Dispute Over FCC Advisory Group Diversity Flares Anew on CAC

Interviews and documents show that some groups represented on the panel's previous version weren't admitted to the current one even as others rejoined. Charters for each iteration of the panel generally last two years. The would-be members said they got no notice from the FCC they were rejected for the body whose charter began Oct. 20, nor any other communication during the process. These groups generally differ from Chairman Ajit Pai on policy issues, while those who are on the current CAC more often agree with him, stakeholders noted. Communications Daily filed a Freedom of Information Act request with the FCC for more details.

Before commissioners addressed the controversy, Color of Change President Rashad Robinson tweeted earlier in the day, "The @FCC’s Ajit Pai has shown yet again that he has no interest in protecting consumers, only corporations. The appointment of Jonathon Hauenschild, a member of @ALEC_states leadership, and Katie McAuliffe, from @taxreformer ... is a disgrace." These "additions crystallize a war that @AjitPaiFCC has been quietly leading against poor folks, backed by his corporate sponsors like Comcast -- a prominent member of @ALEC_states," Robinson added. He went on (here and here). McAuliffe, Robinson and Comcast couldn't be reached. ALEC is the American Legislative Exchange Council.

"We have to have diverse representation on the CAC, and it includes some who represent taxpayer interests," O'Rielly said. He noted that McAuliffe of Americans for Tax Reform was on the last version. She's a reappointment "of someone who Chairman Wheeler picked at my request," he said of then-chief Tom Wheeler. "I do believe a diversity of voices as it relates to our advisory committees" is important, O'Rielly said.

Starks noted Free Press and the National Hispanic Media Coalition (NHMC) had sought membership but didn't get the nod, which they later confirmed to us. He wants "to have a conversation with the chairman to make sure that we are hearing from a diverse set of voices" as "consumer issues are more important today than ever." Starks noted "issues with underrepresentation" on other FCC groups like the Broadband Deployment Advisory Committee. He wants a "wider aperture on how these committees are formed." He, too, later tweeted (here and here).

Rosenworcel said she agreed with Starks' remarks. "This may be a radical idea, but I think our Consumer Advisory Committee should be composed of consumers," Rosenworcel said. "Invite them onto this committee to sit at the table and tell you what they care most about." The FCC declined comment.

Comparing Rosters

CAC leaders who had been members the last time are American Consumer Institute CEO Stephen Pociask, who is the body's chairman, and Vice Chair Debra Berlyn, on the National Consumers League board. Berlyn declined to comment and Pociask didn't comment right away. ALEC Communications and Technology Task Force Director Hauenschild, whom Robinson criticized for joining the group, wasn't on the previous CAC.

Represented on the last CAC and not this one include Call for Action, Consumer Action, Electronic Privacy Information Center, National Digital Inclusion Alliance, New America Foundation Open Technology Institute and Public Knowledge. Representatives didn't comment right away on whether the groups sought to join again.

The Greenlining Institute didn't apply for the current round, said Technology Equity Director Paul Goodman, who was on the previous version. "We did not reapply for this year because we suspected we’d end up with a CAC that looks exactly like the one we have today." AARP, the Consumer Federation of America, Consumer Reports, National Association of State Utility Consumer Advocates and National Consumer Law Center retained their membership.

Hauenschild emailed that ALEC talks with state legislators to find out what they're "hearing from their constituents" including about broadband. People also consume "mobile communications, and other services the FCC oversees," he added. "The state legislators are wealths of knowledge and I wanted to help bring that wealth of knowledge to the FCC and other members of the CAC." State legislators "are great conduits" for this sort of information, Hauenschild wrote. "The CAC represents quite a diverse spectrum of thought. When compared to previous CACs, one could argue that there is more diversity." The FCC committee added Milwaukee PBS and others, while other members carried over, he noted.

"There seemed to be a lot fewer of us" this time, said Free Press General Counsel Matt Wood of groups such as his, which failed to get Policy Manager Dana Floberg reappointed. "I understand why this chairman may not want to see our faces there, and I don’t think that the Consumer Advisory Committee has done that much over the years," so exclusion isn't a big loss to Free Press, Wood said: "It seems like a pretty noticeable pattern" of not including those who differ with Pai on issues like net neutrality and Lifeline.

NHMC General Counsel Francella Ochillo recounted learning when the roster was made public that her group didn't get on CAC, and like Free Press hadn't heard anything since applying or that she was rejected. It's "really frustrating that there are not more groups that represent underrepresented" groups on such panels ,yet there's often room for industry and other reps, she said. "This is just one part of so many concerns with this FCC. For an FCC that is committed to diversity, this just adds to the list of things I don’t understand."

Benton, on the committee since 2005, unsuccessfully applied again, said Executive Editor of Communications-related Headlines Kevin Taglang, who represented the group. "We did not hear a peep until" membership was announced, he emailed. "We have been concerned with Pai’s Advisory Committee picks in general. These concerns really hit home with the Broadband Deployment Advisory Committee."