The FCC is “seriously considering the use of Title II” reclassification of broadband, Chairman Tom Wheeler wrote in responses to Senate and House Republicans (http://bit.ly/1iNYePc). The agency on Friday released his letters dated June 17. The Republicans had written to the FCC protesting its possible use of Title II in its proceeding to write new net neutrality rules. Wheeler called the status quo of no net neutrality rules “unacceptable” and explained the agency’s rulemaking notice, which asks many questions about what the best legal authority should be for the rules and how the FCC should proceed. “I believe that the [Communications Act] Section 706 framework provides us with the tools with need to adopt and implement robust and enforceable Open Internet rules,” Wheeler said. But the NPRM also asks about Title II reclassification, pointing to Republicans’ concerns about common carriage regulation, about “the extent to which forbearance from certain provisions of the Act or our rules would be justified so that the regulatory treatment of broadband providers is appropriately balanced,” Wheeler said.

The Center for Democracy & Technology (CDT) and the American Civil Liberties Union (ACLU) spearheaded letters to the Senate Select Committee on Intelligence, opposing the Cybersecurity Information Sharing Act (CISA) (http://bit.ly/TqkeDF; http://bit.ly/1qLudBO). Privacy advocates have long opposed the bill, which has received industry support (CD May 15 p11). CISA’s markup was set for last Thursday, but was rescheduled because of the looming July 4 recess (CD June 27 p12). The ACLU’s letter argued the bill creates “threats” to whistle-blowers, transparency and privacy. CDT’s letter added the bill “arbitrarily harms average Internet users,” and is “infringing on net neutrality policy."

House lawmakers introduced two bills last week to modify communications law. Rep. Morgan Griffith, R-Va., introduced the Cell Phone Freedom Act, HR-4952 (http://1.usa.gov/1oazYWx), which “would prevent government agents from accessing the smartphone kill switch feature without either a court order or the express permission of the device’s owner or primary user,” Griffith said in a statement (http://1.usa.gov/1qC2XU0). It has been referred to the Judiciary Committee and has no co-sponsors. Meanwhile, Rep. Adam Kinzinger, R-Ill., joined with Rep. Joe Courtney, D-Conn., to introduce HR-4969. It has not yet been posted online but it would direct the FCC “to extend to private land use restrictions its rule relating to reasonable accommodation of amateur service communications,” according to its longer title. That bill has been referred to the Commerce Committee.

Democrats in both chambers back the FCC’s stance on pre-empting state laws restricting municipal broadband, several told FCC Chairman Tom Wheeler in a letter Friday (http://1.usa.gov/1iNPIPW). Sen. Ed Markey, D-Mass., and Rep. Mike Doyle, D-Pa., led the letter. It was also signed by Sens. Richard Blumenthal, D-Conn., Cory Booker, D-N.J., and Amy Klobuchar, D-Minn., plus House Commerce Committee ranking member Henry Waxman, D-Calif., and House Communications Subcommittee ranking member Anna Eshoo, D-Calif. The FCC should “utilize the full arsenal of tools” Congress gave it, and local communities should decide for themselves whether they'll build municipal networks, the Democrats said, asking Wheeler to tell them his plans within 30 days. Republicans have attacked the FCC for floating this proposal, saying it violates state sovereignty.

The Senate Intelligence Committee canceled its planned markup of the draft Cybersecurity Information Sharing Act (http://1.usa.gov/1vAZvew), originally scheduled for Thursday afternoon, said a committee aide. Travel schedules ahead of a congressional recess played a role in the delay, the aide confirmed. Industry executives have said the bill has a “good chance” of getting out of committee and they support most of the legislation’s language, but privacy advocates remain concerned about the bill’s role in furthering the NSA’s surveillance programs (CD June 26 p8). The bill has gone through revisions since the House approved its version -- the Cyber Intelligence Sharing and Protection Act (HR-624) (http://1.usa.gov/1nMkkxx) -- but industry and privacy stances on the bill have remained largely the same (CD May 15 p11). There is no new date for the markup.

