O'Rielly Questions 'Heavy Hand' of FCC Staff, Chairman's Office, in Managing Advisory Committees
FCC Commissioner Mike O’Rielly raised concerns about the FCC’s advisory committees, the role they play and the extent to which they are dominated by the FCC chairman. The Friday blog post is one of several O’Rielly has released suggesting process…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
reform. One big problem is that the chairman’s office has “absolute and complete power over every aspect of their existence,” O'Rielly said. Individual commissioners are often invited to say a few words, but play no role otherwise, he said. “The membership, selection of the committee chairs, timing of any reports and/or recommendations, and all other aspects of their operations are determined solely by the [FCC] Chairman," he said. "If all of the decision-making is in the hands of the [FCC] Chairman, how can a committee’s outcomes ever be considered bipartisan, or better-yet, nonpartisan and independent?” O’Rielly asked whether participation in the committees is really voluntary. “Of course, members must go through the application process, but failure to be involved means that the committee may proceed down a path that is against a party’s interest,” he said. He also questioned how the committees are managed and the “heavy hand” sometimes used by FCC staff. “Since each advisory committee already has a Commission staff designee, why would bureau chiefs or other Commission staff need to be involved at all?” he asked. “It seems inappropriate and potentially caustic to the proper functioning of the committee, and the ultimate realization of solid recommendations, if non-designated staff question the committee’s decisions, influence the agenda, pose questions of members, judge the possible recommendations, or potentially declare specific outcomes.”