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from: Technology Daily

Senate Democrats Block Efforts To Advance Telecom Proposal

By David Hatch

(Wednesday, September 6) Democratic senators are using a procedural maneuver to block Republican leaders from possibly using a pending "enhanced 911" bill as a vehicle for passing major telecommunications legislation, according to congressional sources.

The goal is to keep the E911 measure from being sent to a House-Senate conference committee, where it could be melded with House-passed telecom legislation. Using the E911 legislation as a vehicle would bypass the need for Senate floor action on a broader telecom measure spearheaded by Commerce Chairman Ted Stevens, R-Alaska.

Stevens' panel narrowly approved that bill in late June. But it now appears to have stalled short of reaching the full Senate.

Stevens' spokesman did not return phone calls seeking comment on the issue.

In early August, several Democrats anonymously placed procedural "holds" on the E911 bill when efforts were made to pass it by voice vote shortly before Congress adjourned for its summer recess.

The legislation in question, S. 1063, would require the FCC to ensure that E911 service is available to Internet telephone customers -- but also would permit temporary waivers if compliance is not technically feasible.

Sen. John (Jay) Rockefeller, D-W.Va., had previously blocked the E911 measure. But he had lifted his hold after the waiver provisions were tweaked to address public-safety concerns.

Sen. Daniel Inouye of Hawaii, the top Democrat on the Senate Commerce panel, is said to be among the senators now blocking the E911 bill through use of a so-called hold. Inouye's spokeswoman had no comment.

Under informal Senate procedures, an individual senator can place a hold on a bill or nomination -- thereby blocking further action until the hold is lifted. espite being the only co-sponsor of Stevens' telecom bill, Inouyehas been a frequent critic of several of its major provisions.

The numerous obstacles hampering Stevens' version of telecom overhaul legislation are fueling speculation that its supporters want to sidestep Senate floor action.

The language has garnered fierce opposition from critics who say its so-called network neutrality provisions are too weak to prevent dominant high-speed Internet operators from blocking or degrading content from competing providers.

Stevens has yet to secure the 60 votes he needs to overcome a potential filibuster, sources said, and there is speculation that some Republican senators in tight races do not want to vote on the proposal before Election Day -- fearing their positions will be viewed as anti-consumer.

Conference negotiations to meld the Senate E911 bill and House-passed telecom measure, H.R. 5252, would be permissible because the House legislation also includes E911 language.

While the House measure would not overhaul the universal service fund subsidizing telecom offerings in rural and impoverished areas, sources said, Stevens could potentially add such language in conference.

Buttressing the USF is a top priority for Stevens, who represents a largely rural state that benefits from the USF. He has vowed that major telecom legislation will not be cleared without it.

Both the Senate and House versions would expedite Bell company entry into video programming to compete with cable.

Meanwhile, some Republicans are suggesting that the Democrats may be blocking the E911 legislation to prevent Sen. Conrad Burns, R-Mont., from scoring a legislative victory as he faces a tight re-election bid. Burns is a co-sponsor of the measure.

One Democratic source insisted that is not the goal of a hold. But he conceded that denying political credit to Burns would be one outcome.