Markey Tells FCC More Hearings in Store

For nearly 5 hours Tues., House lawmakers pointedly questioned Chmn. Martin and the other 4 commissioners on a broad range of regulatory matters that many complained are taking too long to complete. Martin repeatedly was asked to do more to speed broadband deployment and increase localism in broadcasting. He also was sternly questioned by Telecom Subcommittee Chmn. Markey (D-Mass.) about the Commission’s refusal to investigate phone companies’ role in the President’s warrantless wiretapping program.

“This NSA [National Security Agency] scandal is important… Are you prepared to open an investigation?” Markey asked. Martin said he would give Markey a letter he wrote this month to Attorney Gen. Alberto Gonzales saying why the FCC couldn’t launch an investigation. Such an investigation “would require the disclosure of classified information, and the United States has consistently opposed such disclosure in both litigation and administration proceedings,” the letter said. But Martin asked Gonzales in the letter to “confirm” whether this view of his agency’s role is correct, and he promised to let Markey know the response from Gonzales.

Commerce Committee Chmn. Dingell (D-Mich.) said the FCC has “strayed from its sole duty -- that is to implement the laws as passed by the Congress.” Consumers are the losers of such “oversight slumber,” Dingell said, promising, as Markey did, that the commissioners would be coming back to Congress and held to a higher standard of vigilance. He criticized the Commission’s franchise rulemaking, saying it preempted local govts. and usurped the role of Congress.

Dingell confronted Martin about a letter he asked Verizon to submit in a video franchising case in Tampa after the record was closed. Martin said the information was requested to correct an inaccuracy, but Dingell made clear he thought that the city wasn’t given a formal channel to provide its own update.

The FCC also appears to be continuing a “disturbing practice of voting on measures long before they are complete” and then taking months to issue an official order, Dingell said. Long-delayed matters such as the resolution of thousands of do-not-call complaints back to 2003 is encouraging, Dingell said, but “it makes me wonder whether we need to schedule an oversight hearing every month in order to keep the business of the Commission on track.”

“I can’t help but think that someone needed to guide you to this place, because it has been a very long time,” said Rep. Eshoo (D-Cal.), one of several jabs at the fact that it had been at least 4 years since all 5 commissioners sat before the subcommittee. Eshoo told Martin she has heard many complaints about the agency under his tenure and the common theme is a lack of openness. She also criticized Martin for “pushing” the AT&T-BellSouth merger through the Commission.

Eshoo subjected Comr. Tate to some pointed questions about her vote on the merger, asking what legal authority she had for not honoring parts of the agreement on conditions that got it through. Tate said she voted for the merger. Eshoo shot back: “What part do you plan to enforce and which parts do you not plan to enforce.” Tate said she “may not have agreed with everything that was adopted.” Martin jumped in and said “we are going to enforce it,” though he added that the conditions the companies agreed to are voluntary.

Cable operators think Martin is “picking on them,” Ranking Member Barton (R-Tex.) told the chairman, pointing to the franchising order, repeated comments about high prices and a proposed 30% cap on cable ownership. “I don’t think we're picking on them,” Martin said, adding: “We committed that we would address their issues in the next 6 months.” Barton also took issue with the imposition of net neutrality provisions in the AT&T-BellSouth merger, questioning why Comrs. Copps and Adelstein would go against the will of Congress, which voted down a similar measure last year: “Is that fair?”

“It was a merger-specific agreement,” Copps said: “I thought it was reasonable.” He said with a deal of that size he felt is was important to have a rule establishing that networks would be kept open. Adelstein said it’s important that “we always defer to Congress,” but equally important to uphold the laws requiring the Commission to serve the public interest. He also noted that AT&T’s stock didn’t suffer the day the agreement was announced: “Wall Street doesn’t see this as an impediment to broadband deployment.”

Rep. Harman (D-Cal.), a newcomer to the Committee, urged the Commission to work on interoperability communications issues, suggesting regular meetings. She asked Martin whether the agency was prepared to meet public safety needs with the portion of the spectrum it will get back from broadcasters from the digital transition. Martin said he’s confident there will be enough spectrum to use as a “platform,” but said it won’t solve the financial problem of fixing all the radios already been purchased that may not work.

Martin also was taken to task for not resolving outstanding payola cases dating back several years. “Congressional oversight is welcome,” Martin told reporters after the hearing: “I appreciate their concerns.” As to followup, Martin said: “I think we did a lot of homework before the hearing.”

Rep. Doyle (D-Pa.) plans to follow up with Martin on an E-911 study Martin halted in 2006 after getting preliminary results from consultant Dale Hatfield, Doyle said. The data suggested many wireless and VoIP phones can’t connect with 911 dispatchers. Martin testified that the FCC is working on the problem, but Doyle said the “issue is too important to sweep under the carpet.”