Tuesday, May 13, 2008

Transparency at the FCC

Here's another story about increased transparency in government, this time at the Federal Communications Commission. The story is in the National Journal, which requires a subscription, but you may be able to sneak in.

It's a simple enough proposal, the FCC will now issue press releases stating the agenda of their meetings, three weeks prior to the meeting rather than one week. Not a big deal on the surface but the smaller the amount of time before the meeting, the greater control the FCC had in its meetings. The change was not entirely voluntary, but is in fact an example of checks and balances:

The announcement, and the press conference itself, were the direct result of pressure on Martin from the House Energy and Commerce Committee, which is conducting a months-long review of the FCC and its regulatory practices. Four days later, on April 28, an internal Energy and Commerce staff memo tightened the squeeze when it recommended holding oversight hearings in June, asserting, "The FCC process appears broken and most of the blame appears to rest with Chairman [Kevin] Martin."

In an effort to tamp down such criticism, the chairman has instituted a series of unilateral moves designed to make the FCC more transparent. "I've tried to be responsive to individual concerns that people have raised about the public not being aware enough about some of the issues that were in front of us,"


Congress has been critical of FCC actions as have members of the FCC itself. Much of the criticism is based on process:

Jonathan Adelstein, one of two Democrats on the five-member commission, delivered unusually candid remarks at a forum on Maryland's Eastern Shore last weekend, saying that the Federal Trade Commission is the model for how the FCC should be run. "They have a wonderful collegial atmosphere; they work together on things; they have an open, transparent process," he said. Noting that FCC regulators sometimes have to "beg and plead" to obtain data within the agency, he said, "There should be no fear about sharing information or having an open dialogue."

"The processes that the commission follows are exactly the same as when I actually worked in, physically in, the same office that Commissioner Adelstein is in now," Martin told NJ, referring to his days as an adviser to another regulator.

Critics offered a laundry list of additional steps the chairman could take to make the commission more transparent: requiring more-detailed disclosures of meetings involving FCC officials and outside parties; enforcing deadlines for merger reviews and responses to congressional inquiries; and allowing the public to comment on reports before they are final. Martin's efforts dovetail with the timing of the investigation.


Here's an example of what the beef was about:

Until recently, Martin conducted 11th-hour horse-trading on the eve of public meetings that led to delays of almost 12 hours. Some meetings scheduled for morning commenced at night, and reporters would hold betting pools on when each session would begin.

Uncertainty provides opportunities for politics and manipulation. The commission is continually under scrutiny for having cozy relationships with the interests they regulate. The move may, or may not, eradicate that.