OVERNIGHT TECH: FCC transparency bills head to markup

by Mario Trujillo and David McCabe - 05/19/15 6:30 PM ET

THE LEDE: The House Energy and Commerce communications and technology subcommittee will mark up seven bills linked to FCC transparency on Wednesday.

“We have seen enough to know that the FCC falls short of the standard for a well-run agency,” Subcommittee Chairman Greg Walden (R-Ore.) is expected to say.

The FCC Process Reform Act, from Walden, Ranking Member Anna Eshoo (D-Calif.) and Rep. Adam Kinzinger (R-Ill.) would order the FCC to enact a number of policies aimed at opening up its rulemaking to the public. It would have the commission set minimum periods for public comment and have them take action on a host of other transparency-related items.

{mosads}The panel is also going to be looking at legislation from both sides of the aisle.

From Republicans, they’ll consider a bill from Rep. Bob Latta (Ohio) that would require the publication of a list of FCC decisions made without a commission vote, legislation from Kinzinger that would see drafts of rules published when they are circulated to commissioners and a bill sponsored by Rep. Renee Ellmers (N.C.) requiring rules to be published the same day they are adopted.

Democrats have proposed their own draft legislation. A bill from Rep. Yvette Clarke (N.Y.) would boost the amount of data provided on FCC decisions. Other legislation from Rep. Dave Loebsack (Iowa) would make the FCC’s internal procedures available to the public, while yet another from Rep. Doris Matsui (Calif.) would order the FCC to enhance its communication with the Small Business Administration.

One thing you won’t see — but whose absence might lead Democrats to complain — is a bill that would make the FCC require more details in disclosures attached to political ads.

ESHOO SAYS FCC POLITICAL AD ENFORCEMENT ‘STAGNATED’: Rep. Anna Eshoo (D-Calif.) continued to push a bill that would force the FCC to increase disclosures on campaign ads. In a San Jose Mercury News op-ed, she said the current rules are based on a weak interpretation of the law and “enforcement by the FCC has stagnated for decades.” The proposal has little chance of advancing but lawmakers say the FCC has the authority to act on its own.

FCC FINES IHEARTMEDIA: The Federal Communications Commission fined iHeartMedia $1 million for broadcasting an Emergency Alert System (EAS) tone when no emergency or test was going on. The FCC has taken similar action against a number of other companies in the past six months, totaling fines of about $2.5 million. Tuesday’s fine pertained to an incident on Nashville’s “The Bobby Bones Show.” The host played the alert when discussing a real EAS test that had happened during the 2014 World Series.

NY STOCK EXCHANGE HOSTS BITCOIN INDEX: The New York Stock Exchange on Tuesday launched a Bitcoin index (NYXBT) to track the rise and fall of the online currency compared to the U.S. dollar. It will be based on “select bitcoin exchanges which have been evaluated and meet” the stock exchange’s standards. The exchange recently invested in Coinbase, a large Bitcoin wallet, and said the exchange will feature data from Coinbase Exchange.

ECONOMIC ESPIONAGE INDICTMENTS GO UNMENTIONED AT WH BRIEFING: Six Chinese nationals were indicted on Tuesday for their role in a lengthy conspiracy to steal secrets from American tech companies for Beijing’s benefit — but you wouldn’t have known it from the White House briefing. The topic went unmentioned, and no reporter brought it up. It’s unclear if China will move to raise tensions over the indictments. With President Xi Jinping coming stateside in September, they may have a reason to keep quiet.

CENTURYLINK PREVAILS OVER COMCAST IN LATEST AD SCUFFLE: When internet provider CenturyLink thought that competitor Comcast was making false claims about CenturyLink’s service in its ads, they turned to the self-regulation body the National Advertising Division (NAD). Today, NAD ruled partially in favor of CenturyLink. “While NAD agrees that the 10 percent difference between the challenger’s and advertiser’s sustained download speeds is significant, CenturyLink’s delivery of 88% of its advertised speeds represents a higher level of performance than suggested by the challenged claim,” the group said in its opinion, according to MediaPost. They found no reason to dispute other claims in the ads.

ON TAP:

At 8:30 a.m., Microsoft will host a discussion on the Internet of Things. Rep. Darrell Issa (R-Calif.) will speak.

At 2:00 p.m., the Communications and Technology Subcommittee of the House Energy and Commerce panel holds a markup on bills related to FCC transparency.

IN CASE YOU MISSED IT:

Paypal is paying $25 million to settle allegations it illegally enrolled customers in its credit payment plans.

The Justice Department announced charges Tuesday against six Chinese citizens suspected in a long-running espionage plot aimed at stealing U.S. technology with the backing of a Chinese state university.

Two advocacy groups say an app designed by YouTube for children allows them to view age-inappropriate videos.

The largest share of Hillary Clinton’s earnings from speeches in the past year came from the technology industry, according to a review from The Washington Post.

The Congressional Black Caucus (CBC) on Tuesday launched a push to increase African American representation in the tech sector.

Please send tips and comments to David McCabe, dmccabe@digital-staging.thehill.com and Mario Trujillo, mtrujillo@digital-staging.thehill.com