House Communications and Technology Subcommittee Chairman Greg Walden (R-OR) and Vice Chairman Bob Latta (R-OH) expressed dismay with the latest evidence of opaque decision-making at the FCC, including reports that final items were not distributed to FCC Commissioners for the 7/11 open meeting until just before the vote.
“The chairman did not need to do it this way. Deliberations at the FCC need to include all commissioners. Period,” said Walden. “When commissioners don’t receive drafts of proposals until shortly before the vote, there has been a colossal breakdown of process, collegiality, and trust that should characterize the work of the commission. If Chairman Wheeler’s intent is to keep his fellow commissioners in the dark and uninformed – then job well done. But for the sake of sound policymaking, public confidence and good process, commissioners should have ample time and ability to thoughtfully consider items before voting on them.”
“Today’s item on improving the Universal Service Fund schools and libraries program could have been a bipartisan success story – bringing 21st century educational tools to the students that need them to thrive,” said Latta. “Unfortunately, Chairman Wheeler’s ‘my way or the highway’ approach to working with his fellow commissioners has resulted in a partisan outcome that will ultimately place new costs on American consumers. The American people deserve better.”
Noted Francisco Montero, Managing Partner, Fletcher, Heald & Hildreth, P.L.C.: “The ability of the FCC Chairman to control the agenda, enjoy access to bureau and office analyses and set the timing of votes is not a new story. It is one of the spoils of winning the national election. The President gets to pick the chair and fill a majority of the commissioners from his own party. It is a lot of power. The FCC Chairman has the organs of the agency at his/her disposal. I have no doubt that FCC Chairman Wheeler knows how to exercise his agenda-setting authority. He certainly did it in the lightening-fast scheduling of the TV JSA vote in March, despite pleas from the minority and broadcasters to push back the vote. When I was an office chief at the FCC in the 90’s, the scheduling of votes on a wide variety of issues ranging from the then-E-Rate to LPFMs to the unbundling of telephone networks could be particularly contentious between Democrats and Republicans. Still, if you think this tactic is confined to Democrats, think again. It is not new and no one party has a monopoly invoking it. Republican FCC Chairman Martin was frequently accused of abusing his control of the agenda, micro-managing the bureaus and restricting access by other commissioners to information and analyses. Still, I do agree that Chairman Wheeler is developing a ‘my-way-or-the-highway’ reputation in the way he wields that authority. In the end, although the FCC Chairman is appointed by the President, the agency is a creature Congress. And if anyone can exert pressure on the Chairman’s unfettered authority, it is Congress.”
