Remarks of FCC Commissioner Michael O'Rielly on Implementing Regulatory Reform at the FCC

The Free State foundation has been a leading advocate for improving the Federal Communications Commission's process. That is what makes the focus of today's event on implementing regulatory reform at the FCC both timely and pertinent. How should we approach process reform and what should be the governing principles for presented ideas? First, the reform proposal must improve the functionality of the FCC. Second, any ideas should improve the FCC's legitimacy. Third, reform should lead to greater transparency of FCC actions and decisions. Fourth, any reform idea should not attempt to undermine the authority of the majority. Substantive Reform Proposals & Ideas: Over the last many months I have penned nine blog posts outlining differing ideas: 1) Posting meeting items in advance 2) Post adoption process & editorial privileges 3) Pre-adoption process 4) Guest speakers and questions of "witnesses" 5) Establishing time limits & sunsets 6) Delegation of matters to staff, 7) Predictive judgment & interim rules 8) The FCC's advisory committees 9) Enforcement accountability for fines and penalties.

New Ideas: First, I suggest that the FCC should be obligated to justify why and how each statutory provision is used in an item. Second, as long as the Process Review Task Force is going to examine other agency practices, we should give a hard look to one used by the Federal Trade Commission, which can vote to bar staff from working on a subject if three Commissioners vote to do so. Third, we should publish any rules adopted at an Open Meeting on the same day. Last and not least, the FCC should establish formal rules for all of its internal procedures contained in the Code of Federal Regulations, not just an informal and out-of-date internal handbook. Let's provide a little more sunlight so everyone knows the process by which items will be considered.