FCC Should Take Steps to Ensure Equal Access to Rulemaking Information

FCC SHOULD TAKE STEPS TO ENSURE ACCESS TO RULEMAKING INFORMATION
[SOURCE: Government Accountability Office, AUTHOR: Mark Goldstein]
In response to a congressional request on FCC rulemaking, GAO 1) described FCC’s rulemaking process; 2) determined, for specific rulemakings, the extent to which FCC followed its process; and 3) identified factors that contributed to some dockets and rulemakings remaining open. GAO reviewed recent FCC rules, interviewed FCC officials and stakeholders, and conducted case studies of rulemakings. To ensure transparency in the rulemaking process, GAO recommends that the FCC Chairman take steps to ensure equal access to rulemaking information, particularly in regard to the disclosure of information about proposed rules that are scheduled to be considered by the commission, by developing and maintaining 1) procedures to ensure that nonpublic information will not be disclosed and 2) a series of actions that will occur if the information is disclosed, such as referral to the Inspector General and providing the information to all stakeholders. (GAO-07-1046)
http://www.gao.gov/cgi-bin/getrpt?GAO-07-1046
Highlights - http://www.gao.gov/highlights/d071046high.pdf

* Statement from Rep Ed Markey:
"The FCC has a duty to be above-board in developing and implementing its rules. When the ‘corporate insiders’ and ‘K-Street’ crowd have the inside track on decisions critical to telecommunications, media, broadband or wireless policy, then the public and consumers, are at an inherent disadvantage. Both the law and the public interest, require that rulemaking decisions adhere to principles of openness and objectivity. The good news is that the FCC has rules against disclosing inside information before everyone knows it publicly. The bad news is that it appears violations of such rules are a daily reality at the FCC. I believe the FCC should take immediate steps to protect the integrity of its rulemaking process. The public deserves to know that these decisions are made on the up-and-up, with no unfair advantage to any one side in these important policy debate."
http://markey.house.gov/index.php?option=com_content&task=view&id=3121&I...

* Making (and Breaking) FCC Rules
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/03/AR200710...