FCC chief Martin asked to produce extensive documents in probe: Management style questioned

The House Commerce Committee’s probe of the Federal Communications Commission moved to a new level, with key lawmakers asking FCC Chairman Kevin Martin to produce extensive documentation on a wide array of agency activities that appear to impact some wireless policy-making.
The document request was made in a bipartisan letter signed by House Commerce Committee Chairman John Dingell (D-Mich.), ranking member Rep. Joe Barton (R-Texas), oversight and investigations subcommittee Chairman Bart Stupak (D-Mich.) and ranking subcommittee member Rep. John Shimkus (R-Ill.).
The letter was a follow-up to one sent Jan. 28 to Martin in connection with allegations made by former and present FCC employees and others regarding the operation of the telecom regulatory agency.
“These allegations relate to management practices that may adversely affect the commission’s ability both to discharge effectively its statutory duties and to guard against waste, fraud, and abuse,” the lawmakers stated. “While the sources are believed to be credible, the committee will require additional information and records to determine whether these allegations can be substantiated.”
Leadership questioned
Martin, promoted by President Bush from commissioner to FCC chairman in March 2005, has been criticized for a management style characterized as stubborn and insular. Martin has told reporters he operates the agency no different than have past FCC chairmen, Republican and Democratic alike, and has tried to be responsive to the Democratic-controlled Congress. Martin this year began a new practice of briefing reporters on items he would like voted on at agency meetings and fielding questions on a variety of wireless and telecom issues.
Delayed FCC meetings have been common under Martin, with the FCC chief and other commissioners – mostly the two minority Democratic members Michael Copps and Jonathan Adelstein – trading barbs on who is to blame.
“We look forward to continuing to cooperate with the committee,” said Mary Diamond, an FCC spokesperson.
Records sought
The lawmakers asked Martin to produce in two weeks all e-mail communication (and attachments), memoranda, electronic and handwritten notes, records of telephone conversations, talking points, and meeting schedules since January 2005 related in part to:
–Delay or postponement in preparing and transmitting congressionally mandated reports, placing items on circulation, setting items for open meetings, commencing open meetings, and putting adopted orders in the Federal Register.
–Any guidelines, protocols, instructions, or directives concerning intra-agency communications, including any limitations or restrictions imposed upon FCC employees’ ability to communicate with each other concerning official agency business.
–Any guidelines, protocols, instructions, or directives relating to the routine practices and processes of bureaus, divisions, and offices within the FCC, including FCC guidance or instruction concerning compliance with the Administrative Procedure Act and the FCC’s administrative rules.
–The FCC’s policy on nature and scope of permissible communications between FCC personnel and outside entities, including but not limited to, the public, industry representatives, and Congress and its staff.
–Personnel reassignments and/or details of FCC employees that are GS-13 staff and above, including employees that are classified as Senior Executive Service.
–Any decision or discussion concerning when and whether or not the FCC should audit telecommunications carriers, including audits relating to number portability, payphones, nondiscriminatory access to unbundled network elements, unauthorized changes of telecommunication services (slamming), and the National Exchange Carrier Association, and FCC decisions as to how to allocate FCC resources concerning auditing of telecommunications carriers, how current audit personnel are assigned, the scope of work assigned, and whether any audit function has been assigned to contractors.
–The decision to withdraw all or part of a report generated by “Focus Group 1: Enhanced 911” (Subcommittee 1 B) of the Network Reliability and Interoperability Council (NRIC VII), including any information relating to alleged “factual errors” in the final subcommittee report.
–The decision as to which Commissioner would attend and represent the FCC at the most recent World Radiocommunication Conference in Geneva.
In addition, lawmakers asked Martin to turn around in two weeks specific records regarding:
–A list of all new hires and personnel reassignments and details from March 2005 to present indicating the name of the employee, date of hire/reassignment/detail, former and reassigned/detailed position, and the rationale for the reassignment, and all e-mail communications relating to new hires, personnel reassignments and details and telecommuting arrangements (GS-13 and above and Senior Executive Service).
–The complete, un-redacted investigative case file relating to the Office of Inspector General’s Oct. 4, 2007, report entitled “Report of Investigation into Allegations that Senior Management Ordered Research Suppressed or Destroyed.”
–The individual meeting schedules of official business, and paper and electronic calendars of official business, in the possession of the following FCC employees or in the possession and control of staff responsible for their schedules. Those employees include Martin, Chief of Staff Daniel Gonzalez, Commissioners Adelstein, Michael Copps, Deborah Taylor Tate and Robert McDowell, Managing Director Anthony Dale, Inspector General Kent Nilsson and all bureau chiefs. The committee leadership also asked for official travel records of all five commissioners.