O'Rielly Questions Practice of Calling Witnesses To Offer Their Views at FCC Meetings
FCC Commissioner Mike O’Rielly questioned what he said is a growing practice of calling in guest speakers at agency meetings, in a Friday blog post. O’Rielly doesn’t cite examples. At the FCC February meeting, at which the net neutrality order…
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was approved, Chairman Tom Wheeler invited net neutrality supporters Chad Dickerson, CEO of Etsy, and TV producer Veena Sud, whose show The Killing survived with the help of Netflix, to address the meeting before commissioners started their lengthy discussion (see 1502260043). “I am not convinced that adding guest speakers is beneficial or appropriate,” O’Rielly said. “While witnesses may provide valuable insight into issues the Commission is considering, these presentations come far too late in the process to inform the outcome of an item. Indeed, they fall within a no-mans-land where they are practically too late to be ex partes but technically too early to be congratulatory.” The main propose of inviting witnesses seems to be to “further promote the viewpoint championed in the item about to be adopted,” he said. “The more controversial the item, the more likely we are to receive such presentations.” If speakers are still allowed at meetings, as a matter of fairness they should have to provide their testimony at least 48 hours in advance, O’Rielly said. Currently, no text is provided before the meeting, he said. Witnesses also should be subject to questioning if they join FCC staff at the presentation table, he said. O’Rielly also said he will no longer provide questions that he may ask staff to the various offices bureaus and offices before an item is presented. “I suggest that we can improve the discourse and relevance of an Open Meeting by allowing unscripted questions and answers,” O’Rielly said. “Accordingly, I serve notice that I no longer plan to provide questions to staff in advance of an Open Meeting. I promise that I have no intention of blindsiding or embarrassing staff by asking questions. There should be no gotcha moments.”