FCC’s Pre-Adoption Process Also Needs Work

I want to draw attention to yet another Federal Communications Commission procedure that warrants significant review: the FCC’s pre-adoption process for Commission meeting items. For those who may not be familiar, Commissioners receive meeting items from staff, on behalf of the Chairman, not less than three weeks in advance of a Commission Agenda Meeting (this is the sole, additional document I believe can and should be made public at the time of its circulation inside the Commission). During the first two weeks, outside parties may meet with Commissioners and staff to advocate their views and seek changes, if necessary. The last week of the three-week period is the Sunshine period. During that time, parties may not proactively lobby the FCC, but Commissioners and staff are permitted to ask them questions. The Sunshine period allows Commissioners time to contemplate the complex issues, discuss matters with other offices, and respond to any issues raised during the prior two weeks. It is patently unfair to expect Commissioners to promptly read and provide feedback on an item when staff is working on a substantially different document to be provided later -- sometimes not until late the night before a vote. I hope that the Process Review Task Force and those considering FCC reauthorization and reform issues in Congress will take a serious look at pre-adoption procedures. In the meantime, I will continue to suggest ways to improve the workings of the FCC, and I welcome feedback and suggestions.