By David Hatch
(Thursday, December 13) Congressional anger about the policies and tactics of FCC Chairman Kevin Martin has boiled over into efforts to restructure the agency in 2008.
During an oversight hearing before the Senate Commerce Committee, Sen. John (Jay) Rockefeller, D-W.Va., recommended that the panel develop legislation next year to overhaul the agency from top to bottom.
"The FCC appears to be more concerned about making sure the policies they advocate serve the needs of the companies they regulate and their bottom lines rather than the public interest," Rockefeller said. "Congress cannot allow that to happen."
He called for reauthorization legislation that would examine the agency's structure and mission, with the goal of making it a stronger consumer advocate and "a better resource for Congress."
Rockefeller was of one of several panel members from both parties to criticize Martin's plan for a Tuesday vote on relaxing regulations governing the ownership of newspaper and broadcast properties in the same market. Sources said concerns about various policy initiatives and Martin's allegedly heavy-handed regulatory style are fueling talk of legislation.
Even if such a measure were enacted, it might have minimal impact on Martin, a Republican, who's expected to exit the commission before a new president takes office. The chairman repeatedly has said he operates in a fair and open manner.
Analysts and watchdogs said that a reauthorizing bill, which enables Congress to restructure and reprioritize an agency, would have repercussions whether or not it gains momentum. "It doesn't have to be enacted to make a lot of things happen," said Andrew Schwartzman, president and CEO of the Media Access Project, a public-interest law firm, explaining that its mere introduction would spur changes.
The FCC already has taken steps this year toward more transparency in response to stepped up Democratic oversight.
"A message is being sent from the Hill about concerns they have," added Paul Glenchur, an analyst with the Stanford Group Company. But he downplayed the chances of a bill being offered, let alone enacted.
"In the grand scheme of things, there are just bigger fish to fry," he said, noting that Congress will have budgetary issues to contend with early next year before focusing on the 2008 election. "These kinds of things really don't happen quickly," he said, underscoring the complexities of overhauling a bureaucracy and reaching consensus.
But Blair Levin, managing director at the investment firm Stifel Nicolaus, said 2008 would be an optimal time for action. "An election year is a great year to do it because it doesn't really have a partisan tint," he said, noting that lawmakers won't know whether their measure would impact a Republican- or Democratic-controlled FCC in 2009.
Several longtime agency watchers couldn't remember when the last FCC reauthorization bill was enacted. It was in 1990, a government official confirmed.
On Thursday, Rockefeller was ambiguous about his plans, saying, for example, that he wants to examine the commissioners' terms without specifying whether he would shorten or lengthen them. His office did not have an immediate comment.