GAO blasts FCC for info leaks

Congress’ watchdog agency said the Federal Communications Commission informs stakeholders ahead of the public about which proposed rules are scheduled for votes, advance information that helps certain lobbyists to better time their advocacy efforts.
The Government Accountability Office examined a handful of wireless and other rulemakings between October 2006 and July 2007, a period falling within FCC Chairman Kevin Martin’s stewardship. In general, FCC chiefs control the agency’s agenda, including when votes are set.
“We are recommending that the FCC take steps to ensure equal access to information by making sure that non-public information is safeguarded from disclosure, and to determine what actions the FCC should take if a prohibited disclosure is made, so that all stakeholders have the same information to inform their participation in the rulemaking process. The FCC took no position on our recommendation,” stated the GAO.
House telecom subcommittee Chairman Edward Markey (D-Mass.), who requested the GAO probe, said the FCC should not play favorites in disclosure of regulatory information.
“The FCC has a duty to be above-board in developing and implementing its rules,” said Markey. “When the ‘corporate insiders’ and ‘K-Street’ crowd have the inside track on decisions critical to telecommunications, media, broadband or wireless policy, then the public and consumers are at an inherent disadvantage. Both the law and the public interest require that rulemaking decisions adhere to principles of openness and objectivity.”
An FCC spokesman defended the agency’s practices.
“The commission actively reaches out and works with consumer and public-interest groups, not only industry,” said the commission spokesman. “We have always been very open and transparent about what is on circulation and we are exploring ways in which we can make our processes even more open and transparent.”
Markey said remedial action is needed promptly.
“The good news is that the FCC has rules against disclosing inside information before everyone knows it publicly,” Markey stated. “The bad news is that it appears violations of such rules are a daily reality at the FCC. I believe the FCC should take immediate steps to protect the integrity of its rulemaking process. The public deserves to know that these decisions are made on the up-and-up, with no unfair advantage to any one side in these important policy debates.”