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Bicameral, Bipartisan Lawmakers Introduce FCC Collaboration Act

A bicameral, bipartisan group of lawmakers introduced legislation Tuesday “to authorize a bipartisan majority of Commissioners of the [FCC] to hold nonpublic collaborative discussions,” the longer titles said for the House (HR-1396) and Senate (S-760) bills. House Communications Subcommittee ranking…

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member Anna Eshoo, D-Calif., introduced the House version, and Sen. Dean Heller, R-Nev., the Senate one, with both versions having backers from another party. The House co-sponsors are Reps. John Shimkus, R-Ill., and Mike Doyle, D-Pa. Heller’s Senate co-sponsor is Sen. Amy Klobuchar, D-Minn. “Provided it is transparent, everyone agrees members of the FCC should be able to collaborate much more than current law provides. That is why bipartisan and bicameral support exists for this measure,” Heller said in a statement. “The legislation we are proposing achieves these purposes and allows for the FCC to operate more efficiently.” The legislation is the FCC Collaboration Act, according to five-page bill text provided by Heller’s office. The bill text said section 552b of Title 5 of the U.S. Code “has hindered the ability of the Commission to have a substantive exchange of ideas and hold collective deliberations on issues pending before the Commission.” FCC commissioners have had to rely on “inefficient” communications as a result, harming “collegiality and cooperation” and leaving regulatory proceedings pending, the bill text said. The legislation would give a bipartisan majority of FCC commissioners authority to hold a closed meeting if a vote or agency action isn’t taken then and if “each person present at the meeting is a Commissioner, an employee of the Commission, a member of a joint board or conference established under section 410, or a person on the staff of such a joint board or conference or of a member of such a joint board or conference,” the bill said. An attorney from the FCC Office of General Counsel also would have to be present. The FCC would have to disclose who attended such a meeting and summarize its contents within two business days after. House lawmakers touted the bill in a news release Wednesday. "Allowing for greater interaction among the commissioners would enable the FCC to more efficiently carry out its responsibilities and more effectively consider the costs and benefits of proposed regulations," Shimkus said in a statement. Doyle said the legislation "will help the FCC operate in a more efficient manner without sacrificing transparency." Eshoo said "the current ‘Sunshine’ rule restricts commissioners from collaborating freely and effectively." NARUC praised the bill. The legislation was referred to the Commerce committees in both chambers.