The FCC released four letters between Chairman Julius Genachowski...
The FCC released four letters between Chairman Julius Genachowski and members of Congress. The commission Monday posted lawmakers’ letters and Genachowski’s replies on the Office of Legislative Affairs’ Web site. That office had been working to make more documents…
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of this kind public, after the commission’s practice of not routinely releasing all the letters drew scrutiny (CD Sept 18 p5), said a commission official. Neither a legislative-affairs official nor FCC representatives replied to messages seeking comment. At least one of the letters from a Congress member had been posted to a corresponding docket (CD Oct 5 p7) seven days after Chairman Julius Genachowski replied, in line with the commission’s new policy of releasing correspondence of this kind a week after Genachowski replies. The other letters made public Monday dealt with the national broadband plan, Iridium’s transfer of control and a New Jersey city’s application for a public safety radio license. Also on the office’s homepage are questions and answers about ex parte rules covering congressional communications. Letters from members of Congress to the FCC that don’t cover the merits of a proceeding but ask only about where it stands aren’t covered by ex parte rules, the Q&A said. “The FCC’s ex parte prohibitions affecting Congress generally apply only in adjudicatory-type proceedings and are based on provisions of the Administrative Procedure Act and court decisions,” the document said. “In such proceedings, written presentations to the Commission should be served on the parties and oral communications should not be made unless the parties are invited to be present.”