FCC Votes Unanimously on Procedural Reforms Changes include tightening ex parte rules and delegating authority to dismiss some challenges to FCC decisions
By John Eggerton Broadcasting & Cable 2/19/2010 8:01:29 AM http://www.broadcastingcable.com/article/450018-FCC_Votes_Unanimously_on_Procedural_Reforms.php As expected, the FCC voted Feb. 18 to make a number of procedural changes to its processes, including tightening ex parte rules and delegating authority to dismiss some challenges to FCC decisions. Those changes include requiring third parties to provide more information to the FCC when they make required ex parte filings about their meetings with FCC commissioners and staff about docketed proceedings. Rather than simply say a meeting was held on a particular topic, those filings would be required to summarize the presentations or reference where that material can be found. The FCC would also require filings about any meetings, not just ones that raise new issues or provide new data. It also sought comment on whether it should require ownership information on parties meeting with the commission. In addition to changes in the ex parte filings, in a separate notice of proposed rulemaking (both of which were unanimously approved), the FCC said it wanted to delegate authority to bureau and office chiefs to dismiss challenges to FCC commission decisions that are procedurally defective. That was among a number of procedural changes the FCC said would help produce more efficient and effective regulation. "This is all part of an ongoing effort to have the FCC become a model for excellence," said FCC Chairman Julius Genachowski. Commissioner Michael Copps, who launched the ex parte reforms as acting chairman last year, called the changes a down payment on broader reform. "Reform has clearly and happily come to the Federal Communications Commission," he said, adding that "much more work is ahead of us." He also put in a plug for a bill that would allow more than two commissioners to meet in private. Sunshine rules currently prevent a majority of commissioners from meeting outside public forums. Copps said that discourages collegiality, delays important decisions and disserves the public. Combined with the FCC's reforms approved Thursday, he said, the result would be historic reforms. Commissioner Robert McDowell, who has also called for FCC procedural reforms, generally praised the moves, but added that he was not sure the ex parte rules needed changing. He agreed that the current rules need better enforcement, however, and suggested that might do the trick. Part of the item approved Thursday includes a request for comment on how the FCC can improve enforcement. McDowell also said he had concerns that the reporting requirements for ex parte filers and making sure they were applied neutrally and did not fall more heavily on industry than on groups that were "funded differently." "Openness and transparency are greatly beneficial to the public, because citizens' groups lack the resources to have meetings with Commission staff with the same frequency as do industry representatives," said Media Access Project President Andrew Schwartzman in an e-mailed statement. "MAP has long believed that the ex parte rules have been susceptible to evasion. We are therefore heartened that the Commission has taken steps for substantial improvement." -- ================================ George Antunes, Political Science Dept University of Houston; Houston, TX 77204 Voice: 713-743-3923 Fax: 713-743-3927 Mail: antunes at uh dot edu *********************************** * POST TO MEDIANEWS@ETSKYWARN.NET * *********************************** Medianews mailing list Medianews@etskywarn.net http://lists.etskywarn.net/mailman/listinfo/medianews
