Earlier today the Senate Commerce Committee released its eagerly awaited “staff working draft” aimed at reforming the Communications Act of 1934 and the Telecommunications Act of 1996. It’s tough to know where to begin evaluating this new 135-page monster, which is entitled the “Communications, Consumer’s Choice, and Broadband Deployment Act of 2006.” In true “everything-and-the-kitchen-sink” fashion, the measure tries to say a little bit about just about every aspect of modern communications and media law, and a whole heck of lot more about other issues not even found in the ’34 and ’96 Acts.
For example, you’ll experience your first “this-is-not-your-father’s-telecom-bill” moment when you open to page 4 and find that Title I is labeled “War on Terrorism.” There’s also a big subtitle dealing with copyright controversies and the so-called “video and audio flags.” There’s also a beefy section on “Sports Freedom” pertaining to local TV sports agreements. (Thank God our leaders are doing something to guarantee us our inalienable right to sports on TV!)
Again, that’s just SOME of the new stuff the bill takes on. There’s plenty more new rule-making authority found in the measure that would empower the Federal Communications Commission to deal with both new and old policy issues alike.
But instead of nitpicking about the trees here–I’m sure we’ll be doing plenty of that at PFF over the next few weeks–I want to instead step back and look at the forest for a moment. It seems to me that the fundamental problem with efforts like this Senate draft is that our lawmakers often get obsessed with working out the smallest details of complicated communications / broadband / media marketplace developments. When pondering reform, a lot of very smart lawmakers and their staffers get together and wring their hands agonizing over hundreds of “What If?” scenarios about future market developments and then concoct a legislative response to each of them. This is how we end up dozens of pages of new rules on universal service policy (Title II of the bill), video service regulation (Titles III and IV) and digital television transition rules (Title VII) in addition to the new things mentioned above.