O'Rielly Calls for 61 Revisions to FCC Processes
The FCC should revise must-vote rules, limit participation of bureau staff in advisory committees, allow commissioners to offer amendments during open meetings, establish mandatory sunsets for rules and change many other procedures, Commissioner Mike O’Rielly blogged Thursday listing 61 proposed revisions. “It's now time to publicly release these medium, small, and tiny, mostly non-mutually exclusive ideas, and have each produce feedback on its merits or pitfalls,” O’Rielly said in a brief introductory paragraph to his proposed list, which doesn’t offer detailed explanation of proposals. Though he lists a six items as partially implemented. An aide told us there’s no “concrete timeline” for enacting any of them though they have been raised with the office of Chairman Ajit Pai.
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O’Rielly’s list covers a host of topics, such as time limits for items on circulation, limiting delegated authority and striking automatic USF rate increases. He has suggested many of the changes before, such as eliminating the function of administrative law judges, revising guidelines for forfeitures, releasing text of items on circulation before they are voted on, and eliminating publication of paper copies of the FCC record. O'Rielly said earlier this month he would push for process revisions (see 1812040034). Partly implemented are streamlining Team Telecom (DOJ, DOD and Department of Homeland Security) review, revamping forfeiture guidelines, and requiring edits to open meeting items be posted 48 hours before open meetings.
Some changes could limit power of minority commissioners, some agreed, such as a proposal to reduce “must vote” periods, which would affect the amount of time a commissioner can delay an item by not voting on it. O’Rielly suggested many such changes when he was in the minority, and they shouldn’t be seen as an attack on the minority, his aide said. Commissioner Jessica Rosenworcel’s office didn’t comment. A proposal to allow any commissioner to elevate an item from being acted on under delegated authority could increase the minority’s power.
O’Rielly “hasn’t identified how he intends to force the chairman to take this seriously,” said Brookings Institution Senior Fellow Blair Levin, who was chief of staff to then-FCC Chairman Reed Hundt. Levin said the list was “interesting” and commended O’Rielly for pursuing the matter. Another former eighth-floor aide told us the list is too diffuse to make an impact, and a more focused effort would be more likely to lead to change. O’Rielly should urge Pai to hold an open public meeting on the proposed revisions and start an open proceeding for public input, Levin said. “While it is an excellent list for consideration, I don't understand what the commissioner thinks will happen next.”