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COMMISSION DOES NOT SERVE SPECIAL-INTEREST GROUPS

To the Editor:

I am writing in response to two recent articles-“McCain: FCC is Running a Do Nothing Wireless Bureau,” (July 20) and “McCain Lays Foundation to Revamp FCC” (July 27). These articles convey the impression that the commission exists to serve the special interests of industry, rather than the American people. In particular, they suggest that some industry representatives believe it is the job of the Wireless Telecom Bureau to simply grant private interests exactly what they want. This simply is wrong. The commission’s overarching mandate is to act on behalf of the public interest, not on behalf of any special interest. Our bureaus do not make decisions on the basis of “turf” or because they want to promote the interests of one group of industry “clientele” over another. To the contrary, our bureaus work together cooperatively and effectively to promote the public interest. Our only “clientele” is the American public.

Also, by any objective standard, the wireless bureau is not a “do-nothing” operation. This is the bureau that moved spectrum auctions from a theoretical possibility to a routine and efficient means of licensing. This is the bureau that implemented geographic area licensing, automated application processing, spectrum flexibility and other innovative licensing approaches designed to further efficiency and competition. This is the bureau that stepped up to the challenge of tower siting, bringing industry and local government together to forge practical solutions. As a result, new licenses and new competition are rolling out at a rate that is unprecedented in FCC history.

The wireless bureau deserves praise for its success in managing the busiest and most challenging licensing operation at the FCC. The hard-working staff of the bureau handles millions of industry and consumer matters each year. In fact, the 64,000 “backlogged” cases mentioned in your article represent only 4 percent of the total actions completed under the bureau’s purview since FY 1995, and the vast majority involve just one service. The diverse goals of this bureau are no more readily apparent than in the wireless statutes passed by Congress in 1993 and 1997. Congress expects opportunity, competition, innovation, new technology, new services and spectrum efficiency to result from the efforts of this bureau-all for the benefit of the American public. Since its inception, the bureau has met this challenge, and then some.

Nonetheless, “backlogs”-decisions not made or matters not processed-are a paramount concern of mine. I advocate a “common sense” approach to regulation where licensees and the public can rely on a fair and efficient decision-making process. Unfortunately, difficult and contentious matters-particularly in a bureau that is continuing to implement the transition to the new licensing regimes set by Congress-are clearly at issue in the backlog cases. I believe that a decision made too late is a wrong decision.

Beyond efficiency, however, the ultimate test of our work at the commission is whether we are promoting the public interest. Some of the industry’s criticism of the bureau-specifically criticism by PCIA and AMTA-appears to be based on the fact that the decisions and the allocation of resources have not been precisely as they wish them to be.

Let’s be very clear about our respective roles here. It is the job of outside groups to advocate in their own self interest. It is the job of the commission to act in the public’s interest. We have many contentious issues facing the commission, so it is inevitable that some parties will be disappointed if decisions we make in the public’s interest do not advance their private interests.

Special interests who may seek to stall or sidetrack the commission’s commitment to act in the public interest should take note.

The wireless bureau is committed to clearing the backlog, and it has my full support to make the tough decisions (and withstand the inevitable complaints) that are certain to come from accomplishing this effort. Sen. McCain is to be commended for publicly reminding us of our continuing obligation to make tough decisions as quickly as possible. As one of the early supporters of auctions, his support for clearing this backlog also makes sense-since so many of these matters flow from the bureau’s transition to a competitive bidding licensing regime. The bureau has embraced the challenge head on. And, as with past challenges that have faced this bureau, I know it is more than up to the job.

William E. Kennard

Chairman

Federal Communications Commission

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