– Shocked, SHOCKED to learn …

Shocked over the FCC Chairman?

I am schocked, SHOCKED to learn that an senior official of the Bush Administration would abuse his power, withhold information from the public and members of his agency, and attempt to manipulate data and information to advance his personal agenda, perhaps directing excess payments of up to $100 million to private companies.

Or, to continue the parallels with the 1942 movie classic Casablanca, “play it again, W”. (Yeah, I know the line “play it again Sam” was never in the movie!)

I’m not referring to the bungled management of Iraq in 2003-4 or the vast sums of money funneled in no-bid contracts to companies like Halliburton. I’m referring to the majority staff report of the United States House Committee on Energy and Commerce, released this week, and its primary subject, the management of the Federal Communications Commission by Chair Kevin Martin.

My comment: DUH. The report is NOT news to those of us in local government who’ve had to deal with the FCC Chairman and the outfall of a few of his decisions over the past eight years.

Exhibit 1: Congress authorized the removal of UHF television channels 52 through 69, freeing 108 megahertz of spectrum in the 700 megahertz (MHz) band for other uses. This spectrum was really valuable because it has good penetration of walls and into buildings. The FCC auctioned most of this spectrum to wireless telecommunications companies with the money going into the federal treasury.

About 10 megahertz was reserved for public safety use: police, fire, and emergency medical services. Traditionally, cities and counties and regions have licensed and used spectrum allocated to them to build radio systems for public safety and general government. Spectrum allocated only for voice radio systems, that is. We expected the same kinds of licensing rules to apply to this valuable new chunk of spectrum, which could be used for “broadband” – essentially wireless Internet. Such spectrum could send building maps to firefighters, video from crime scenes, patient telemetry from medic units.

Under Martin, however, even that small piece of the 700 MHz spectrum was ripped from the hands of local government and was to be auctioned into the control of private companies. Only in the last few weeks – since the November 4th election and impending changes at the FCC – has this plan been derailed.

Exhibit 2: Martin demonstrated an active prejudice on behalf of telecommunications carriers by altering the rules for cable franchising. Under the Constitution, states, cities and counties control their streets and rights-of-way. Under the Telecomm Act of 1996, cities and counties franchise the companies who string cables on poles in those rights of way and then offer cable television and related services to consumers. The franchises funnel revenues and services (e.g. Internet access and cable TV at community centers) to the local governments.

But the FCC, under Martin, changed the rules – cities and counties are now forced to grant cable franchises within 90 days, but ONLY to telecommunications carriers who already operate within the jurisdiction. Anyone else wanting a cable franchise goes through the traditional process!

Under Kevin Martin, the FCC’s mantra apparently was “no telecommunications carrier left behind”. And cities and counties lost the ability to manage their own rights-of-way and airwaves on behalf of the public safety and welfare.

Certainly the FCC has done a lot of good work regulating the airwaves, telecommunications and cable, and there are a lot of talented FCC staff who are dedicated to serving the public.

They deserve a Chair of the Commission with similar values and ethical leadership.