GAO Report Slams FCC

eldavojohn writes "The Government Accountability Office (GAO) has made a report available today that was requested a year ago by a Democratic senator that finds the Federal Communications Commissions has been favoring lobbyists a little too much. 'The report says that some people at the commission warn lobbyists when a particular issue is about to come up for a vote. Typically, the commission chairman circulates an item for vote three weeks before a meeting. Under the rules of the FCC, meeting agendas are published one week before a vote is scheduled. Once the agenda is published lobbying is banned. The report says that the two-week window allows lobbyist plenty of time to "maximize their impact."'"

Government & Business

[Anonymous Coward]

Working hand in hand to screw the citizenry over.

The Actual GAO report

[phatvw]

Actual report: http://www.gao.gov/new.items/d071046.pdf [gao.gov]

Report Summary http://gao.gov/docsearch/abstract.php?rptno=GAO-07-1046 [gao.gov]

Telecommunications: FCC Should Take Steps to Ensure Equal Access to Rulemaking Information
GAO-07-1046 September 6, 2007
Highlights Page (PDF) Full Report (PDF, 34 pages)

The Federal Communications Commission (FCC) is charged with regulating interstate and international communications by radio, television, wire, satellite, and cable. The Telecommunications Act of 1996 established that FCC should promote competition and reduce regulation to secure lower prices and higher-quality services for American consumers. FCC implements its policy aims through rulemaking, whereby the agency notifies the public of a proposed rule and provides an opportunity for the public to participate in the rule's development. These rulemakings are documented within a public docket that contains the rulemaking record. In response to a congressional request on FCC rulemaking, GAO (1) described FCC's rulemaking process; (2) determined, for specific rulemakings, the extent to which FCC followed its process; and (3) identified factors that contributed to some dockets and rulemakings remaining open. GAO reviewed recent FCC rules, interviewed FCC officials and stakeholders, and conducted case studies of rulemakings.

FCC's rulemaking process includes multiple steps as outlined by law, with several opportunities for public participation. FCC generally begins the process by releasing a Notice of Proposed Rulemaking and establishing a docket to gather information submitted by the public or developed within FCC to support the proposed rule. Outside parties may meet with FCC officials but must file a disclosure in the docket, called an ex parte filing, that includes any new data or arguments presented at the meeting. FCC analyzes information in the docket and drafts a final rule for the commission to adopt. The FCC chairman decides which rules the commission will consider and whether to adopt them by vote at a public meeting or by circulating them to each commissioner for approval. Stakeholders unsatisfied with a rule may file a petition for reconsideration with the commission or petition for review in federal court. FCC generally followed the rulemaking process in the four case studies of completed rulemakings that GAO reviewed, but several stakeholders had access to nonpublic information. Specifically, each of the four rulemakings included steps as required by law and opportunities for public participation. Within the case studies, most ex parte filings complied with FCC rules. However, in the case studies and in discussions with other stakeholders that regularly participate in FCC rulemakings, multiple stakeholders generally knew when the commission scheduled votes on proposed rules well before FCC notified the public. FCC rules prohibit disclosing this information outside of FCC. Other stakeholders said that they cannot learn when rules are scheduled for a vote until FCC releases the public meeting agenda, at which time FCC rules prohibit stakeholders from lobbying FCC. As a result, stakeholders with advance information about which rules are scheduled for a vote would know when it is most effective to lobby FCC, while stakeholders without this information would not. The complexity and number of rulemakings within a docket and the priority the commission places on a rulemaking contribute to dockets and rulemakings remaining open. The commission determines when to open and close a docket and which rulemakings are a priority; therefore, the commission determines how a docket and rulemaking progress. Dockets and the rulemakings within them may remain open because the dockets are broad and include multiple rulemakings, or because the commission has not yet voted to close the dockets even though they include completed rules. Within dockets, some rule

Re:I don't see the problem...

[Trepalium]

The problem? The problem is they aren't hearing everyone's opinions -- they announce the rules to specific lobbyists two weeks earlier than they announce it to the general public, and when they announce it to the public, they prohibit further lobbying. This is favouritism in every sense. Either allow all parties to lobby during those first two weeks, or allow no one to.

Re:Government & Business

[Anonymous Coward]

GAO Reports are available on-line at gao.gov I am guessing the report under consideration is this one

http://www.gao.gov/new.items/d071046.pdf [gao.gov]

but neither the slashdot notice or the article it references gives the report number.

well, in this case...

[thegnu]

I also agree with you in theory. The special caveat in this instance is that while complaints to the FCC are rising on the order of 100-fold, over 99% of them come from one ultra-conservative lobbying group [slashdot.org]

Lobbyist groups aren't a de facto evil. Just usually. And specifically in this case.