[IP] Re: Reforming the FCC - January 5, 2009 with a comment by your editor

[David Farber <dave@farber.net>]

Begin forwarded message:

From: Robert Atkinson <rca53@columbia.edu>
Date: December 10, 2008 9:01:46 PM EST
To: David Farber <dave@farber.net>
Subject: Re: [IP] REMINDER: Reforming the FCC - January 5, 2009 with a  
comment by your editor

Dave,

I agree with your observation. But at least it is a step in the right
direction for a group of notables to be focusing on the nuts and bolts  
of
"process" rather than the grand visions of high policy. They've got the
priorities right: process first then policy, for without good process,  
good
policies can never be developed or implemented.

Hopefully, one of their conclusions will be that the FCC is too
"lawyer-driven" and that the Commission's decision-makers need to  
include
non-lawyers such as technologists, financial analysts, economists,
historians, etc. Why not require the Chief Technologist and Chief  
Economist
to "sign off" on the technology and economics conclusions reached by the
Bureaus that are presented to the Commission in draft orders?

But the best way to get technology, finance, economics, etc. taken
seriously--IMHO--is to simply replace the FCC's "paper hearing"  
process with
real, adversarial, on-the-record hearings. "Fact finding" would be
substantially improved because the distortions, spin, etc. that  
pervades the
current paper-intensive sytem and "ex parte" meetings would be largely
eliminated if parties' sworn statements were subject to expert
cross-examination.

So, I would hope that this Jan. 5 event results in recommendations to  
reform
the FCC by doing nothing much more than instituting the hearing  
process that
is typical in most Federal agencies and in most (all?) state regulatory
agencies.  With real hearings, the FCC's process would instantly become
fairer, less political and less expensive, decisions would be reached  
more
quickly and more transparently and the resulting decisions would be more
sustainable in the appellate process.

Of course, the current broken system has its supporters. Eliminating  
"paper
hearings" in favor of on-the-record adversarial hearings might  
substantially
reduce the billable hours for lots of lobbyists and lawyers and senior  
staff
and Commissioners would be more constrained from making decisions  
based on
"personal preference" and "politics."

Thanks.

Bob

Robert C. Atkinson
Director of Policy Research
Columbia Institute for Tele-Information (CITI)
http://www.citi.columbia.edu





On 12/10/08 7:17 PM, "David Farber" <dave@farber.net> wrote:

> I am "amused" by the  notable lack of sny  technologist among the
> speakers or discussants. One of the failings of the FCC has been its
> inability to develop a knowledge balance on its staff and leadership
> between law/economics and technology even  though many of its problems
> revolve about technological innovations.   I would claim that unless
> this is addressed we will not have any meaningful reform of the FCC.
>
>
>
> Dave
>
> Former Chief Technologist of the FCC
>
>
>
> Reforming The Federal Communications Commission
>
> Holeman Lounge
> National Press Building
> Washington, DC
> Janunary 5th, 2009
> 9:00am - 12:30pm
>
> The new leadership of the FCC will face a challenge in evaluating how
> to reform how the agency operates and addresses a series of policy
> challenges. In the wake of the recent conclusions issued by the House
> Energy & Commerce Committee, it is both timely and important to
> examine how the FCC has done its job — and to consider how the FCC can
> do a better job in the future on issues such as managing spectrum, Net
> Neutrality and media ownership.
>
> Public Knowledge and the Silicon Flatirons Center at the University of
> Colorado are sponsoring a conference on January 5, 2009 to look at the
> future of the FCC. Speakers will include former FCC Chairmen Reed
> Hundt and William Kennard. Former Commissioner Nicholas Johnson, who
> wrote the classic book, “How to Talk Back to Your Television Set,” and
> former Commissioner Kathleen Abernathy will also take part.
>
> RSVP via e-mail to: pk@publicknowledge.org
>
> AgendaWelcome and Introduction (9:00am - 9:10am)
> •
> Gigi Sohn
> President and Co-Founder
> Public Knowledge
>
> •
> Phil Weiser
> Professor of Law
> Interdisciplinary Telecommunications Program
> University of Colorado
> Executive Director
> Silicon Flatirons Center
>
> Introductory Comments
> • Michael Copps (invited)
> FCC Commissioner
> Panel I: The Future of the FCC as an Institution (9:10am -
> 10:20am)Panelists
> •
> Mark Cooper
> Director of Research
> Consumer Federation of America
>
> •
> Pierre DeVries
> Silicon Flatirons Senior Adjunct Fellow
> University of Colorado
>
> •
> Jessica Rosenworcel
> Senate Commerce Committee
>
> •
> Jonathan Sallet
> Silicon Flatirons Senior Adjunct Fellow
> University of Colorado
> Partner
> The Glover Park Group
>
> •
> Phil Weiser
> Professor of Law
> Interdisciplinary Telecommunications Program
> University of Colorado
> Executive Director
> Silicon Flatirons Center
>
> Moderator
> • Gigi Sohn
> President and Co-Founder
> Public Knowledge
> Break (10:20am - 10:35am)Panel II: The Past as Prologue: Lessons From
> History on the Road to Reform (10:35am - 11:45am)Panelists
> •
> Kathleen Abernathy
> Partner
> Wilkinson Barker & Knauer
> Former FCC Commissioner
>
> •
> Kathryn C. Brown
> SVP of Policy
> Verizon
> Former Chief of Staff
> FCC
>
> •
> Kyle Dixon
> Partner
> Kamlet Shepherd and Reichert, LL P Former Media Bureau Deputy Chief
> FCC
>
> •
> Henry Geller
> Former Administrator
> NTIA
>
> •
> Ellen Goodman
> Professor of Law
> University of Rutgers-Camden
> Of Counsel
> Covington & Burling
>
> Moderator
> • Phil Weiser
> Professor of Law
> Interdisciplinary Telecommunications Program
> University of Colorado
> Executive Director
> Silicon Flatirons Center
> Invited
> • Nick Johnson
> Former FCC Commissioner
> Keynote Discussion (11:45am - 12:30pm)
> •
> Reed Hundt
> Senior Advisor
> McKinsey
> Former FCC Chairman
>
> •
> Bill Kennard
> Managing Director
> Carlyle Group
> Former FCC Chairman
>
> 2008: Public Knowledge
> 1875 Connecticut Ave, NW
> Suite 650
> Washington, DC 20009
> License: CC BY-SA
>
> -------------------------------------------





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