Recap: FCC Oversight Hearing

The Communications and Technology Subcommittee of the House Commerce Committee gathered all Federal Communications Commission members for an oversight hearing. In general, there was more praise than criticism for the FCC’s work. Rep Anna Eshoo (D-CA), ranking member of the subcommittee, said FCC Chairman Tom Wheeler had 100% goodwill from the committee and she thought probably the entire Congress. FCC Commissioner Jessica Rosenworcel was praised for her E-rate advocacy, and former Acting Chair Mignon Clyburn was repeatedly hailed for her accomplishments.

The biggest controversy for new Chairman Wheeler walking into the hearing was his decision to begin a proceeding that could result in a lift in the ban on in-flight cellphone use. Chairman Wheeler was forced to defend the rulemaking by describing the FCC as a “technical agency.” “Where there is new onboard technology that eliminates the potential for interference, then there is no need for an interference rule,” said Chairman Wheeler. He went on to say that he had discussed the possible agency moves with Transportation Secretary Anthony Foxx. "I have spoken to Transportation Secretary Foxx this morning, and he has told me that yes, the FCC is the technical agency and that the Department of Transportation is the aviation agency and that they will be moving on a rule to address voice calls on airplanes," Chairman Wheeler said.

Past in-flight calls, Subcommittee Chairman Greg Walden (R-OR) blasted the FCC for failing to address “long overdue responsibilities,” such as the review of media ownership rules now nearly three years behind schedule. He also took the FCC to task for a study on reducing minority barriers to entry that he said crossed the line by investigating how broadcast stations make editorial decisions. Chairman Wheeler said that in order to determine whether there are barriers to entry, the FCC must get data, and that to collect data it needs to do studies. He said flatly that the study in question was not an effort to influence the media.
The members of the subcommittee was concerned about details and decisions that the FCC will need to make around the spectrum auction, which will provide much needed spectrum for the mobile marketplace and fund the public safety network. Chairman Wheeler promised that next month the FCC would start providing some of the information that the stakeholders need to make that decision, pointing out that "before he took this job I was in the business of doing business deals." He was a venture capitalist, and that was what the auction was. "This is a business decision that someone who has a license needs to make a decision about," he said.

Democrats wanted some assurances (and they got them) on a number of other issues, including network neutrality, making sure the agency would continue to work to expand broadband to schools through the E-rate program, and building out a next generation public safety network.

FCC Commissioner Ajit Pai said the commission shouldn’t ax its UHF discount without also considering raising its national cap on broadcast TV station ownership -- which currently bars broadcasters from owning television stations reaching more than 39% of the nation’s TV homes. “This step is long overdue, notwithstanding any change to the UHF discount,” said Commissioner Pai. “Eliminating the UHF discount would substantially tighten the national ownership limit.” Pai’s comments were quickly endorsed by the National Association of Broadcasters.