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GAO Report Slams FCC

eldavojohn writes "The Government Accountability Office (GAO) has made a report available today that was requested a year ago by a Democratic senator that finds the Federal Communications Commissions has been favoring lobbyists a little too much. 'The report says that some people at the commission warn lobbyists when a particular issue is about to come up for a vote. Typically, the commission chairman circulates an item for vote three weeks before a meeting. Under the rules of the FCC, meeting agendas are published one week before a vote is scheduled. Once the agenda is published lobbying is banned. The report says that the two-week window allows lobbyist plenty of time to "maximize their impact."'"

30 of 117 comments (clear)

  1. Government & Business by Anonymous Coward · · Score: 3, Informative

    Working hand in hand to screw the citizenry over.

    1. Re:Government & Business by purpledinoz · · Score: 5, Insightful

      A perfect example, the merger between XM and Sirius. The NAB (National Association of Broadcasting) is heavily lobbying against this merger, because that would mean a stronger competitor. And the result? The merger has been debated for months, and it's still going on. In the meantime, other huge mergers have been approved within a week.

    2. Re:Government & Business by Lumpy · · Score: 3, Interesting

      Personally I hope the merger goes through the NAB has been allowing the airwaves to be filled with festering monkey feces and it's convincing people that $12.00 a month is worth it in droves. Sirius and XM are seeing way more people getting not only a subscription but multiples faster than ever The hip new thing in high-schools is not a new video ipod it's a Sirius or XM portable.

      Even the teenagers are sick of the clearchannel 1 song between 15 minute commercials power blocks. also several of the FM stations locally that clearchannel turned into robo radio stations have such low bandwidth mp3's in their playback pool that the stations sound WORSE than the weather channels on XM and sirius.

      NAB needs to be disbanded, Clearchannel needs to reap what they sow by being decimated by the satellite offerings. You know that free radio has problems when you can drive people quickly to the pay channels.

      --
      Do not look at laser with remaining good eye.
    3. Re:Government & Business by camperslo · · Score: 2, Interesting

      Not only is the FCC failing to protect the public interest when selling out to those that profit, they've buried study results showing some of the harm it has done.

      After a pirate station was shut down by the FCC, free speech and public access to the airwaves issues were raised, along with the idea that additional lower power stations might be added without causing significant interference. But when rules were finally implemented, it was done in such a way that the vast majority of the allocations went to religious broadcasters.

      For democracy to function properly, diversity in media is essential to allow adequate probing and exposure to many issues. Instead of improving the situation the FCC has made things far worse by relaxing the ownership rules.

      At a time when were facing what should be a wonderful improvement in technology with the transistion from NTSC to ATSC television, we're faced with very little good programming.

      Stations no longer have to commit to a self assigned limit on commercial airtime (which in the past could be exceeded just two weeks of the year, usually election and holiday advertising periods).
      It was interesting to see the new season Episode of Heros on NBC being presented "with limited commercial interruption". A normal Episode runs about 43 minutes out of an hour, this one was about 52 (with a major product placement, the car gift).
      If one looks back it time, the normal Episode length was close to that. For instance episodes of Lost in Space originally ran about 51 minutes. Many stations run infomercials taking up huge blocks of time for advertising, and many overlap programs with various promotional banners.
      Letting marketplace "competition" work for the public good has been a dismal failure. Clear Channel and others are operating in a loot and pillage mode. The whole mindset that should be behind broadcasting has been replaced with a very unhealthy one.
      So much for "trustees of the public interest".

      Most of the corruption in our political system relates to campaign contributions for media advertising. Instead of ineffective regulations on campaign spending regulations loaded with loopholes, we should instead have a situation where broadcasters provide fair and totally free airtime for qualified candidates, issues, and legitimate members of the public a station serves.
      Do away with all paid political advertising.

      Let's see the FCC bring back restrictions on the ownership of stations, require most to be locally owned, require no financial ties to news, political and public affairs programming, and restrictions on the type and amount of advertising carried.

      And the spectrum they're taking from us with the shutdown of NTSC should be allocated based strictly on the public good, not commercial interests or auction proceeds.

  2. Accountability! by cez · · Score: 4, Insightful

    The FCC responded to the report saying that it feels its processes are always open and transparent and that Chairman Kevin Martin is looking for ways to make the commissions workings even more transparent and open.
    Of course they feel that way. I feellike I should get a million dollars for this post. That doesn't make it happen.


    The GAO obviously feels like they are not transparent, as the report indicates. How bout some actual accountability from the Government Accountability Office now? What are they going to do about it?


