State Commissioners Praise Increased FCC Transparency
State commissioner cheered the transparency measure adopted last week by FCC Chairman Ajit Pai. The pilot project to make draft agenda items public three weeks before commissioner meetings is a “breath of fresh air” because it puts state commissioners on a more level playing field with industry lobbyists at the federal agency, NARUC President Robert Powelson said in a Friday interview. He and other state commissioners said they hope it’s the first of many transparency enhancements at the agency. Commissioners from both parties and multiple states last year told us it should be a priority for the FCC to answer concerns about transparency and politicization at the agency (see 1608230009). Friday, Pai tapped Commissioner Michael O’Rielly to lead three federal-state groups.
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State commissioners have been frustrated by their “inability to effectuate some of the outcomes from the FCC,” said Powelson, a nonpartisan member of the Pennsylvania Public Utility Commission. NARUC represents states as a group at the federal agency, but individual states don’t have lobbyists “or the ability to be knocking on the door of the FCC on an hourly basis,” the NARUC president said. Thus, FCC decisions didn’t always recognize state positions on a telecom issue. Some cited administrative benefits for the commission with the old process (see 1702020051), but “there was nothing good in it for states,” he said. Pai “heard us loud and clear,” said Powelson, noting he’s received celebratory emails from several state commissioners.
States in general have more transparent ex-parte rules than the federal government, Powelson said. Under the old FCC procedure, a big telecom company could walk in the day before a public meeting and talk about a particular issue involving a case coming up for vote, he said. The company would have to disclose the meeting, but such a meeting "would never happen at a state commission,” he said.
Florida Public Service Commissioner Ronald Brisé praised Pai’s change as “a strong step towards greater transparency.” The nonpartisan state commissioner considered FCC transparency as chair of NARUC’s Telecom Act Modernization (TeAM) Task Force. “Public access is important in government and it is my hope that after a successful pilot program, this will become the standard,” he said.
“There are a number of changes that should be made to make the FCC more transparent and responsive to the public,” South Dakota Public Utilities Commissioner Chris Nelson emailed. The Republican commissioner is a member of the TeAM Task Force and former chairman (see 1702030015) of the NARUC Telecom Committee. “Chairman Pai’s announcement ... is a great first step in that direction. My hope is that this pilot will prove successful and can be made a normal part of the FCC’s procedure.”
Montana Public Service Commissioner Travis Kavulla is “delighted to see this reform,” emailed the former NARUC president, a Republican. “Sometimes when the minority party becomes the majority party, there is an unfortunate tendency for our leaders to adopt the practices they had previously criticized. That isn't happening here, and it's a credit to Chairman Pai that it isn't. While this is only a pilot, I hope it will become the standard practice for every FCC proceeding.”
FCC commissioners unanimously adopted a Pai order appointing O’Rielly to chair the Federal-State Joint Board on Universal Service, the Federal-State Joint Board on Jurisdictional Separations and the Federal-State Joint Conference on Advanced Services. O’Rielly, who takes over on all three groups from former Commissioner Jessica Rosenworcel, has “deft understanding and recognition of the importance of balancing both Federal and State interests,” Pai said in a statement. O’Rielly said in a statement he looks forward “to working with all of the members of these bodies in the coming months to protect ratepayers and ensure the continued progress of broadband deployment.”
States look forward to working with O’Rielly, said Nelson, NARUC representative on the Federal-State Joint Board on Universal Service. “Balancing federal and state needs and interests is crucial to provide effective telecommunications service to communities and rural areas throughout the country,” he said.