DTV Delay Could Give New FCC ‘Breathing Room’ to Take on Other Issues
The FCC may get back into a few matters besides the DTV transition if Congress delays the analog cutoff from February, commission officials said Friday. But it’s unclear what else the FCC may take up. Acting Chairman Michael Copps was sworn in at a small, private ceremony at the commission late Thursday. Copps believes that “the FCC has three priorities in the weeks ahead: DTV, DTV and DTV,” he said in a written statement Friday.
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Copps was starting to meet with the other commissioners and consider next steps. But Copps may not be interim chairman long, since the Obama administration wants to move quickly to get the chairman, expected to be Julius Genachowski (CD Jan 14 p1), confirmed by the Senate. Industry officials noted that James Quello, interim chairman for almost a year in 1993, was extremely active, completing four major proceedings including rules for the PCS auction and achieving institutional changes at the FCC.
“I think we're all DTV all the time,” but the commission should look at other items to handle that may be considered “no-brainers,” an FCC official said Friday. Another commission official said it’s unclear whether Copps will replace bureau and office chiefs appointed by former Chairman Kevin Martin, or will wait for the next chairman. Historically, interim chairmen have had to fill holes on his staff and appoint a few FCC staffers to positions on an acting basis.
A wireless industry lawyer said Copps has long experience in Washington and will be aware of how far the White House and Congress expect him to go as acting chairman. “It may depend on where he might think that he’s got either direct knowledge or insight or some other signal that there are good issues to move forward on,” the lawyer said. “To actually come to conclusions and make decisions where it’s not absolutely necessary it would surprise me. I think he’s got very acute political instincts and skills and I expect that he will use them accordingly.”
“At a minimum, they've got some forbearance petitions that will be hitting the 15-month ‘deemed granted’ deadline in the next few months, so they can’t sidestep them if Julius hasn’t arrived by then,” said an attorney active on wireline issues. “Interim chairs typically haven’t tried to start or close out any significant proceedings.”
“It gives them a little more breathing room” if the legislation passes, “but I think they will still stay focused on DTV transition,” said Rebecca Arbogast, an analyst at Stifel Nicolaus.
“Even if the DTV transition date is delayed, I don’t see the FCC tackling the big issues, like universal service and intercarrier compensation reform, until Genachowski is confirmed,” said Randolph May, president of the Free State Foundation. “Maybe the current contingent would be willing to deep-six some of the anti-cable measures that Kevin Martin initiated as an indication it wants to break with that unfortunate piece of history.”
FCC officials, industry lawyers and others said DTV will remain the commission’s priority until the analog cutoff, whenever it comes. But views differ on whether unrelated matters will be put off until then. Because the commission will have to overhaul and expand its education efforts if the analog cutoff is delayed, adding time to the transition won’t increase attention that can be paid other policy and technical matters, said an FCC official. A new date means a new commission education effort “from the ground up,” the person said. “The focus continues to be on the DTV transition [and] that will remain a priority, because nothing is more pressing.” FCC staffers coordinating efforts in each market are continuing their work, and so are the “regional coordinators” overseeing them, the person said.
“It can’t be business as usual” at the commission before the cutoff, said broadcast lawyer Henry Solomon. “Even the most mundane rulemakings for switches in communities of license, they will be suspended or are being suspended” because of the FCC’s DTV focus, he added. “'It’s the transition, stupid,’ as they say.” Media Access Project President Andrew Schwartzman said the digital switch, if delayed, “will divert some of the FCC’s attention, but it will not require the same total focus which we've seen in the last month or two.”
Routine commission matters may also go to the back burner because of last week’s executive order barring federal agencies from publishing in the Federal Register rulemakings started under former President George W. Bush (CD Jan 22 p8), Solomon said. Although it’s unclear that the order applies to independent agencies like the FCC, Copps may follow it, he added. “There’s going to be a dropoff in legal work” for the next few months, “until the executive order is lifted,” Solomon said. “It’s not going to be a bonanza for lawyers, that’s for sure.”