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IP: Reflections on FCC meetings.


From: Dave Farber <dave () farber net>
Date: Sun, 12 May 2002 13:37:08 -0400


------ Forwarded Message
From: Dewayne Hendricks <dewayne () warpspeed com>

[Note:  This item comes from reader Benn Kobb.  DLH]

At 7:07 -0700 5/11/02, Bennett Kobb wrote:
From: Bennett Kobb <bkobb () newsignals com>
To: dewayne () warpspeed com
Subject: Reflections on FCC meetings.
Date: Sat, 11 May 2002 07:07:13 -0700
MIME-Version: 1.0

Dave Hughes remarked that he wants to testify before the FCC
Commissioners on an item he is concerned about (Amateur Service
spectrum). Of course, public testimony to Commissioners in a formal
public meeting almost never happens.

There are infrequent "en banc" hearings before the Commission, but
the witness list is carefully controlled. There is no application
form to try to get to testify, and members of the public are usually
not welcome to speak. Witnesses are usually CEOs, counsel for trade
associations, economists and the like -- the same folks who work
year round to influence FCC policy anyway.

That spectrum item probably won't come before the Commissioners in a
public meeting at all. Most Amateur Radio items are not considered
important enough to take up time at the FCC's legally required
monthly meetings. The items are normally handled 'on circulation',
meaning the Commissioners read the bureaus' proposals on their own
time and vote by computer.

I found a couple of exceptions. One is when there simply isn't
enough interesting stuff to vote on at the required meeting. So they
dig a little deeper and pull out the technogeek stuff that may be
less interesting -- but nevertheless is ready for a vote -- and put
it on the agenda.

Obscure FCC staffers are called into the limelight to present such
an item to the Commissioners. They offer the staffers a few pats on
the head, and chuckle about the obscurity of the item and the people
whose job it is to think about it.

The other occasion is what I call a "Notice of Proposed Happy
Making." This is an item they think will make some group really
happy (like giving them spectrum, or something supposed to help
consumers) and the FCC wants publicity for it.

When you walk into the FCC meeting room and you see CNN and other TV
cameras present, it's either Happy Time, or AOL Time Warner is
merging with AT&T Comcast.

The 2.4 GHz item is probably not happy enough to warrant that treatment.

I have attended many FCC meetings and can remember only one
occasion, in 1984, when an outburst came from a member of the
audience.

The subject matter was of intense interest to me: allocation of
spectrum for something called PRCS -- a sophisticated 800 MHz
license-free, trunking mobile radio and phone system. The FCC had
been working on it since the 70s. The cellular phone industry and
Motorola were aghast at PRCS and fiercely opposed it. An
experimental PRCS system was on the air in Washington.

The item was placed on the agenda, but abruptly removed -- often a
sign of high political temperature. It was handled at a subsequent
meeting.

It was not clear which way the Commissioners would vote. When it
seemed like they might actually authorize PRCS, a member of the
audience stood up and started loudly railing against the proposal.
This was so unusual and shocking -- even more so, because the person
protesting was James McKinney, the former chief of the FCC's
wireless bureau and no longer a FCC employee.

He said that if the FCC allowed the public to have this service, the
FCC would never be able to control it. He eventually sat down amid
some nervous laughter. The Commissioners then voted against PRCS (50
FR 865, 1985).

Anyway, the whole incident was memorable. The FCC is much more
security conscious nowadays. If someone were to address the
Commissioners without permission, they might not even get out an
entire sentence before security people grab them.

Benn



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