Reps Compromise on Net Neutrality Transparency Waiver

The House Commerce Committee has reached a compromise on a bill to make somewhat more permanent the Federal Communications Commission's temporary exemption for smaller cable operators from enhanced transparency rules under the FCC's new Open Internet order. According to a bipartisan amendment to the bill that is scheduled to be considered at a markup in the full committee, the definition of small business is now 250,000 subscribers (the FCC exemption applied to systems with 100,000 and fewer) and the exemption sunsets after five years.

The FCC is also directed to report to the Committee, and the Senate Commerce Committee, which also has principal jurisdiction over the FCC, within six months of enactment its recommendations for whether the exemption should be permanent and whether that 250,000 figure should be adjusted. The amendment was co-sponsored by House Communications Subcommittee Chairman Greg Walden (R-OR) and Rep Dave Loebsack (D-IA). Republican Reps had wanted a permanent waiver and Democratic Reps a term-limited one. The Democratic Reps won that one, though with the report caveat. The subscriber count was also closer to the Democratic Rep opening bids, so Chairman Walden was true to his word that he was searching for common ground and compromise and thought it could be achieved. That FCC recently extended the exemption for a year and put off a decision about making it permanent while it collected more info on the impact of the enhanced transparency requirements on small businesses, but Congress doesn't want to wait that long.