IP: FCC Internet Broadband Proceeding Released

[Dave Farber <dave () farber net>]

------ Forwarded Message
From: Robert Cannon <rcannon100 () YAHOO COM>
Reply-To: Telecom Regulation & the Internet
<CYBERTELECOM-L () LISTSERV AOL COM>
Date: Sat, 16 Feb 2002 05:39:57 -0800
To: CYBERTELECOM-L () LISTSERV AOL COM
Subject: Re: FCC Internet Broadband Proceeding Released

There is a short explanation of FCC process at
http://www.cybertelecom.org/faqs/fcc101.htm

The FCC, like other US federal agencies, lives the
Administrative Procedures Act.  There are three highly
relevant things about the APA.  Whenever an agency
makes a policy decision, it must

(1) provide notice of the decision
(2) provide an opportunity to provide comment on that
decision and
(3) review and provide a rationale response to all
comments.

This is why I argue that agencies are the most
democratic arm of the government.  With the federal
judiciary, you do not get to vote them into office and
they are not permitted to listen to you (unless you
are party to a suit - unless you have standing).  With
Congress and the President, you get one vote - you can
vote them into office; you can vote them out.  But
once they are into office, they may listen to you,
they may meet with you, but they are under no
obligation to do so and can just ignore you.  With the
agencies, your vote, well you do not get to vote
directly for agencies although you do get to vote for
the President who names the heads of agencies - but
whenever an agency makes a "decision," you have the
RIGHT to be heard.  Furthermore, in agency process,
consensus can go a long long way.  If you get, for
instance, all or a lot of the interested parties
involved in the ultrawideband proceeding together and
agree on some ways to proceeding, that can have
tremendous influence on the FCC and its outcome.

You also can appeal a decision of a federal agency.
The standard for review is very low.  An agency must
consider your comments but all an agency must do is
provide a rationale explanation as to why they
accepted or rejected your views.  If the agency
provides this explanation, then the Chevron doctrine
kicks in.  The agency is considered the "expert"
agency and is given discretion by the court.

You can see the difference between Notice of
Inquiries, Notice of Proposed Rules, Orders, and Ex
Partes on the short explanation.
http://www.cybertelecom.org/faqs/fcc101.htm


In the words of Hunter S Thompson, "In a Democracy,
The People Get the Government They Deserve." Deserve
better!  Participate!

Commenters have had a tremendous influence over the
outcome of the Microsoft settlement.  One ISP changed
the outcome of the FCC AOLTW Order.  Piles and Piles
of comments prevented the FCC from imposing access
charges on ISPs a decade ago.

-B






--- fm-listproc () NS FMMO CA wrote:
> What does proposed rulemaking mean?  That comments
> are to be received
> before it is enacted ?
>
> On Fri, 15 Feb 2002, Robert Cannon wrote:


=====
~ Washington Internet Project ~
~    www.cybertelecom.org     ~
~  cannon(at)cybertelecom.org ~

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