Ramsay Says Preemption Compromise Possible, After Lame Duck Session of Congress Ends
NARUC Gen. Counsel Brad Ramsay said he sees little chance of compromise with wireless carriers on state wireless preemption while the Senate version of broad telecom reform containing preemption language is still alive. Ramsay predicted CTIA may be willing to discuss a compromise with NARUC, but not until after a likely lame duck session of the Congress ends.
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Ramsay squared off Thurs. against CTIA Regulatory Affairs Vp Chris McCabe during an FCBA lunch on wireless preemption. “Strategically and tactically these guys are not going to abandon the high ground and they think they've got it,” Ramsay said of carriers: “We were very much engaged on this issue before they got the language in the bill.” Some NARUC members remain upset at CTIA based on the preemption fight, Ramsay said: “Whether it was a result of miscommunications, or deliberate acts, however it happened, some of my members were not happy with the way that got into the bill.”
McCabe said CTIA will continue to work with the states. “It’s not personal,” he said: “We didn’t put this through surreptitiously in the dark of night. This was something we worked 6 months to get into the bill.” McCabe added that wireless carriers have a good track record. “We have 219.5 million customers and growing,” he said. “I would say that the industry is doing a good job. There are complaints… I do not believe that the states or any of the other regulatory bodies will do a better job of addressing concerns than the industry will itself.”
NARUC and CTIA have been battling since June, when language appeared in the Senate telecom bill that would largely end state regulation of wireless carriers, now governed by the 1993 Omnibus Budget Reconciliation Act. That act gave FCC power over rates and entry for wireless, but left states the authority to oversee terms and conditions of contracts (CD June 20 p1).
On the likelihood of legislation, Ramsay conceded Commerce Committee Chmn. Stevens (R-Alaska) could still defy odds and get a bill through the Senate this year. “The big unknown factor is we're dealing with Sen. Stevens,” he said, noting Stevens’ notorious fondness for the Incredible Hulk: “It’s always a mistake to underestimate him when he’s wearing that Hulk tie. NARUC for the next month is going to be going to preparing for telecom Jihad. If he comes into the office wearing that tie, yeah, there'll be a fight.”
Ramsay said, with the caveat of the Stevens “wildcard,” he doubts supporters of the telecom bill would be able to win a cloture vote in the Senate. “Personally, when I sit down and count… I can’t get anywhere near 60,” he said. “The prevailing sound from Capitol Hill is that he [Stevens] has got 55 votes. I can’t even get to 55 votes.”
McCabe refused to handicap chances for the legislation. “The reality is we will continue to work with Chmn. Stevens and hope for its passage,” he said. CTIA outreach to the states continues despite the fight with NARUC over preemption language. “The relationships will obviously continue,” he said. “Just try to track the travel schedule of Dane Snowden, who handles our state issues and the volume of trips he’s made in the last 6 months.”
“I think having the wireless preemption doesn’t help to move the telecommunications bill forward,” said Debra Berlyn, lobbying for AARP, who has been active in the fight against the preemption language.