Interesting People mailing list archives
IP: FCC Internet Broadband Proceeding Released
From: Dave Farber <dave () farber net>
Date: Sat, 16 Feb 2002 18:41:48 -0500
------ 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 ~ __________________________________________________ Do You Yahoo!? Yahoo! Sports - Coverage of the 2002 Olympic Games http://sports.yahoo.com ------ End of Forwarded Message For archives see: http://www.interesting-people.org/archives/interesting-people/
Current thread:
- IP: FCC Internet Broadband Proceeding Released Dave Farber (Feb 16)