Update on Advance Posting of Commission Meeting Items

In August 2014, I wrote a blog post urging the Federal Communications Commission to post on its website the actual text of the items to be considered at our Open Meetings at the same time they are provided to Commissioners.

I made the suggestion because the inability of the public to obtain a complete picture of what is in a pending notice of proposed rulemaking or order routinely leads to confusion over what exactly is at stake. Making matters worse, Commissioners are not allowed to reveal the substantive details to outside parties. We can’t even correct inaccurate impressions that stakeholders may have received, and we are barred from discussing what changes we are seeking. This barrier to a fulsome exchange can be extremely frustrating for all involved.

Four months later, we have yet to post a single meeting item in advance. Why? 1) It could be harder to comply with the Administrative Procedure Act (APA); and 2) It could be more difficult to withhold documents under the Freedom of Information Act (FOIA). I do not find either argument persuasive or insurmountable.