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Tauzin Leads The Broadband Charge
by Teri Rucker
House Energy and Commerce Committee Chairman W.J. (Billy) Tauzin could have been a Southern preacher in a past life. His passion, political skill and ability to instill the fear of God into opponents helped him steer his controversial broadband bill through a complicated House battle and win with a resounding majority last week.
Observers credit the powerful duo of Tauzin, R-La., and ranking committee Democrat John Dingell of Michigan for passage of the so-called Tauzin-Dingell bill, H.R. 1542. That measure would deregulate the high-speed Internet services of the regional Bell telecommunications companies.
Tauzin is quick to give Dingell, the longest-serving member of the House, credit for the bill's success, saying that "he has been a great ally, and he was critical in delivering the Democratic votes." But it is the flamboyant Cajun, aided by his powerful position as chairman of one of the House's most powerful committees, that many observers see as integral to the bill's passage.
"Billy is a great thespian," said one House source whose boss opposed the bill. "He is very charming and members like him," and that helped win support for his bill.
True Believer
Tauzin passionately believes that Americans need access to broadband services and that his legislation is the way to get it to them. He attributes the success of his bill in the House to "the failure of the current law."
When only about 10 percent of the population has high-speed Internet service, Tauzin said in an interview days after last Wednesday's House vote, "you have to ask yourself why." The answer, according to Tauzin: the regulatory restrictions placed upon the Bells, "the companies who already have wires in everybody's homes and could so easily" provide high-speed service.
If Congress and the FCC fail to act, Tauzin said, Americans are going to be asking lawmakers: "Why did you let our little town dry up because we weren't connected? ... Why did my children fall behind because they weren't part of a high-speed distance-learning project?"
Chaos on the Floor
Tauzin steered the bill to passage amid procedural chaos on the floor. He, his staff and allies shifted into high gear to overcome complicated parliamentary maneuvering by bill opponents.
In a surprise move, Utah Republican Chris Cannon, a bill opponent, yanked consideration of his amendment. That meant that an amendment Tauzin supported, and that he said was integral to his success on the floor, was threatened because the Rules Committee had linked a debate on the Tauzin-backed amendment to debate on the Cannon-sponsored language. Only a rare procedural move by GOP leaders, and with the support of Dingell, enabled backers of the bill to insert the amendment sponsored by Stephen Buyer, R-Ind., and Edolphus Towns, D-N.Y.
"It was an extraordinary win, particularly when the structured day" that was planned "got discombobulated," an industry supporter of the bill said of the debate. "These two guys [Tauzin and Dingell] knew how to steer members through it."
Tauzin credits staff work and some fevered action at the door leading to the House floor to educate members on how to vote on the parliamentary issues. The bill would have passed no matter what, Tauzin said, but winning inclusion of the Buyer-Towns amendment helped.
"There were people who wanted to vote with us but wanted to have something in the bill that honestly gave the competitive [telecom] carriers an opportunity to utilize the new fiber systems" of the Bells, Tauzin said. "I think we had maybe a couple of dozen extra votes for the bill because we were able to successfully get the Buyer amendment on."
The Political Price Of Success
For all that Tauzin did right, some members of the House say the road to passage of his bill is littered with mistakes and that the effort cost Tauzin a lot of political capital.
The time between the bill's introduction and full committee consideration was only about a week -- a fast track to which some members objected. "When he took over [the Energy and Commerce Committee], there was such optimism and hope that things would be run differently" than under former Chairman Tom Bliley, R-Va., another House source said, adding that members were upset and disappointed by Tauzin's wielding of his prerogatives as chairman.
"I don't mind fair criticism, but that's not fair criticism," Tauzin said. "The bill languished for two years without a markup. When I became chairman, everyone knew this was going to be a top priority. It wasn't a big surprise for anybody."
Others say that preventing a direct floor vote on the Cannon amendment was unnecessary and in the end empowered bill opponents. "There was no way Billy could lose this, but he really overreached," a House source said. "He would have won fair and square and wouldn't have had the competitive side [of the telecom industry] railing about unfair process."
Tauzin admitted that he did make some mistakes. "Every time I have handled a complicated piece of legislation, I try to do what you should do when you lose one -- that is, think about what you did wrong," Tauzin said.
But he declined to say what his missteps were. "Those are the kinds of things ... you quietly keep inside yourself, you take them to heart and eventually apply them at another day."
Flexing His Political Muscle
Tauzin had a sophisticated information operation in place to combat the bill's critics. Every time a critical ad came out or opposing lobbyists raised questions for lawmakers who think a DSLAM, the line that connects a customer's modem with the Internet backbone, is a wrestling move, Tauzin and his allies would sponsor briefings to explain their views.
But some members, including Republican members of Tauzin's committee, just did not like the bill. Reps. Charles (Chip) Pickering of Mississippi, Joseph Pitts of Pennsylvania and Heather Wilson of New Mexico are cases in point.
During floor consideration, Wilson declined to sponsor an amendment similar to one she cosponsored in committee that Tauzin had said would gut his bill. Pitts initially signed on but removed his name after a chat with Tauzin. Wilson's spokeswoman declined to return calls, but a spokesman for Pitts said Tauzin "personally appealed to Congressman Pitts to remove his name from the amendment to protect the Commerce Committee's jurisdiction, and he agreed to do so but still supported the amendment."
Cannon and Michigan Democrat John Conyers, chief sponsors of the amendment that triggered floor controversy, serve on the Judiciary Committee. Commerce Committee member Edward Markey, D-Mass., also cosponsored the amendment.
Sources familiar with the situation say those lawmakers' decisions came after harsh talks with Tauzin. "There were some members who were directly threatened and intimidated," a source said.
Support of a powerful committee chairman can be integral to fundraising, particularly during an election year, and helps gain committee action on favored bills. The fight became so nasty, and it seemed that Tauzin took it so personally, that some opponents fear he will hold a grudge.
Tauzin insists that is not the case, because alliances shift from issue to issue, but added "I don't have to go out of my way to help a few people for a little while, but I'm not going to hurt anybody."
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