Federal Communications Commission Process Reform Act of 2013

Floor Speech

BREAK IN TRANSCRIPT

Mr. WALDEN. I yield myself such time as I may consume.

Mr. Speaker, the communications sector is one of the most innovative, competitive, and robust sectors of our economy. But for innovation and investment in communications to continue, we must not weigh industry down with needless red tape and delay.

Now, despite the lackluster overall economy, the communications and technology market continues to grow at a very rapid pace. In fact, in 2012, Mr. Speaker, the industry invested $68 billion in broadband infrastructure alone. That totals $1.2 trillion invested in upgrading broadband infrastructure networks since just 1996--$1.2 trillion.

Communications and technology companies, as well as the consumers that enjoy their products and benefit from their services, deserve a transparent and responsive government agency. While agency process has improved under recent chairmen, this legislation will ensure that reforms remain in place from one administration to the next.

Even with the positive changes at the Commission, recent examples of bad processes have resulted in what I would say are dangerous outcomes at the Commission. To wit, late last year, the Federal Communications Commission issued a notice for a study that would call into question the editorial decisions of journalists in their own newsrooms, which I think threatens their First Amendment rights. Somehow, an item as controversial as this study made it all the way through the FCC without so much as a Commission vote. Americans deserve greater accountability and transparency from their government.

So this bill is the result of a multiyear process, ending with bipartisan agreement that takes important steps towards improving this very important agency. This legislation will produce a joint effort where the Commission establishes procedures to achieve the goals established by Congress.

The Commission is charged with setting its own deadlines and timelines. While the legislation allows the Commission a good deal of flexibility in meeting the goals we have set, the bill includes backstops to ensure accountability. The annual scorecard we call for in the bill requires the Federal Communications Commission to report to Congress on the agency's success in meeting its own self-imposed metrics.

The bill requires the FCC to undertake two separate proceedings, Mr. Speaker. The first requires a notice and comment rulemaking, resulting in the FCC's adopting rules to address several different reforms. Setting a minimum time period for comments in an FCC rulemaking will allow for certainty for those who wish to comment--the public.

In addition, adopted rules must address issues like data dumps at the end of a comment period, transparency as to items pending before the Commissioners, and publication of the language of proposed rules. All those are very important parts of a more open and transparent government and a process that taxpayers can rely upon.

The rulemaking also requires the Federal Communications Commission to adopt deadlines for action on several types of filings before the agency. As I know all too well from my own experience, having been regulated by the Federal Communications Commission when my wife and I were in the radio industry, items can sit at the agencies for literally years without any action, and then they are acted upon and the person bringing the action may have 30 days on something that sat there for 10 years.

Now, the second proceeding is an inquiry that deals with more complex issues, giving the Federal Communications Commission flexibility in deciding whether and how to implement those reforms. Now, by giving the FCC flexibility when setting procedures and deadlines, we are not constraining the agency; rather, we are providing them with goals to meet and allowing them, the professionals there at the FCC, to determine the best way to meet those goals.

Now, many of the reforms in the bill are things that the Commission itself already has the authority to do under existing law; however, the bill also changes the existing Sunshine Act to allow for greater collaboration among the Commissioners themselves. I think that will bring about better government--all of these reforms combined will.

The FCC has started its own review of agency processes, and in a report released earlier this year, many of the areas the agency itself found needing reform mirror provisions of our legislation, H.R. 3675.

The American public expects and deserves a transparent and accountable Federal Government no matter who is in charge in the White House. So let's start this reform with this agency that oversees one of our most innovative and robust sectors of the economy.

With that, Mr. Speaker, I reserve the balance of my time.

BREAK IN TRANSCRIPT

Source