Marion Berry on Technology
Democratic Representative (AR-1)
Voted YES on delaying digital TV conversion by four months.
Congressional Summary:Amends the Digital Television Transition and Public Safety Act to delay the transition of television broadcasting from analog to digital to June 13, 2009. Requires the Federal Communications Commission (FCC) to extend for a 116-day period the licenses for recovered spectrum, including the construction requirements associated with those licenses.
Proponent's argument to vote Yes:Rep. RICK BOUCHER (D, VA-9): Fully 6.5 million households are totally unprepared for the transition on February 17; these 6.5 million households will lose all of their television service, and that number represents about 5.7% of the total American television viewing public. If almost 6%of the nation's households lose all of their television service, I think that most people would declare that the digital television transition has been a failure. In recognition of that reality, this legislation would delay the transition until June 12.
Opponent's argument to vote No:Rep. JOE LINUS BARTON (R, TX-6): The majority is trying to fix a problem that I do not think really exists. We have sent out 33 million coupons: 22 million of those coupons have been redeemed, and 11 million coupons are outstanding. The outstanding coupons are being redeemed, I think, by about 500,000 a week, something like that. In my opinion, you could keep the hard date and not have a problem, but if you think there is a problem, it is not from lack of money. We have appropriated $1.3 billion. About half of that is still in the Treasury, so the redemption rate is only about 52%. Even though we are delaying this until June 12 if this bill becomes law, according to the acting chairman of the FCC, 61% of the television stations in America are going to go ahead and convert to digital. 143 television stations already have converted, and in those areas where they have converted, I am not aware that there has been a huge problem.
Reference: DTV Delay Act;
; vote number 2009-H052
on Mar 4, 2009
Voted YES on retroactive immunity for telecoms' warrantless surveillance.
Proponents argument for voting YEA:Rep. ETHERIDGE. This bipartisan bill provides the critical tools that our intelligence community needs to ensure the safety of our Nation--to authorize surveillance in the case of an emergency situation, p
companies that participated in the Bush administration's warrantless surveillance program. It sets a dangerous precedent for Congress to approve a law that dismisses ongoing court cases simply on the basis that the companies can show that the administrat
Reference: FISA Amendments Act;
; vote number 2008-437
on Jun 20, 2008
Voted YES on $23B instead of $4.9B for waterway infrastructure.
Vote on overriding Pres. Bush's veto. The bill reauthorizes the Water Resources Development Act (WRDA): to provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States. The bill authorizes flood control, navigation, and environmental projects and studies by the Army Corps of Engineers. Also authorizes projects for navigation, ecosystem or environmental restoration, and hurricane, flood, or storm damage reduction in 23 states including Louisiana.
Veto message from President Bush:
This bill lacks fiscal discipline. I fully support funding for water resources projects that will yield high economic and environmental returns. Each year my budget has proposed reasonable and responsible funding, including $4.9 billion for 2008, to support the Army Corps of Engineers' main missions. However, this authorization bill costs over $23 billion. This is not fiscally responsible, particularly when local communities have been waiting for funding for projects already in the pipeline. The bill's excessive authorization for over 900 projects and programs exacerbates the massive backlog of ongoing Corps construction projects, which will require an additional $38 billion in future appropriations to complete. This bill does not set priorities. I urge the Congress to send me a fiscally responsible bill that sets priorities.
Reference: Veto override on Water Resources Development Act;
Bill Veto override on H.R. 1495
; vote number 2007-1040
on Nov 6, 2007
Voted NO on establishing "network neutrality" (non-tiered Internet).
An amendment, sponsored by Rep Markey (D, MA) which establishes "network neutrality" by requiring that broadband network service providers have the following duties:
Proponents say that network neutrality ensures that everybody is treated alike with regard to use of the Internet,
which has been a principle applied to Internet use since it was first originated. Proponents say that without network neutrality, large corporations will pay for exclusive preferential service and hence small websites will be relegated to a second tier of inferior service. Opponents say that the Markey amendment forsakes the free market in favor of government price controls, and would chill investment in broadband network and deployment of new broadband services, and would reduce choice for internet users. Voting YES favors the network neutrality viewpoint over the price control viewpoint.
Reference: Communications, Opportunity, Promotion, and Enhancement Act;
Bill HR 5252 Amendment 987
; vote number 2006-239
on Jun 8, 2006
- not to block or interfere with the ability of any person to use a broadband connection to access the Internet;
- to operate its broadband network in a nondiscriminatory manner so that any person can offer or provide content and services over the broadband network with equivalent or better capability than the provider extends to itself or affiliated parties, and without the imposition of a charge for such nondiscriminatory network operation;
- if the provider prioritizes or offers enhanced quality of service to data of a particular type, to prioritize or offer enhanced quality of service to all data of that type without imposing a surcharge or other consideration for such prioritization or enhanced quality of service.
Voted YES on increasing fines for indecent broadcasting.
