Federal Communications Commission Reforms
The Federal Communications Commission (FCC) regulates how we get the news we need to govern ourselves, how we talk to one another over the phone or over the Internet, and whether everyone in the nation has easy and affordable access to the tools necessary to survive and succeed in the 21st century. These are among the most important activities in our country.
Recently, the FCC has come under increased scrutiny regarding the processes it uses to make the rules that govern the broadcasting industry. A Government Accountability Office (GAO) study showed that the FCC leaks information to telecommunication industry lobbyists. Congress complained that the FCC does not give enough time for public comment on proposed rules. Public interest advocates were outraged over routinely being given short notice about public hearings. Instances such as these demonstrate the need for FCC processes to be examined regularly and to find ways to improve them.
In many respects the FCC recapitulates the failure of the telecommunications market: a system in which incumbents with power arising from their great wealth determine outcomes without regard for the best interest of the majority of Americans. Just as only well-regulated markets can deliver genuine competition, only an FCC with transparent procedures in which incumbents do not routinely prevail can guarantee that the public’s airwaves are used for the public interest rather than the enrichment of special interests.
Solutions to Ensure the FCC Listens to the Public More Effectively
Common Cause, the Media Access Project and Econometric Research and Analysis offer a set of recommendations that Republicans and Democrats alike can support as simple, affordable ways to involve the public in the critical dialog over our media and digital future. These recommendations, if implemented, would boost public confidence in the FCC by making it more transparent and fair and a more efficient and effective enforcement agency:
Open Access for the Public, Not Just Industry Lobbyists
- Publish meeting agendas enough in advance to give fair warning.
- Publish a list of orders on circulation — items that are considered by commissioners without a need for discussion at an open or closed agenda meeting — and update the list on a regular, scheduled basis.
- Make it standard policy to allow 90 days for public comment after publication in the Federal Register and note Federal Register publication in the FCC’s daily digest.
- Hold more public forums outside D.C. and provide at least thirty days notice of any public forum. Moving out of D.C. would bring in fresh faces and fresh perspectives.
Open Up and Improve FCC Data
- Establish advisory committees to get outside expertise on data collection, data processing, and data presentation, in order to examine the “meta-questions” about these issues.
- Create better indexing of the FCC’s Electronic Comment Filing System (ECFS).
Attitude Adjustment/Make Better Use of Existing Authority and Resources
- Make better use of existing rules and resources: Nothing prevents the FCC from making voluntary surveys mandatory on pain of fine or license revocation for failure to comply. Nothing prevents the use of FCC enforcement data and data from other government agencies in making public policy.
- The FCC must do a better job enforcing its own rules in a fair and consistent manner: The common perception, based on experience, is that the FCC rarely enforces its public file requirements or responds to complaints from individuals or small businesses − especially when filed against large companies with regular business before the Commission.
- Attitude adjustment: While many FCC staff do their best to assist members of the public, too many seem to regard industry representatives as “clients” while regarding members of the public as “nuisances.”
|
|
