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FCC Resumes Closed-Door Sessions with Telecom Lobbyists
From: Dave Farber <dave () farber net>
Date: Sat, 17 Jul 2010 18:44:10 -0400
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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- FCC Resumes Closed-Door Sessions with Telecom Lobbyists David Farber (Jul 16)
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- FCC Resumes Closed-Door Sessions with Telecom Lobbyists Dave Farber (Jul 17)