House orders FCC review
WASHINGTON – The chairman of the House Energy and Commerce Committee says the Federal Communications Commission has suffered “an apparent breakdown in an open and transparent regulatory process” and has ordered an investigation of the agency.
“Given several events and proceedings over the past year, I am rapidly losing confidence that the commission has been conducting its affairs in an appropriate manner,” wrote Rep. John Dingell, D-Mich., in a letter to Republican FCC Chairman Kevin Martin dated Monday.
The investigation will be conducted by the House Energy and Commerce subcommittee on oversight and investigations, chaired by Rep. Bart Stupak, D-Mich. Stupak, in a news release, said he had received several complaints about how Martin has conducted business at the agency, including allegations that indicate a “possible abuse of power and an attempt to intentionally keep fellow commissioners in the dark.”
The letter comes in the wake of a Nov. 27 public commission meeting where Martin was accused of selectively withholding data from a report on competition in the cable television industry to favor his position.
Dingell wrote that “a trend appears to be emerging of short-circuiting procedural norms, suggesting a larger breakdown at the agency.”
In addition to the meeting, he also noted the commission’s failure to make public the text of proposed rules to allow for adequate comment. Dingell also accused the chairman of failing to inform fellow commissioners of the details of draft items until the last minute.
“Taken as a whole, these events lead to larger concerns as to the inclination and ability of the commission to perform its core mission: the implementation of federal law to serve the public interest,” he wrote.
FCC spokesman David Fiske declined to comment on the letter. “We will be responding directly to the congressman,” he said.
Dingell’s letter is not the only criticism that has come recently from Congress.
On Oct. 3, the Government Accountability Office, the investigative arm of Congress, criticized the FCC for tipping off some people with business before the commission about what items were coming up for a vote. The report said the practice gave some businesses a lobbying advantage and constituted a violation of agency rules.
Dingell included a list of questions for Martin in the letter, asking him to commit to changes in policy to allow more openness. Dingell asked for a response by Dec. 10.
The issues raised are likely to come up before then.
A separate House Energy and Commerce subcommittee is scheduled to conduct an FCC oversight hearing Wednesday on the topic of media ownership. Dingell and Stupak both sit on the committee. All five commissioners are on the witness list.