Broadcast Decency Enforcement Act of 2005: Expresses the sense of Congress that broadcast television station licensees should reinstitute a family viewing policy for broadcasters. Amends the Communications Act of 1934 to provide that for violators of any Federal Communications Commission (FCC) license, if a violator is determined by the FCC to have broadcast obscene, indecent, or profane material, the amount of forfeiture penalty shall not exceed $500,000 for each violation. Sets forth:
Reference: Bill sponsored by Rep. Fred Upton [R, MI-6];
; vote number 2005-035
on Feb 16, 2005
- additional factors for determining indecency penalties;
- indecency penalties for non-licensees;
- deadlines for actions on complaints;
- additional remedies for indecent broadcasts; and
- provisions for license disqualification, revocation, or renewal consideration for violations of indecency prohibitions.
Voted NO on promoting commercial human space flight industry.
Commercial Space Launch Amendments Act of 2004: States that Congress finds that:
Reference: Bill sponsored by Rep Dana Rohrabacher [R, CA-46];
; vote number 2004-541
on Nov 20, 2004
- the goal of safely opening space to the American people and to their private commercial enterprises should guide Federal space investments, policies, and regulations;
- private industry has begun to develop commercial launch vehicles capable of carrying human beings into space;
- greater private investment in these efforts will stimulate the commercial space transportation industry;
- space transportation is inherently risky, and the future of the commercial human space flight industry will depend on its ability to continually improve its safety performance; and
- the regulatory standards governing human space flight must evolve as the industry matures so that regulations neither stifle technology development nor expose crew or space flight participants to avoidable risks as the public comes to expect greater safety for crew and space flight participants from the industry.
Voted YES on banning Internet gambling by credit card.
Internet Gambling Bill: Vote to pass a bill that would prohibit credit card companies and other financial institutions from processing Internet gambling transactions. Exempt from the ban would be state regulated or licensed transactions.
Reference: Bill sponsored by Spencer, R-AL;
Bill HR 2143
; vote number 2003-255
on Jun 10, 2003
Voted YES on allowing telephone monopolies to offer Internet access.
Internet Freedom and Broadband Deployment Act of 2001: Vote to pass a bill that would allow the four regional Bell telephone companies to enter the high-speed Internet access market via their long-distance connections whether or not they have allowed competitors into their local markets as required under the 1996 Telecommunications Act. The bill would allow the Bells to increase the fees they charge competitors for lines upgraded for broadband services from "wholesale rates" to "just and reasonable rates." It also would also allow the Bells to charge for giving competitors access to certain rights-of-way for broadband access. Certain FCC regulatory oversight would be maintained although the phone companies' high speed services would be exempted from regulation by the states.
Reference: Bill sponsored by Tauzin, R-LA;
Bill HR 1542
; vote number 2002-45
on Feb 27, 2002
Permanent ban on state & local taxation of Internet access.
Berry co-sponsored permanently banning state & local taxation of Internet access
Permanent Internet Tax Freedom Act of 2007 - Amends the Internet Tax Freedom Act to make permanent the ban on state and local taxation of Internet access and on multiple or discriminatory taxes on electronic commerce.
Related bills: H.R.743, H.R.1077, H.R.3678, S.156.
Source: Permanent Internet Tax Freedom Act (S.2128) 07-S2128 on Oct 2, 2007
Popularize Electronic Signatures with ESIGN Day.
Berry signed H.CON.RES.290 & S.RES.576
CONCURRENT RESOLUTION to support the designation of a National ESIGN Day:
- Whereas the Electronic Signatures in Global and National Commerce Act (ESIGN) was enacted on June 30, 2000, to ensure that a signature, contract, or other record relating to a transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form;
- Whereas June 30, 2010, marks the 10th anniversary of the enactment of ESIGN and would be an appropriate date to designate as 'National ESIGN Day':
Now, therefore, be it Resolved that Congress supports the designation of a 'National ESIGN Day';
Source: National ESIGN Day 10-HR290 on Jun 24, 2010
- recognizes the previous contribution made by Congress to the adoption of modern solutions that keep the United States on the leading technological edge; and
- reaffirms its commitment to facilitating interstate and foreign commerce in an increasingly digital world.
No performance royalties for radio music.
Berry signed Local Radio Freedom Act
CONCURRENT RESOLUTION Supporting the Local Radio Freedom Act
Source: SCR.14&HCR.49 2009-SCR14 on Mar 30, 2009
- Whereas the US enjoys broadcasting and sound recording industries that are the envy of the world, due to the symbiotic relationship that has existed among these industries for many decades;
- Whereas for more than 80 years, Congress has rejected repeated calls by the recording industry to impose a performance fee on local radio stations for simply playing music on the radio;
- Whereas local radio stations provide free publicity and promotion to the recording industry and performers of music in the form of radio air play, interviews with performers, introduction of new performers, and concert promotions;
Whereas Congress found that 'the sale of many sound recordings and the careers of many performers benefited considerably from airplay and other over-the-air broadcasting;
- Whereas there are many thousands of local radio stations that will suffer severe economic hardship if any new performance fee is imposed, as will many other small businesses that play music including bars, restaurants, shopping centers and transportation facilities;
- Resolved: That Congress should not impose any new performance fee, tax, royalty, or other charge relating to the public performance of sound recordings on a local radio station for broadcasting sound recordings over-the-air, or on any business for such public performance of sound recordings.
Page last updated: Sep 15, 2010