FCC Reauthorization Draft From Thune Circulating Among Industry Reps
An industry lobbyist confirmed that a draft version of FCC reauthorization legislation from Senate Commerce Committee Chairman John Thune, R-S.D., is circulating among industry representatives. He verified reviewing a 14-page draft bill, fitting with what other lobbyists have heard may…
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be coming. Thune told us last week that the development of a draft was underway and said it likely would be uncontroversial, if not final and ready to be released. A different industry lobbyist told us that this draft was leaked and that it was not expected to be released publicly until later in June at the earliest. The draft legislation would include such provisions as modifying the sunshine rules to allow FCC commissioners to talk more easily with one another and compel a GAO report “on the current regulatory fee assessments and adjustment process of the Federal Communications Commission,” as the draft text said. The FCC would have to create a pending item database, according to the draft, which also includes language on the agency’s notice of apparent liability process and on when the agency may impose a forfeiture penalty. The draft includes language that would reauthorize the FCC for FY 2016 and 2017 but doesn't include budget dollar figures with the reauthorization draft. It also has a section that would require the FCC to include, in dealing with items that may be economically significant, “identification and analysis of the specific market failure, actual consumer harm, burden of existing regulation, or failure of public institutions that warrants the proposed or adopted rule or amendment” and “a reasoned determination that the benefits of the proposed or adopted rule or amendment justify the costs (recognizing that some benefits and costs are difficult to quantify), taking into account alternative forms of regulation and the need to tailor regulation to impose the least burden on society, consistent with obtaining regulatory objectives.” The FCC hasn't been reauthorized since 1990.