under their authority. Given the late date and this current controversy, I will not move to consider this bill at this time, but this is a high priority item, and we should be prepared to take it up early next year,” said McCain.
The bill, nearly identical to one already passed by the House Commerce Committee and poised for floor action, would make 911 the universal emergency telephone number and improve enhanced 911 systems around the country with fees wireless carriers pay to construct antennas on federal property.
In addition, the legislation would help fund research and development of automatic crash notification systems and provide up to $10 million during five years for laboratory animal tests to determine whether mobile phones pose a health threat to consumers.
“We’re disappointed the NLC, NACO and trial lawyers put their parochial interests ahead of the lives of American citizens,” said Rob Cohen, a lobbyist for a coalition of public health and public safety professionals-the ComCare Alliance-which provided strong grassroots support for the measure in Congress.
ComCare was organized and partially funded by the Cellular Telecommunications Industry Association.
NLC and NACO could not be reached for comment.
“We will bring up the bill early next session and we’ll have more time to pass it,” said Cohen.
For sure, the lack of time and the Clinton-Lewinsky matter occupying the GOP-led Congress played right into the hands of city and county officials. As such, delays created by NLC and NACO were tantamount to death for the bill this year.
The Center for Responsible Politics says Hollings, entangled in a close race to retain his Senate seat, has received nearly $1 million since 1993 from lawyers and law firms. Thus, the suggestion that his strong concerns over liability are related to campaign finances.
Hutchison, for her part, is up for re-election too. She is a former Texas state treasurer.
Sen. Slade Gorton (R-Wash.) is said to have had concerns with the E911 bill as well. Given opposition by two Republicans and the ranking Democrat on the committee, which Republicans control 11 to 9, the bill had nowhere to go.
McCain made special note at the markup of contributions by Sen. Wendell Ford (D-Ky.), who is retiring.