    Besides hurting their feelings

    --
    Walk with Music;
    1. Re:Accountability! by PitaBred · · Score: 3, Interesting

      Unfortunately, hurting feelings is about the extent of the powers of the GAO from what I understand. They make reports, and that's about it. They don't hold anyone accountable, they just say that someone should be accountable.

    2. Re:Accountability! by SatanicPuppy · · Score: 4, Insightful

      That's not their job. They're not supposed to have enforcement power. Not that it's not an attractive mental image to have an elite squad of GAO commando's busting into an FCC meeting, grabbing corrupt politicians and hauling their asses off to PMTA prison, but that's not what they do.

      A congressman asks the GAO, "Hey is playing fair? Are they doing what they're supposed to do?"

      GAO does some research, and responds, "Nope."

      Then Congress has the opportunity to bust out massive whoopass, slash their funding, sell their children into slavery, etc, etc...They have the ability to do all kinds of enforcement, and even pass it up the line to the executive, who can call in the commandos, etc.

      Though they probably won't do anything, because when does Congress ever do anything good? But they could, and that's how the system is supposed to work.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    3. Re:Accountability! by Fulcrum+of+Evil · · Score: 2, Insightful

      They have the ability to do all kinds of enforcement, and even pass it up the line to the executive, who can call in the commandos, etc.

      Up the line? Don't you mean down the line? The executive is supposed to be weaker than the legislative.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  3. A little too much? by Anonymous Coward · · Score: 5, Insightful

    the Federal Communications Commissions has been favoring lobbyists a little too much
    "a little too much" ? Isn't that like saying "the government is committing crimes a little too much" ?

    Any amount of favoring lobbyists is a problem. I'm not saying lobbyists can't exist. But the (idealized) purpose of a lobbyist is to bring pertinent information and arguments to the attention of political officials. They should have no political influence beyond the persuasiveness of their arguments and the truthfulness of the data they present.

    Perhaps I'm getting overly agitated by a simple little comment... but I am troubled by the fact that people increasingly accept that lobbyists will be able to influence the democratic process, and that their influence has to be balanced against other influences (e.g. voter opinion). This is not how it should be! Lobbyists should have no influence per se. As I said, the only thing that should matter is valid arguments about what is best for the populace.
    1. Re:A little too much? by ObiWanStevobi · · Score: 2, Insightful

      Well, in theory, lobbyist are a healthy part of a representative democracy. Lobbyists do in fact represent a certain number of people, giving them a greater voice. That's pretty much how the House of Representatives works. Each district sends a lobbyist to lobby on behalf of that section of people. I'd say lobbyists are even a better idea, because they are supported by people who all have a common cause, not just a by-chance geographical proximity.

      However, the problem with lobbyists today is that their influence is not determined by the number of people they represent, but how much money they move. For example, one lobbyist supported by Bill Gates could have more power than one backed by a million Linux supporters. AT that point government is not representative by people, but by money.

      The problem is not the practice of lobbying, but the endless need for money to campaign with. Since we don't have any effective spending limits and flimsy donation rules, the problem can only get worse.

    2. Re:A little too much? by dkf · · Score: 4, Insightful

      The problem is not the practice of lobbying, but the endless need for money to campaign with. Since we don't have any effective spending limits and flimsy donation rules, the problem can only get worse. In other words, this is transforming a Representative Democracy into a Plutocracy (and an Oligarchic one at that, though that doesn't follow from what you said).
      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    3. Re:A little too much? by Smidge204 · · Score: 3, Insightful

      That's what the FCC is supposed to do. That's what it was created to do: Make sure everybody's toys will play nice with everybody else's toys.

      Unfortunately, there are two other functions the FCC performs: One is to effectively act as a national censorship bureau. I fail to see any real need for a federal agency with the power to create AND enforce "decency laws" for public broadcast media.

      The other is to act as an overseeing body for companies that deal with the first two functions (EM spectrum and public media). This is another bullshit function IMHO, and in context of this article the most blatantly corrupt seen in the federal government in a long while.

      Regulating the radio frequencies is good and useful. We do not need a federal nanny and corporate shill along with it.
      =Smidge=

  4. So what's the problem? by GodfatherofSoul · · Score: 4, Funny

    If big business wants it, it's obviously good for the American people! The market has spoken!

    --
    I swear to God...I swear to God! That is NOT how you treat your human!
    1. Re:So what's the problem? by Opportunist · · Score: 4, Insightful

      Contrary to corporates' ideas, the market consists of supplyers and demanders.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:So what's the problem? by Anonymous Coward · · Score: 2, Interesting

      and demanders are demanding extremely poor crap at extremely low prices.

