House Panel Approves FCC Process Reform Legislation with Small Tweaks
The FCC Process Reform Act (http://1.usa.gov/14aYTMc) would require the agency to consider market forces before regulating, publish its decisions promptly, create “shot clocks” for resolving agency matters and allow more than two commissioners to discuss commission business without issuing an ex parte report, among other reforms. The FCC Consolidated Reporting Act (http://1.usa.gov/1c6Je8u) which would consolidate requirements for the commission reporting to Congress. The bills are similar to FCC reform legislation (HR-3310, HR-3309) that failed to advance last session (CD March 27/12 p1).
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"It is well established where my colleagues in the minority and I disagree on the specific language of this bill,” said Walden in opening remarks. “However, we do agree that all government agencies should have a transparent, predictable and consistent process that ensures the agency is productive in carrying out its responsibilities."
Walden said the process reform bill “incorporates a number of changes” that were discussed at the subcommittee’s July 11 hearing on FCC reform. Slight changes to the bill include a judicial review exemption for the proposed cost/benefit analysis provision for economically significant rules, and revised language relating to the scope of conditions that can be imposed by the FCC in transaction reviews. Lawmakers also agreed to remove a provision that would allow a minority of FCC members to block delegated authority items, and extend the proposed deadline for agency decisions from 7 to 30 days, among other changes.
Subcommittee Ranking Member Anna Eshoo, D-Calif., commended some of the “improvements” to the bills, which she said signal a “willingness to find common ground on provisions that improve the overall operation of the FCC,” in opening remarks. Eshoo said it should be no surprise that she continues to oppose “any provision that guts the FCC’s ability to protect the public interest in media and telecom mergers.” She said there are other areas where compromise is possible, namely a provision that directs the FCC to complete a rulemaking that considers procedural changes to its rules.
Subcommittee Vice Chairman Bob Latta, R-Ohio, said the bills are “common-sense reform measures that will bring transparency and accountability to the FCC,” in opening remarks. “The proposed changes to the FCC will bring regulatory certainty to the telecommunications marketplace that can lead to investment, innovation and job creation,” he said.