FCC Resumes Closed-Door Sessions with Telecom Lobbyists

[Dave Farber <dave () farber net>]

Begin forwarded message:

> From: Brett Glass <brett () lariat net>
> Date: July 17, 2010 5:41:35 PM EDT
> To: dave () farber net, ip <ip () v2 listbox com>
> Subject: Re: [IP] FCC Resumes Closed-Door Sessions with Telecom Lobbyists

> Dave, Dewayne, and Everyone:
>
> The ironic thing about these meetings is that, by holding them, the FCC could well be thwarting its own carefully 
> laid plans. Why? Because they could form the basis of a successful challenge to any FCC order issued in a docket to 
> which they related. This includes the "network neutrality" docket (GN Docket 09-191), which seeks to impose 
> restrictive rules regarding ISPs' management of their networks, and the "reclassification" docket (GN Docket 10-127), 
> which seeks to "reclassify" broadband under Title II of the Telecommunications Act.
>
> There is precedent for this. In the landmark case of HBO v. FCC, the Court of Appeals for the DC Circuit threw out a 
> sweeping FCC order because the substance of comments made in closed door "ex parte" meetings was not properly 
> documented in the public record. This is clearly the case with these meetings, in which the notices that were filed 
> did not document the views expressed or state who expressed them. (See, for example, the notice filed following the 
> first of these meetings, at
>
> http://fjallfoss.fcc.gov/ecfs/document/view?id=7020512676
>
> which states nothing about what was said or by whom.)
>
> Ironically, FCC Chairman Julius Genachowski -- who, during his confirmation process, promised the "most open and 
> transparent FCC ever" -- had, prior to these meetings, come out very strongly on the side of transparency. Citing HBO 
> v. FCC himself, he wrote:
>
> > Nothing is more critical to assuring the integrity of our proceedings than the way we document ex parte 
> > communications. Over thirty years ago, the D.C. Circuit's Home Box Office decision struck down Commission cable 
> > rules in part because hundreds of undocumented ex parte contacts had occurred.
> > While noting that it was not illegal for the Commission to entertain ex parte contacts, the Court instructed that 
> > the records of Commission proceedings must reveal all the information made available ex parte so that it can be 
> > understood and debated. Home Box Office v. FCC, 567 F.2d 9, 118 (1977).
> >
> > Given the complexity and importance of the issues that come before us, ex parte communications
> > remain an essential part of our deliberative process. It is essential that industry and public stakeholders know the 
> > facts and arguments presented to us in order to express informed views.
>
> (For the full text of his statement, see Statement of FCC Chairman Julius Genachowski, February 22, 2010, FCC 
> 10-31A2, available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-31A2.pdf)
>
> Where's the beef, Mr. Genachowski? How is it possible for the public to respond to statements made in closed door 
> meetings when there is no documentation of what opinions were expressed, what arguments were offered, and by whom?
>
> --Brett Glass
>
> At 10:50 PM 7/16/2010, Dewayne Hendricks wrote:
>
> > FCC Resumes Closed-Door Sessions with Telecom Lobbyists
> > National Journal
> > By David Hatch
> >
> > They're at it again behind closed doors. Powerful telecommunications industry lobbyists were back at the FCC Tuesday 
> > for another round of unannounced meetings with top agency officials to discuss a possible legislative deal on 
> > network neutrality.
> >
> > Major telecom and cable companies have indicated a willingness to cede ground on net neutrality if the 
> > Democratic-led FCC drops plans to regulate broadband as a public utility.
> >
> > <http://techdailydose.nationaljournal.com/2010/07/secret-meeting-alert-fcc-resum.php>RSS Feed: 
> > <http://www.warpspeed.com/wordpress>



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