Rep. Dingell expresses "grave concerns" about FCC's decision-making process
The U.S. House Committee on Energy and Commerce announced this week that it was launching a formal investigation into the FCC’s regulatory procedures “to determine if they are being conducted in a fair, open, efficient and transparent manner.”
The U.S. House Committee on Energy and Commerce announced this week that it was launching a formal investigation into the FCC’s regulatory procedures “to determine if they are being conducted in a fair, open, efficient and transparent manner.”
The investigation stems from concerns raised last year by committee chairman John Dingell (D- Mich.) about the committee’s rule-making process on a number of issues, including rules designed to promote competition in local media markets. In a statement made to the FCC last year, for instance, Dingell said he had “grave concerns” about proposed rule changes that would allow for greater media consolidation because of “the lack of time to review comments on the proposed rule.” Dingell pointedly said at the time that he believed the lack of time provided to review the proposed rule changes was indicative of a broader breakdown within the FCC itself.
“In recent months, we have heard about many FCC agenda meetings postponed all day while closed-door negotiations on important public matters are conducted,” he said. “We have heard too many tales of a short-circuited decision-making process. In sum, the FCC appears to be broken.”
Days earlier, Dingell had written to FCC Chairman Kevin Martin and had informed him of his concerns regarding the FCC’s procedures. In particular, he said the FCC gave “little public notice for certain proposed Commission actions” and that “Commissioners are often not informed of the details of the draft items until it is too late to provide the necessary scrutiny.” Dingell also made reference to some colleagues within the FCC who “alleged that relevant data was withheld from public view in order to influence a vote in your favor.”
In a response letter, Martin defended the FCC’s procedures by noting that his approach “has been to try to address concerns raised by my colleagues whenever possible including those raised a day before or even an hour before a scheduled open meeting.” While he acknowledged that this practice could result in “a less orderly process,” he said it was necessary to build bipartisan consensus within the commission. Currently, the FCC is composed of three Republicans and two Democrats.
In their investigation announcement this week, the Energy and Commerce Committee members said they would address “a growing number of allegations received by the Committee relating to management practices that may affect the agency’s operation.” The committee informed the FCC that it would be interviewing FCC employees, and requested that the FCC notify all its employees of their right to communicate with Congress. Additionally, the committee instructed the FCC to preserve all of its electronic records, including work and personal e-mail.
