FCC Reform

A recently introduced Senate bill would create a dedicated office for rural-broadband expansion inside the Federal Communications Commission. If enacted, the legislation would order the FCC to create an Office of Rural Broadband. That new agency would coordinate with the National Telecommunications and Information Administration, the Agriculture Department’s Rural Utilities Service and the Universal Service Administrative Company — an FCC-backed nonprofit that distributes broadband funds to underfunded areas — to maintain information on federal rural broadband programs.

The Federal Communications Commission has voted to create a Fraud Division within its Enforcement Bureau. This action codifies and reiterates the importance of ongoing work by FCC enforcement staff to combat misuse of taxpayer funds. The new Fraud Division will be dedicated to investigating and prosecuting fraud in the Universal Service Fund (USF). This team will work closely with the FCC’s Office of Inspector General, the US Department of Justice, and other law enforcement agencies to prosecute unlawful conduct.

To help take the next leap towards a more efficient, accountable, and transparent Federal Communications Commission, I have scoured previous proposals, spoken to interested parties, and considered my own personal experiences, and have prepared a list of ideas designed to improve the Commission's processes for our licensees, practitioners, Commissioners, and, most importantly, American consumers. It's now time to publicly release these medium, small, and tiny, mostly non-mutually exclusive ideas, and have each produce feedback on its merits or pitfalls.

The Federal Communications Commission officially opened of the Office of Economics and Analytics (OEA). This new office will help consistently and thoroughly incorporate economic and data analysis into the policy-making work of the agency. OEA strengthens and centralizes the role of economic analysis by housing the vast majority of Commission economists in one office, including the entire staff of the former Office of Strategic Planning and Policy Analysis. The new office includes four divisions:

Establishment of the Office of Economics and Analytics. This action is taken to enhance the role of economic analysis, the design and implementation of auctions, and the use and management of data at the Federal Communications Commission. The FCC determined that the proper dispatch of its business and the public interest will be served by creating an Office of Economics and Analytics. In the Order, the FCC amended its Rules to reflect the new organizational structure, describe the Office’s functions and delegated authority, and make other conforming changes.

What will wake America up from its Thanksgiving day food coma? Here's the Federal Communications Commission’s December 2018 open meeting agenda:

[Oct 25's] announcement marks the start of the largest Federal Communications Commission reorganization in over a decade. As the new Office of Economics and Analytics gets off the ground I want to offer two ideas to ensure that its work is credible and consistent with the public interest. First, the work of this office must include peer review. It is unacceptable that so much of the recent economic work of this agency was not subject to any standard of peer review.  Second, the work of this office must be transparent.

The Federal Communications Commission has received all approvals required to launch its new Office of Economics and Analytics (OEA), clearing the way for the office to become operational by the end of 2019. The FCC earlier in 2018 voted to create OEA to better integrate the use of economics and data into its rulemakings and other proceedings. This reorganization of the agency required approval from the House and Senate Appropriations Committees and the Office of Management and Budget. It also required the FCC to reach an agreement with the National Treasury Employees Union.

Rep Adam Kinzinger (R-IL) has reintroduced the Federal Communications Commission Transparency Act (HR 6422), which would mandate that the FCC publish the drafts of items to be considered in a public meeting 21 days ahead of that vote.

As an initial matter, I largely refrain from discussing adjudicatory proceedings. However, since it appears that the document has been provided to the press by someone, I believe comment is warranted. In general, I have long stated that parties to merger applications are entitled to an answer from the Commission and have expressed deep objections to blindly sending decisions to the Commission’s Administrative Law Judge (ALJ).