The Senate Homeland Security and Governmental Affairs Committee approved two bills aimed at improving the federal government’s information security and cybersecurity info sharing, in a Wednesday markup (http://1.usa.gov/1mxf1pf). The Federal Information Security Modernization Act (S-2521) is intended to “move agencies away from paperwork-heavy processes toward real-time and automated security,” while further explicating the roles of different agencies in this process, the committee said. The National Cybersecurity and Communications Integration Center (NCCIC) (S-2519) Act is intended to set in stone the Department of Homeland Security’s cybersecurity responsibilities and facilitate cyberthreat information sharing. Before passing the bill, the committee adopted an amendment from Sen. Ron Johnson, R-Wis., that “sets clear limits on the role of the NCCIC, giving industry the security to share information with authorities without the threat of federal ‘mission creep,'” he said in a written statement Thursday (http://1.usa.gov/1mhvbOy): “The possibility of heavy-handed federal regulation would endanger the private sector’s willingness to share information.” Johnson said he wants to avoid “a maze of assessments, audits and standards that would lag hopelessly behind both technological developments and threats."

Witnesses for the Senate Judiciary Committee field hearing on net neutrality are Michael Copps, a former FCC commissioner now with Common Cause; Lisa Groeneveld, chief operating officer of South Burlington computer manufacturing firm Logic Supply; Cabot Orton, proprietor of The Vermont Country Store in Manchester, Vt.; and Vermont Department of Libraries State Librarian Martha Reid. Committee Chairman Patrick Leahy, D-Vt., will hold the hearing Tuesday at 10 a.m. at the Davis Center at the University of Vermont in Burlington.

House Communications Subcommittee ranking member Anna Eshoo, D-Calif., called the Supreme Court’s decision this week against Aereo (CD June 26 p1) “disappointing” and “a reminder that our video laws are broken and ripe for reform,” as she has advocated throughout the past year. “Every day I hear from my constituents who are fed up with rising cable bills and a business model that forces them to buy a bundle of channels they will never watch,” Eshoo said in a statement Thursday. “Aereo provided the innovative solution needed to disrupt the video marketplace, giving consumers greater choice in how they watch their favorite free over-the-air broadcast programming."

The Senate Judiciary Committee cleared by voice vote its narrow Satellite Television Extension and Localism Act reauthorization bill Thursday, with one technical amendment from Sen. Dick Durbin, D-Ill. Committee Chairman Patrick Leahy, D-Vt., and ranking member Chuck Grassley, R-Iowa, introduced the two-page bill, S-2454, that would extend STELA for five years and lacks the video market overhauls some have sought. At the Thursday session, Leahy called the bill “straightforward” and Grassley said those other video market proposals are “more appropriately handled” as part of a telecom law overhaul within the Commerce Committee. NAB has pressed for such a clean reauthorization and President Gordon Smith reiterated its “strong support” for the bill, after its approval. “It helps low-power television stations, addresses a disparity,” Durbin said of his amendment (http://1.usa.gov/1pSIA5L). “These are the little guys in the broadcast world.” He referred to a change made in the 2010 STELA reauthorization to the definition of local service areas that applies if a satellite company retransmits a low-power station. Not included were cable companies, and the amendment fixes that, Durbin said. He has talked to all relevant stakeholders, who “support this effort,” Durbin said. Sen. Jeff Sessions, R-Ala., brought up “a problem I have” in Alabama, where many households lack access to in-state local programming, but refrained from offering any amendment addressing that. Sen. Orrin Hatch, R-Utah, requested a “serious conversation” about killing statutory licensing requirements and doesn’t want to wait five years to do that, he said. The Thursday Judiciary agenda had also included the Unlocking Consumer Choice and Wireless Competition Act (S-517) but that was postponed. TVFreedom, a coalition of broadcast interests including NAB, wrote a Thursday letter to Judiciary leaders thanking and praising them for the bill. “This legislation preserves, rather than eliminates or redesigns, the lifeline basic service tier provision,” TVFreedom’s spokesman wrote (http://bit.ly/1jo50pA). “Eliminating or altering this requirement of cable TV systems would be detrimental to millions of cable subscribers across the country who depend on broadcast TV as a vital lifeline to emergency information in times of disaster."

Sen. Claire McCaskill, D-Mo., is laying “groundwork for a new federal law aimed at cable, satellite, and other pay-TV billing practices,” she said Wednesday in a news release (http://1.usa.gov/1lQoOGh). She asked consumers to give her anecdotes about their experiences with cable and satellite billing practices in a website tool she calls “Submit Your Scam.” She said the scams could include “confusing updates to channel line-ups, broadband Internet speeds, or pricing that are not clearly explained to consumers; overbilling or ongoing charges that consumers should not be paying; excessive (or erroneous) equipment rental fees; early termination and/or change of service fees.” McCaskill chairs the Senate Commerce Consumer Protection Subcommittee. “Consumers need protections from these practices, and I'm aiming to provide that and begin holding these companies accountable,” she said in a statement.