House E&C Signals Hearing On FCC 'Abuse of Authority and Process'

Committee background briefing paper lists FCC's Comcast merger review as one of those abuses

By John Eggerton -- Broadcasting & Cable, 1/20/2011 12:00:14 PM

According to a Jan. 18 backgrounder document on the "key issues" before the House Energy & Commerce Committee's Communications and Technology Subcommittee obtained by B&C, nullification of the FCC's network neutrality rules is high on the communications and technology agenda, as is looking into the "abuse of power and process" of the Comcast/NBCU transaction review.

The document indicates that Republican Committee Chairman Fred Upton's strategy to block network neutrality rules the FCC approved Dec. 21 will be through a resolution of disapproval under the Congressional Review Act. That legislative gambit requires a simple majority in both chambers and can't be filibustered in the Senate, the document points out.

Upton has signaled that nullifying that vote would be one of the committee's initial priorities under new Republican leadership. The FCC's two Republicans voted against the new regs and strongly opposed them in their dissenting statements.

Also on the docket for the committee is a "series of hearings" on "the harm regulation of the Internet will cause investment, innovations and jobs" as well as the FCC's "abuse of authority and process."

Also on the agenda for the committee is a bill-auctioning spectrum for broadband, which the document says "might" include incentive auctions allowing the proceeds to be shared with those, like broadcasters, who voluntarily relinquish it.

Under the heading of "FCC process reform," the briefing paper says that the FCC has been criticized as "slow, inefficient and less than transparent," and that "network neutrality and the "Comcast transaction" are "the latest examples of abuse of power and process."

The backgrounder says the National Telecommunication and Information Administration's oversight of the broadband stimulus-funding program is subject to "waste, fraud and abuse."

Also on the list of priorities is reform of universal service, with the document indicating Upton would support migrating the fund to broadband support only "in exchange for substantial fiscal reform." The FCC is migrating the fund to broadband as part of the National Broadband Plan, but also has recognized it needs fiscal reform.

The Commerce & Trade Subcommittee's oversight of the Federal Trade Commission will include its effort to get expanded authority, which Republicans oppose, and criticisms by industry with the "direction of the FTC's regulatory priorities."

Listed as other "possible" topics for the Communications Subcommittee's attention include Internet privacy, cyber security and content protection.

A committee spokesperson could not be reached at press time for comment on the document.