Barton Issues FCC Reform Draft Bill

Rep Joe Barton (R-TX), the former chairman of the House Commerce Committee, is circulating draft legislation aimed at forcing the Federal Communications Commission to act more openly under predictable deadlines. The legislation would require the FCC to break old habits that have angered regulated industries and consumer groups alike. The bill would not allow the FCC to adopt, modify or delete a final regulation without publishing the specific rule in advance. Before voting, the FCC would have to give the public 60 days to comment on proposed rules, and the chairman would not be allowed to rush the other commissioners into voting immediately after the 60-day window had closed. The bill would end the FCC's practice of seeking public comment on vaguely worded proposals and then adopting related rules that no had a chance to review. The current process effectively forces parties to seek reconsideration by the FCC or take the FCC to court. Relative to internal deadlines, the bill would give the FCC no more than 30 days to publish "any order, decision, report or action" previously adopted. The agency would also need to publish annually its "anticipated release schedule" for all statistical reports. A House aide said the draft bill's intent was to get a conversation going among lawmakers about ways of reforming the FCC.