Presidential Candidate Sanders Creates Detailed Record on Telecom, Media Priorities
The Democratic presidential campaign of Sen. Bernie Sanders, I-Vt., may not feature telecom as a centerpiece, but Sanders’ signature on detailed letters, a court brief and legislation creates a nuanced portrait of progressive stances across recent months. The emerging profile gives a more granular showcase of the presidential candidate’s telecom and media policy priorities -- on issues ranging from set-top boxes to inmate calling to net neutrality -- than is available for other contenders for the presidency, Republican or Democrat. Sanders trails former Secretary of State Hillary Clinton, who in broad strokes has outlined similar priorities as Sanders. Both have expressed interest in intense federal investment in broadband infrastructure, strong net neutrality rules and strong antitrust enforcement.
“I tell you, that’s not where my mind has been the last few days,” Sanders told us at the Capitol last month when approached about net neutrality.
But Sanders, a sitting U.S. senator like several Republican contenders, has shown a willingness to attach his name to many relevant documents in the telecom space since kicking off his campaign, illustrating nuanced positions on individual FCC proceedings. In November, Sanders co-signed a letter urging the FCC to start a set-top box competition rulemaking. In October, Sanders pressed the FCC to address intrastate inmate calling rates in joining another letter. In July, Sanders signed onto another letter asking the FCC to “animate” broadband Internet access service with “the right to privacy.” That letter urged the agency to adopt a comprehensive definition of consumer proprietary network information and guarantee ISP data collection that’s transparent and undergoes a consumer consent process, with a complaint process in place.
Sanders led a July letter to the FCC demanding data about broadband and cable rates -- criticizing "ridiculous" prices, poor service and the U.S.' "de facto telecommunications monopolies" -- and signed a May letter criticizing the agency proposal to presume effective video marketplace competition and thus provide “unnecessary regulatory benefits to large cable companies.”
Net Neutrality Defender
Sanders joined Hill Democrats in an amicus brief in September before the U.S. Court of Appeals for the D.C. Circuit defending the FCC’s net neutrality order, which reclassifies broadband as a Communications Act Title II service and is widely opposed by Republicans. Sanders, an early and loud advocate for Title II’s use, is the only presidential contender to formally weigh in before the court. Last month he co-sponsored the Hangup Act (S-2235), a Democratic bill to repeal a budget deal provision easing restrictions on robocalls to cellphones. On Oct. 19, Sanders signed onto the bipartisan Electronic Communications Privacy Act Amendments Act (S-356) as a co-sponsor. On Aug. 4, Sanders proposed an amendment to the Cybersecurity Information Sharing Act (S-754) to create a Commission on Privacy Rights in the Digital Age, an amendment not taken up in the package considered by the Senate. The two-year, 13-member commission would have examined "the ways in which public agencies and private companies gather data" on consumers and its internal and external utilization and made "recommendations concerning potential policy changes needed to safeguard the privacy." Sanders was one of 21 votes opposing that cybersecurity bill.
Sens. Ed Markey, D-Mass., and Al Franken, D-Minn., were the two constant companions alongside Sanders, signing onto every single one of these recent letters he did, in addition to the court brief and robocall and ECPA overhaul legislation. Sens. Elizabeth Warren, D-Mass., and Ron Wyden, D-Ore., were also frequent allies, signing onto four of the five letters. Spokespeople for Sanders’ campaign and Senate office didn’t comment on his prioritization of telecom and these positions. The wing of the party that Sanders affiliates with is widely considered staunchly progressive, fiercely loyal to the FCC and advocates for consumer protection.
“His support for net neutrality staying on the books represents an understanding that 65 percent of all venture capital in America last year went to the software and Internet startups,” Markey said in an interview, citing many years of cooperation with Sanders. “So it is part of this incredible economic engine that has been unleashed in America. He fights with me Republican efforts to shut that effort down and to give the control back to a small handful of companies, the broadband barons.”
Republican presidential contenders Ted Cruz of Texas and Marco Rubio of Florida, who are both senators on the Commerce Committee, haven't signed telecom-focused letters with the frequency that Sanders has in recent months. Rubio prioritizes spectrum overhaul and mentioned it on the campaign trail but rarely has shown attention to the FCC lately. One recent letter attacking the agency on municipal broadband outreach was a high-profile exception. Sen. Rand Paul, R-Ky., a presidential contender now low in the polls, briefly led the charge against the net neutrality order this year with a Congressional Review Act resolution of disapproval. But that effort fizzled.
Clinton is one of the few candidates to declare a concrete telecom goal for her potential administration's first term, "committing that by 2020, 100 percent of households in America will have access to affordable broadband that delivers world-class speeds sufficient to meet families’ needs," her campaign said this fall (see 1511300025).
CWA Endorsement
Sanders talks big but ultimately aims more at the margins rather than tackling the bigger telecom companies directly, one telecom industry executive told us. The executive urged closer scrutiny of Sanders’ record and suggested much of his talk, fueled with hidden anger, may come from connections with the labor unions. During Saturday’s Democratic primary debate, Sanders proudly said corporate America likely wouldn't like his presidency. “CEOs of large multinationals may like Hillary,” Sanders said. "They ain't going to like me, and Wall Street is going to like me even less.”
The Communications Workers of America endorsed Sanders last week “because he is the candidate who is talking about real solutions to make our economy fair again,” President Chris Shelton said. “Our members are ready to do what it takes to elect Bernie Sanders as the next president of the United States.” Former CWA President Larry Cohen has campaigned for Sanders for months. Sanders, in the midst of his presidential campaign, joined Verizon workers at a Manhattan union rally in October. “All over this country, Verizon is a metaphor,” Sanders shouted then. “You got corporate America making huge profits, their CEOs getting huge compensation packages, and then with all of their money, what they do is hire lawyers in order to make it harder for workers to survive in this country.” Verizon has defended its record.
Before announcing his run, Sanders joined Democrats urging antitrust regulator opposition to Comcast’s proposed acquisition of Time Warner Cable and previously had opposed Comcast’s successful purchase of NBCUniversal. On Feb. 4, Sanders lauded the Title II net neutrality order circulating and touted “close to 50,000 Americans” from Vermont and elsewhere writing to Sanders’ website on the issue. In January, Sanders proposed the Rebuild America Act five-year spending plan including revival of the Broadband Technology Opportunities Program and Broadband Initiatives Program grants to the tune of $5 billion a year for years to come.
“He is a consumer champion and a competition champion, and he and I agree 100 percent in the Internet communications space that the more openness there is, the more competition there is, we will have greater job creation, on the one hand, but also greater consumer protection and lower prices on the other,” Markey told us. “He understands that, and he and I agree 100 percent, and that’s the basis for our partnership.”