  5. Dear Chairman Kev by MillionthMonkey · · Score: 3, Funny

    The FCC responded to the report saying that it feels its processes are always open and transparent and that Chairman Kevin Martin is looking for ways to make the commissions workings even more transparent and open.
    I have a suggestion for you, Kevin: why not post HERE when an issue is about to come up for a vote, instead of keeping it a secret from everyone until it's too late? That would be even more transparent and open than your current strategy of secretly alerting your buddies beforehand with their obvious conflicts of interest while the public is kept in the dark. Someone in the FCC owns too much stock in the industry they're supposed to be regulating.
  6. Re:Oxymoron Finder says.... by Opportunist · · Score: 2, Insightful

    C'mon, what a chance to use "Microsoft Works" and you let it slip.

    I wonder if there's a slot in standup comedy for IT-related jokes...

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  7. The Actual GAO report by phatvw · · Score: 3, Informative

    Actual report: http://www.gao.gov/new.items/d071046.pdf

    Report Summary http://gao.gov/docsearch/abstract.php?rptno=GAO-07-1046

    Telecommunications: FCC Should Take Steps to Ensure Equal Access to Rulemaking Information
    GAO-07-1046 September 6, 2007
    Highlights Page (PDF) Full Report (PDF, 34 pages)

    The Federal Communications Commission (FCC) is charged with regulating interstate and international communications by radio, television, wire, satellite, and cable. The Telecommunications Act of 1996 established that FCC should promote competition and reduce regulation to secure lower prices and higher-quality services for American consumers. FCC implements its policy aims through rulemaking, whereby the agency notifies the public of a proposed rule and provides an opportunity for the public to participate in the rule's development. These rulemakings are documented within a public docket that contains the rulemaking record. In response to a congressional request on FCC rulemaking, GAO (1) described FCC's rulemaking process; (2) determined, for specific rulemakings, the extent to which FCC followed its process; and (3) identified factors that contributed to some dockets and rulemakings remaining open. GAO reviewed recent FCC rules, interviewed FCC officials and stakeholders, and conducted case studies of rulemakings.

    FCC's rulemaking process includes multiple steps as outlined by law, with several opportunities for public participation. FCC generally begins the process by releasing a Notice of Proposed Rulemaking and establishing a docket to gather information submitted by the public or developed within FCC to support the proposed rule. Outside parties may meet with FCC officials but must file a disclosure in the docket, called an ex parte filing, that includes any new data or arguments presented at the meeting. FCC analyzes information in the docket and drafts a final rule for the commission to adopt. The FCC chairman decides which rules the commission will consider and whether to adopt them by vote at a public meeting or by circulating them to each commissioner for approval. Stakeholders unsatisfied with a rule may file a petition for reconsideration with the commission or petition for review in federal court. FCC generally followed the rulemaking process in the four case studies of completed rulemakings that GAO reviewed, but several stakeholders had access to nonpublic information. Specifically, each of the four rulemakings included steps as required by law and opportunities for public participation. Within the case studies, most ex parte filings complied with FCC rules. However, in the case studies and in discussions with other stakeholders that regularly participate in FCC rulemakings, multiple stakeholders generally knew when the commission scheduled votes on proposed rules well before FCC notified the public. FCC rules prohibit disclosing this information outside of FCC. Other stakeholders said that they cannot learn when rules are scheduled for a vote until FCC releases the public meeting agenda, at which time FCC rules prohibit stakeholders from lobbying FCC. As a result, stakeholders with advance information about which rules are scheduled for a vote would know when it is most effective to lobby FCC, while stakeholders without this information would not. The complexity and number of rulemakings within a docket and the priority the commission places on a rulemaking contribute to dockets and rulemakings remaining open. The commission determines when to open and close a docket and which rulemakings are a priority; therefore, the commission determines how a docket and rulemaking progress. Dockets and the rulemakings within them may remain open because the dockets are broad and include multiple rulemakings, or because the commission has not yet voted to close the dockets even though they include completed rules. Within dockets, some rule

  8. As the song says.... by Cleon · · Score: 3, Insightful
    --
    Gifts for Geeks - Stuff that really matters!
  9. Perfect examples - add yours here by Zondar · · Score: 2, Insightful

    Verizon FIOS and the 'disconnecting copper' claims. FCC looks the other way.

    Broadband over Power Line and all the resultant RF interference... FCC manipulates measurement techniques, breaks it's own rules... Even international organizations say BPL causes excessive RF interference. FCC looks the other way. FCC brought to court.

