FCC Reform

While I previously proposed fixes to improve the circulation process by making the documents public and addressing what amounts to stale items and those converted to Open Meeting items, we also need to update and improve the process for voting circulation items.  Unlike items disposed of at the Commission’s monthly Open Meetings, items circulated to Commissioners for consideration outside of the meetings (those on the Circulation List) have no voting deadline until they enter “must vote” status.

This report presents a recommended plan for reforms at the Federal Communications Commission —encompassing organizational structures, authorities, and practices—to better incorporate economic analysis as well as data management as part of the agency’s regular operation. The centerpiece of this plan is a new Office of Economics and Analytics (OEA), with delegated authority designed to better integrate economic analysis into the FCC’s decision-making. The plan also identifies a set of new practices intended to make such integration common across the agency.

Federal Communications Commission Chairman Ajit Pai announced that the following items are tentatively on the agenda for the January Open Commission Meeting scheduled for Tuesday, January 30, 2018:

A large group of associations representing smaller entities has called on the bipartisan leadership of the HouseCommerce Committee to support a bipartisan bill providing them some regulatory relief at the Federal Communications Commission. They wrote the chair and ranking member of the committee to register their support for the Small Entity Regulatory Relief Opportunity (SERRO) Act (HR 3787), which is being considered as part of legislation to reauthorize the FCC now being considered by the full committee.

Federal Communications Commission Chairman Ajit Pai has officially declared an end to the pilot project of publishing the text of meeting items three weeks before they are voted, but only to declare it his policy going forward. That came at a press conference following the FCC's public meeting Oct 24.

The chairman early on instituted the test as part of his transparency agenda. Asked at the meeting about the status of the test, he first said it had been a success and making it permanent was certainly something he was willing to discuss with his colleagues and "working with the commission staff to determine the feasibility and benefits of doing so. But after a pause, he continued: "In fact, you know what, let's just go ahead and declare the pilot over. It is not the official policy of the FCC to release these at least three weeks in advance of the monthly meeting." As leader of the loyal opposition under former FCC Chairman Tom Wheeler, Ajit Pai was a frequent critic of FCC process, saying it lacked transparency—he has long argued for letting the public know what is being voted on at public meetings—and said it was the kind of regulatory certainty that a competitive marketplace needs.

Democratic Reps of the House Commerce Committee, a panel considering the first reauthorization of the Federal Communications Commission in 27 years, are finding some common cause with their Senate Republican counterparts in efforts likely to help the broadcasting industry. The Democratic Reps and Senate Commerce Committee Republicans both support some version of the Viewer Protection Act, introduced by House Commerce Ranking Member Frank Pallone (D-NJ).

The House bill would create a $1 billion fund to facilitate broadcasters’ move to other channels — in a process known as repacking — after they gave up their low-band spectrum for an FCC auction offered to wireless carriers that want to use those airwaves for next-generation services. Pallone’s legislation also calls for $90 million that would go specifically toward educating viewers on the transition. Across the Capitol, several Senate Commerce Committee Republicans support legislation similar to the Viewer Protection Act.

The House Communications Subcommittee plans to hold a Federal Communication Commission oversight hearing Oct 25. Democratic members of the committee on Oct. 12 called for a hearing at which the commissioners would pledge not to target news outlets over their coverage of the Administration—as President Donald Trump has urged—but a source said it was a routing hearing that had been in the works for several weeks as they tried to work out availabilities. The subcommittee postponed an earlier FCC oversight hearing, and this week referred a bill reauthorizing the agency and to the full committee with work still to do on it. Invites have gone out to all the commissioners and they have until noon Oct 13 to respond.

The House Communications Subcommittee on Oct 11 marked up a bipartisan discussion draft of legislation reauthorizing the Federal Communications Commission and made short work of it, voting unanimously to refer the draft to the full House Commerce Committee and taking less than a half hour to do it. It will be the first reauthorization of the agency in more than 25 years. Reauthorization is a chance to legislate various changes in how the FCC does business, including process reforms and, in one particular instance broadcasters are following closely, how it repacks TV stations post-auction.

One reason for the smooth sailing is that some amendments will not be introduced until the full committee mark-up and the various provisions already in the draft include bills backed by Democratic Reps, including boosting public safety, wireless coverage data collection, cybersecurity, and bipartisan FCC process reform language that has twice passed the House. Rep Anna Eshoo's (D-CA) FCC Collaboration Act is also included, which would allow more than two commissioners to meet outside of public meetings so long as certain sunshine criteria are met. "I don’t know how many [times] I have introduced that in," Rep Eshoo said. "Maybe this is the magic year for that." Citing some of those provisions, Full Committee Ranking Member Frank Pallone (D-NJ) said in his opening statement that the draft was "a good first start," but added, "We still have critical work to do before I can support reporting this bill out of the full committee." Rep Mike Doyle (D-PA) said the bill was a good-faith, bipartisan effort by the majority, but also said it needed improving. That mark-up is likely to be longer and more contentious.

One priority for Senate Commerce Committee Chairman John Thune (R-SD) is reauthorizing the Federal Communications Commission, which hasn’t happened since 1990.

His bipartisan bill to do so stalled on the Senate floor last Congress, and while he’s said he wants to revive the effort, don’t expect action for months. “That probably doesn’t happen this year,” said Chairman Thune citing plenty of other priorities to tackle first. What could go into the eventual package? Chairman Thune mentioned that “transparency and accountability” provisions and some pieces of his FCC Process Reform Act might make it in, although he said some parts are “too controversial and wouldn’t be included” this time around. He’s also in no rush to craft legislation overhauling the FCC’s Lifeline program, but “if there’s an FCC reauthorization, that might be the window to do that.”

The House Commerce Committee had mentioned FCC reauthorization as a priority for September. Rep. Mike Doyle (D-PA), ranking Democrat on the Communications and Technology Subcommittee, said he hadn't heard anything on that front. "We've got a lot to do and not much time," he said.

By this Public Notice, the Federal Communications Commission announces the states that will be part of the initial launch of the National Lifeline Eligibility Verifier (National Verifier). The Commission established the National Verifier in the 2016 Lifeline Order to make eligibility determinations and perform a variety of other functions necessary to enroll subscribers into the Lifeline program. The National Verifier will verify Lifeline subscriber eligibility, conduct checks to prevent duplicate benefits, recertify subscriber eligibility, and calculate support payments to eligible telecommunications carriers (ETCs). In the 2016 Lifeline Order, the Commission set as an expectation that the Universal Service Administrative Company (USAC) would deploy the National Verifier in at least five states by December 31, 2017.3 USAC has announced that the National Verifier will launch in six states – Colorado, Mississippi, Montana, New Mexico, Utah, and Wyoming – in December 2017. The National Verifier will have a soft launch date of December 5, 2017, and a hard launch date of March 13, 2018.