Independence, the president and the FCC

[Commentary] Independent regulatory agencies are strange creatures.

They are part of the government, yet not immediately accountable to elected officials. But one reason Congress and other legislatures around the world create independent agencies is to insulate their decision-making processes from short-term political pressures. On the one hand, independence is especially important when confronting issues that have become politicized and tempers run hot -- precisely the times it is difficult for politicians to sit on the sidelines. On the other hand, especially when making controversial decisions, we don't necessarily want agencies to be completely removed from society's preferences, expressed through our elected officials, or to be unaccountable for decisions. That's why Congress has oversight authority over the Federal Communications Commission and affected parties can challenge FCC decisions in court.

If the president and Congress feel the agency no longer adequately reflects their preferences, they should change its status to make it more politically accountable. In the meantime, the President should respect the commission's independence and be happy that FCC Chairman Tom Wheeler agreed to put his comments into the public record, even though the comment period has expired.

[Wallsten is vice president for research and senior fellow at the Technology Policy Institute]