  10. business and government are run by aliens? by Quadraginta · · Score: 4, Insightful

    Who do you suppose "lobbyists" represent? Aliens from Mars?

    "Lobbyist" is just a short way to say "a representative of a group of citizens who all have some common interest and pool their money to hire someone to let elected officials know how they feel (and will vote)." Business groups (like oil companies) have lobbyists, and so do unions (like the UAW, CWA, or AFL-CIO), and so do consumer groups, environmental groups, senior citizens' groups, animal breeder groups, Jewish groups, Muslim and evangelist groups, pro- and anti-immigration groups, pro- and anti-gun control groups, PETA and cattle ranchers, et cetera and so forth.

    Or are you thinking "citizens" means only those folks who have no "business" interests at all? Folks without a job, who own nothing? Teenagers living in mom's basement?

    In the real adult world, we all have economic interests. If we're employed in the radio industry -- making radios, selling radios, selling products on radio shows, hosting radio shows, reporting on the news, et cetera and so forth -- or if we make use of the radio industry -- we listen to radio shows and watch TV, or we use cell phones -- then we have opinions about how the FCC should regulate use of the airwaves. Almost certainly conflicting opinions.

    Do you feel those opinions should not be presented forcefully to the government bureaucrats who make decisions affecting our interests? Should we just wait around, silent and respectful, while our betters on the FCC tell us what's good for us? Should every one of us who wants to be heard be forced to take time off from work to fly out to Washington to testify every time the FCC holds hearings (every four weeks, maybe)? Or does it sound kinda' reasonable and economical if a bunch of us with similar interests and opinions might hire some good talker to go to Washington and make our case for us on a regular basis? Which is what lobbying is.

    Maybe what you're doing, in the hysterical spirit of the times, is confusing lobbying ("speaking up about what you want to your elected officials") with corruption (bribing elected officials). They're not the same. For one thing, the latter is a crime. For another, it's inherently anti-democratic, whereas there's very little more democratic than groups of citizens vying for influence through their freely chosen representatives (i.e. those evil lobbyists).

    1. Re:business and government are run by aliens? by walshy007 · · Score: 2, Insightful

      unfortunately.. I believe your confusing the way lobbying SHOULD work, with the way it works in practice.

    2. Re:business and government are run by aliens? by Quadraginta · · Score: 2, Interesting

      I'm sorry, this is just silly. A "corporation" is not a space alien from Mars, either.

      I mean, are you self-employed, unemployed, or what? Don't you work for a "corporation"? If so, then like me, you know that a "corporation" is a collection of workers and managers plus a base of satisfied investors and customers. (Please note you can't be a successful corporation without the latter.)

      In other words, a corporation represents quite a large group of citizens, and they're all tied together by some significant common interest that has them exchanging money with each other all the time. If I work for LEGO, then I have skills that LEGO needs (designing toys). I have common interests with my managers (like them, I want the world to buy more LEGOs at higher prices, so my salary goes up). I have common interests also with my customers (like them, I want the component of the cost of LEGOs other than my salary to be as low as possible, so the price of LEGOs is as little more than my salary as possible, so folks buy plenty of them). I have common interests with our shareholders, too, of course, for obvious reasons.

      Of course, I also have interests that conflict with the interests of my bosses, the shareholders, and the customers. That's human nature. That's why I belong to more than one interest group. I'm a LEGO employee but also (say) a member of the LEGO workers union, and a member of the Save Our Planet From Plastic Garbage pressure group that agitates for less plastic packaging around LEGO toys, et cetera and so forth. I'm in the middle of several groups, some of which sometimes come into conflict, which presents me with painful choices sometimes. (That's life, too.)

      Nevertheless, clearly one of the most important of the organizations to which I, a citizen, belong, is the corporation that employs me. So actually, of all the social organizations to which citizens belong, corporations are one of the most important, if not the most important.

      Perhaps you're confused by thinking that your most important interests are as a shopper, a consumer, someone at leisure. So you focus on those organizations that are oriented around your shopping, consuming, and leisure-time activities. But that's dumb. Most of your waking life you spend working, not on vacation, being a producer, not a consumer. And most of life's nastiest surprises come as threats to your role as producer, not consumer. It's far more traumatic to lose your job, or become disabled and unable to work, than to have to pay higher prices at the gas pump or be unable to buy a non-DRM copy of Bladerunner. If you're rational, you'll pay somewhat more attention to the organizations that allow you to be a producer in the way you want, that allow you to have a satisfying, well-paying job.

