At a House Energy and Commerce subcommittee hearing Thursday
on “Improving the FCC Process,” lawmakers discussed the reintroduction of H.R. 3309 and H.R.
3310, which would change various FCC processes. The bill passed the House last year only to die in the
Senate.
The proposed changes were met with varying degrees of
resistance from the panelists. Communications
and Technology Subcommittee Chairman Greg Walden addressed the goals of the legislation in his opening
statement. According to the
Chairman, the reforms seek to minimize the potential for procedural abuse and
failings. Commentators like former FCC Commissioner Robert
McDowell, did not comment on some of the substantive issues in the bills,
but endorsed issues like the consolidation of FCC reports, which could improve
efficiency and productivity.
The counterarguments against the bills, however, raised some
important issues. Critics like
Stuart Benjamin, a professor at Duke Law School, highlighted
that the bills would introduce unprecedented proceedings that would result in
increased litigation. He and
others, like Richard
Pierce of the George Washington University Law School, also warned that the
rules could unnecessarily take away important power from the Commission by
constraining its ability to review mergers and enact regulations that protect
consumers.
The substance of the bills will likely enjoy some attention
and debate within the Committee, and may make it to a vote on the House
floor. However, H.R. 3309 and H.R.
3310 would still have to overcome the major hurdle that doomed them last year:
the Senate. Though Representatives
like Anna Eshoo agree with certain provisions in the bills, like the abolition
of the cumbersome “Sunshine Rules,” they will likely be reluctant to take up a
bill that does not have a clear path to the White House.
The FCC maintains an important role in in America’s vibrant
telecommunications industry. Any
bill that increases efficiency and productivity within the Commission should be
applauded. However, Congress
should alsoa be careful that it does not hobble the important authority of the
FCC, which has succeeded in fostering investment of over $80
billion per year in the telecommunications sector since 1996.
