IP: Re: FCC Spectrum Policy Task Force Inquiry

[Dave Farber <dave () farber net>]

------ Forwarded Message
From: Dewayne Hendricks <dewayne () warpspeed com>
Reply-To: dewayne () warpspeed com
Date: Sat, 8 Jun 2002 20:28:27 -0700
To: "Dewayne-Net Technology List" <dewayne-net () warpspeed com>
Subject: [Dewayne-Net] Re: FCC Spectrum Policy Task Force Inquiry

[Note:  This item comes from reader Benn Kobb.  Benn is quite correct
here.  I also noticed the strange way in which this item came out
from the FCC and the troubling statement issued by the two
Commissioners.  That being said, I still think that it is important
to file comments on this item if you have something to say on the
matter.  DLH]

At 18:42 -0700 6/8/02, Bennett Kobb wrote:
> From: Bennett Kobb <bkobb () ieee org>
> To: dewayne () warpspeed com
> Subject: Re: [Dewayne-Net] FCC Spectrum Policy Task Force Inquiry
> Date: Sat, 8 Jun 2002 18:42:33 -0700
> MIME-Version: 1.0
>
> Whatever its possible promise, the inquiry is a "task force inquiry"
> -- apparently an excursion around the normal process. The inquiry is
> in the form of a Public Notice, not a standard Commission text.
>
> It states, "the Task Force is requesting that interested parties
> submit written comments," not "the Commission" seeks comments. Hmm.
> The Task Force is just FCC staff members.
>
> Kevin Martin and Michael Copps -- two of the four sitting
> Commissioners, that is, those responsible to the Congress we elect
> -- don't think highly of the way this is being done. They take
> substantial exception to the spectrum inquiry, on both procedural
> and content grounds. For what it's worth, Mr. Martin is in the
> Republican majority on the Commission.
>
> Interested citizens should still file comments in this very sweeping
> proceeding. FCC regulation can always benefit from broad public
> participation. But the problems Martin and Copps point out are
> troubling. See their comments below.
>
> Benn Kobb
>
> * * *
>
> Statement of Commissioners Kevin J. Martin and Michael J. Copps on
> the Spectrum Policy Task Force's Public Notice On Spectrum Policies
> (Public Notice, ET Docket No. 02-135)
>
> Spectrum management is one of the Commission's most important
> functions.  It requires full Commission attention every step of the
> way.  Instead, in this proceeding, a newly created task force is
> seeking comment on formulating policy on fundamental spectrum
> management issues without direct input or oversight by the
> Commission.
>
> Task forces can be a tremendous help to the Commission in meeting
> the many challenges we face, from spectrum management to media
> ownership to homeland security.  But they must always be responsible
> to the full Commission as their work proceeds.  These are critically
> important issues, and we believe they would be better addressed in a
> Notice of Inquiry issued by the Commission.
>
> We also fear that without Commission input critical issues may be
> left out of consideration.  For example, we are concerned and
> surprised that our obligation to use our rules to promote service to
> rural Americans is barely mentioned in the Public Notice.  This
> responsibility is too important to be ignored.  Additionally, we are
> concerned that, in drafting their report without Commission
> guidance, the staff may become wedded to certain views or frame the
> debate in a manner that is ultimately not consistent with the views
> of the majority of the Commission.
>
> Finally, we fear that the approach used here could ultimately lead
> to greater delay because it will necessarily require at least one
> additional round of notice and comment before the Commission itself
> even begins to engage in the issues.
>
> Accordingly, we believe regulatory certainty and expeditious
> decision making would be better promoted -- and critical Commission
> goals like serving rural America would have been better served -- by
> having the Commission itself conduct this proceeding.


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