Tales of the Sausage Factory

Republicans Finally Make FCC Picks. McDowell and Baker to Take R Slots. Now Can The Senate Please Get Everyone Confirmed So We Can Get To Work.

At long last, it looks like the Senate Republicans got their act together enough to settle on two FCC candidates: Current Republican FCC Commissioner Robert McDowell and former NTIA Administrator Meredith Atwell Baker. While I expect a fair number of policy fights, I also expect to see this group weighing matters fairly and searching for common ground.

I’m hopeful this can clear the Senate before July 4 recess. The FCC has a pretty big agenda, starting with the National Broadband Plan (yes, February 2009 may seem far away, but not for this), continuing through finishing up on white spaces and wireless microphones, FCC Reform, ownership, network neutrality, etc., etc. Be nice if the Senate also confirmed Larry Strickling for NTIA. Finally, if we really want to get things moving, the Senate Agriculture Committee should schedule a hearing for Adelstein’s appointment to head up the Rural Utility Service now (they don’t have to wait for him to be off the FCC to have a hearing on his nomination to RUS) so he can be confirmed in a group with everyone else.

A bit more on Baker and McDowell below . . .

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Tales of the Sausage Factory

Republican Bill To Reform FCC Not A Bad Place To Start Discussions.

There’s an old saying that goes “when it rains, can’t fix the roof; when it don’t rain, the roof don’t need fixin.’” That rather sums up most efforts at government reform. When you’re out of power, you can’t really do anything about it. When you’re in power, it turns out things don’t really need fixing. So no shocker that Joe Barton (R-TX), ranking member of the House Energy and Commerce Committee, joined by Mr. Cliff Stearns (R-FL), ranking member of the Telecom Subcommittee, have decided to introduce an FCC reform bill now that (a) Democrats control Congress, and (b) Democrats control the FCC. You can find the press release here and the full bill text here.

If political expediency were a mortal sin, however, nothing would ever get done. So it is not enough to simply note that politicians of either party are more apt to want reform when they are on the outside. It is important to examine the bill in its own right. Given that a lot of folks in both parties and in the public interest community would like to see some longstanding issues corrected, and I have opined on the matter myself from time to time, it’s important to consider whether the Barton-Stearns bill makes a good start and a basis for going forward. Remember, we want functional government. If out of power Rs are now in the mood to address real issues and get substantive stuff done, the thing to do is make it easy for them to work together with Ds. Perhaps it will become a habit. OTOH, as Ds have learned over the last several month, agreement for the sake of agreement is not worth doing.

My personal feeling after a quick read is that this bill is not a bad place to start on some long-standing procedural gripes, but that there are a couple of things that worry me.

Details below . . . .

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Tales of the Sausage Factory

Looks Like Julius Genachowski Will Get The Nod — And What That Means For the Progressive Media & Telecom Agenda

Sometimes the conventional wisdom gets it right. After much speculation, it now seems increasingly likely that Obama’s Harvard Law classmate Julius Genachowski will be nominated to take over as FCC Chair.

From my perspective, this looks like very good news. Genachowski is no stranger either to the FCC or to the private sector, a distinct advantage given the twin difficulties of managing the agency and dealing with all manner of incumbent dog-and-pony shows. Heck, Genachowski is no stranger to the DTV transition, having been involved in the initial standard setting work back in the day. Genachowski’s close relationship with Obama, heavy involvement in the Obama campaign from the beginning, and general tech background provide fairly strong early assurance that — contrary to the hopes of some and fears of others — Obama does not appear to be backing away from his campaign commitment to open networks and media diversity.

All that said, let nobody think the fun is over and we all get to go home. Now more than ever, progressives need to build on our movement momentum and press our case open networks, real spectrum reform, a more diverse media, adequate consumer protection, and regulation that creates real competition by opening bottleneck facilities and limit market power. We have an opportunity, not a victory, and we must act to seize it.

More below . . . .

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Tales of the Sausage Factory

Responding to Kevin Martin and Other Reflections On Yesterday's FCC Broadcast Ownership Vote

(As you may have seen from John’s post, we lost several days worth of material yesterday and couldn’t get this posted promptly. So forgive me for posting what is literally yesterday’s news. And hopefully I will be able to get back or reconstruct the other posts.)

So the day has come. Martin has crossed the ownership Rubicon, and we now move on to the campaign to force Congress to over-rule the FCC vote while simultaneously fighting in the courts. (And if you want to see us stay in the fight and have a chance of winning, I highly recommend making a tax deductible contribution to my employer (and lead counsel for the case) Media Access Project).

First, a hearty congratulations to the Commissioners, and Kevin Martin in particular, for starting only an hour late from the announced time! This is quite the improvement from the last meeting. Who says FCC reform doesn’t work? Second, if it is going to take 2 hours for everyone to read their statements, please let us know so we can use the bathroom first. Third, if the FCC is going to make a habit of this, I recommend putting in a concession stand so we can buy snacks during the intermission.

That out of the way, a few more serious reflections below….

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