Intellectual Property Law

Hill Leaders Step Up Investigation into Martin's FCC

By Cynthia Brumfield

FCC Chairman Kevin Martin is under increasing pressure from a bi-partisan group of Congressional leaders. An investigation into how Martin runs the FCC was announced earlier this year but took on new dimensions yesterday with a letter from a group of Democratic and Republican House leaders, a document that seems more in keeping with complex, high-stakes litigation than simple Congressional oversight.

Drafted on the letterhead of Rep. John Dingell (D-MI), head of the House Energy and Commerce Committee, the letter asks for an exhaustive list of non-public documents regarding report, meeting and vote delays characteristic of Martin's FCC. It also asks for any limitations placed on FCC employees that bar discussion of agency business among themselves or with outsiders. Martin has reportedly demanded tight central control over documents, discussions and initiatives at the agency, which has sparked a lot of grumbling among Commission staff and spawned jokes about the KGB-like atmosphere at the FCC.

The letter also seeks information on personnel reassignments, audits of telecom carriers, supression or excision of material from reports, destruction of investigative materials and attempts to limit factual findings to hand-picked sources of data (e.g. Martin's sole reliance on a single source of data to support new regulatory obligations for the cable industry.) The investigators are also standing by to receive anonymous information and allegations from FCC staff and contractors.

Martin has two weeks to comply with the request.

Although regulatory agencies and the Congress are often at odds with each other, this is a remarkable request by legislators. It's clear from the tone of the missive that the investigators think they'll uncover the "waste, fraud and abuse" that they seek.

Full post as published by IP Democracy on March 13, 2008 (boomark / email).