Abernathy Urges Changes to Rules Blocking Non-Public Comr. Meetings

Abernathy noted that Comr. Copps and former Chmn. Powell also have called for changes to enhance discussion among commissioners rather than force them to negotiate through legal advisors.

“The whole idea is not to get rid of sunshine in govt. but to possibly allow all of the commissioners to get together as a group,” she said. “There’s no doubt in my mind that a lot gets lost in the translation when it’s just the legal advisors and the commissioners can’t be in the room together. I understand why that came to be shortly after the Watergate [scandal].” She added: “It clearly is harmful today because we've got some very difficult issues in front of us that absolutely we should be able to get together on.”

Abernathy didn’t specify what issues she'd like to see action on in the coming months. Many expect Abernathy to leave once the Senate confirms a replacement for Powell. “We have to give [Chmn. Martin] some time,” she said, asked to comment on Commission priorities. “He hasn’t been there that long. He has to look around and see where his priorities are.” Abernathy predicted continuing pressure on intercarrier compensation reform, media indecency issues, especially safeguards for parents, and USF reform. “How he will prioritize those issues I think I will leave up to the chairman,” she said. She said she hoped the FCC would act quickly on mergers pending before it.

Comr. Adelstein said working under Martin marks a change for him, since he got to know Martin as a commissioner before he became chairman, whereas he only knew Powell as chairman. He said this factor could facilitate decision-making. “It’s a new opportunity, I think, for a very collaborative type of working relationship, one that I think he understands and respects as well,” he said: “It bodes well for us getting a lot done.” Adelstein observed that prior to becoming a commissioner Martin was an aide to former Comr. Harold Furchtgott-Roth, then a minority member in a Democrat- dominated FCC: “He’s seen it from both sides.”

Adelstein said he was pleased with appointments Martin made Fri. (CD May 2 p1) -- his first choices for leadership positions within the FCC. “His major appointments have all been people he has promoted from within the agency -- some excellent, very qualified and very experienced FCC people,” he said. “That bucks up the entire agency. It’s something that people received very well throughout the bureaus.”

Adelstein listed VoIP 911 rules as a top priority. Martin has indicated an order in that area may be on tap at the May meeting. “VoIP 911 is something we've got to get to right away,” Adelstein said. “The FCC did take away some control from the states and we have a morale responsibility.” Adelstein also said the FCC should move quickly to approve a final order on USF contribution methodology.

NTIA Dir. Michael Gallagher, who had been a candidate for chairman, said he doesn’t expect significant changes between policies advanced by Powell and those Martin embraces. “Kevin is a strong proponent of the President’s agenda when it comes to broadband deployment and has been a leading contributor to that as a commissioner,” Gallagher said. “He’s always been very supportive of new technologies and the spectrum policy that we're been working on very aggressively and very successfully over the last 3 or 4 years. I would not expect any of that to change.” Gallagher listed USF and intercarrier compensation reform, IP-enabled services rules, and progress on an auction of 3G spectrum as top priorities for the FCC early in the Martin era.

Abernathy told us she expects an order soon on 911 VoIP issues. “I think we'll provide some clarity pretty soon,” she said. “We're certainly looking at what some of the immediate ways are to ensure that consumers have some 911 protections and then asking questions going forward about what are some of the most sophisticated technical options.” Abernathy said the more “technical issues” will be the most difficult for the FCC to work through in coming weeks.

“We just to move quickly to ensure that people who have VoIP have access to 911,” Adelstein said in a separate interview. “People naturally expect that when they have a dial tone they're going to be able to get through to 911. A lot of times now they can’t… There needs to be cooperation from everyone in the industry and it’s not just the VoIP providers themselves… We're going to have to require cooperation to the degree that we have the authority to do so.” -- Howard Buskirk

FCBA Notebook…

Comr. Abernathy had one key piece of advice for communications attorneys as they lobby the FCC based on her experience at the Commission -- don’t forget to make clear what you want the FCC to do to address your problems. “I'll have meetings and they're almost done and I will have to say: ‘So, what do you want?'” she said. “It’s pretty important to give me the piece.” Comr. Adelstein said companies should keep to their allotted time to the extent possible and leave behind a document laying out their major arguments.