      Without "corporations," we're all just Neanderthals scratching in the dirt, individually. It's banding together voluntarily to tackle jobs too big for any one of us that gives us this nice modern lifestyle. Decrying the fact that when we do band together the bands have a lot of influence is sort of goofy. Like complaining that when you get rich you have to suddenly start making all these difficult decisions of where to invest your money.

    3. Re:business and government are run by aliens? by Knara · · Score: 4, Insightful

      unfortunately.. I believe your confusing the way lobbying SHOULD work, with the way it works in practice.

      Correct. While the poster presents an excellent view of how lobbying would work in a perfect world, in reality lobbyists are quite often highly paid contractors that express the desires of a relatively small number of people who have large amount of resources directed towards legislative action that directly benefits themselves, not the population as a whole.

    4. Re:business and government are run by aliens? by Knara · · Score: 3, Insightful

      Actually corporations are interesting legal fictions that have some limited "personhood", except without the natural lifetime restrains of a human being.

      Again, you have some idealistic ideas of how this whole thing works, but in actuality those spending the most amount of money on lobbying are not concerned citizens or corporations made of politically active workers, but rather very narrowly populated corporate leadership populations making a concerted effort to encourage legislation that furthers their interest, and hopefully to the detriment of their competitors' and/or opponents interests. This is, of course, done because it furthers the shareholders' interests, but nonetheless, the rosy picture you paint of corporate social structures is... shall we say... idealistic?

      We worked fine without corporations for a long time between Neanderthals (which we likely never were, btw) and the modern day. Companies served that function just fine, though corporations do provide some useful legal shielding to their constituents/leadership.

    5. Re:business and government are run by aliens? by cyber-dragon.net · · Score: 2, Insightful

      Your argument, as many have pointed out... is based in an ideal fantasy of what our Government should be. Bill Gates may only be allowed to donate a couple grand PERSONALLY, but every non-profit, company etc he exerts enough influence over to dictate policy (i.e. a few hundred more than likely) can EACH give a politician a couple grand. Adds up fast, and making one man happy for that much money is a hell of a lot easier than make lots of people happy for a $10 each (the most a politician can realistically hope to get from any given person). Oh and while your campaign might only get a couple grand... your "Friends of" organization gets a large check as well, several schools in your district all of a sudden get software and/or hardware donations with your name on them etc etc. All perfectly legal.

      The second difference is he can do it over and over again whereas the common man is lucky to be capable of donating at that level once. This means while you may get a smile for your $10, Gates can (and will) buy every politician he can based on them voting his way.

      Here is where the career politician becomes a VERY bad idea. If you are a politician and will only serve one term... you can take anyone's money who will give it to you, then vote however you like as it won't matter once you are done. You accept money from someone like Gates and he holds it over you all through your term with the threat of no more money next time you run.

      I know this for a fact as I worked on a political campaign for a California Senator in college when Microsoft was trying to buy themselves out of antitrust trouble and sat in on the meeting where MS reps offered him a rather substantial bribe if he would help make it go away. They covered it in diplomatic double talk of course but the gist was he agreed to help save their ass they would cover a large portion of his campaign. Something to the tune of 1/6 the money he needed to finish the race, and we were half way. To his credit he told them to shove off, but I doubt very many would.

      More recently they tried to buy themselves a standard via politicians. Show me a single person who can create that much influence over the policy of that many countries and I will buy your version.

  11. Re:I don't see the problem... by Trepalium · · Score: 3, Informative

    The problem? The problem is they aren't hearing everyone's opinions -- they announce the rules to specific lobbyists two weeks earlier than they announce it to the general public, and when they announce it to the public, they prohibit further lobbying. This is favouritism in every sense. Either allow all parties to lobby during those first two weeks, or allow no one to.

    --
    I used up all my sick days, so I'm calling in dead.
  12. Re:I don't see the problem... by ScrewMaster · · Score: 3, Interesting

    Really, there ought to be prosecutions involved. This is malfeasance in office, maybe influence peddling, I don't know. Can any lawyers enlighten us as to what kinds of illegality might be involved here, if any?

    --
    The higher the technology, the sharper that two-edged sword.
  13. well, in this case... by thegnu · · Score: 2, Informative

    I also agree with you in theory. The special caveat in this instance is that while complaints to the FCC are rising on the order of 100-fold, over 99% of them come from one ultra-conservative lobbying group

    Lobbyist groups aren't a de facto evil. Just usually. And specifically in this case.

    --
    Please stop stalking me, bro.
  14. Rock on, GAO! by DoofusOfDeath · · Score: 4, Insightful

    Is it just me, or has the GAO been a bright ray of honesty and objectivity in a government that otherwise continuously erodes our respect?