The FCC’s handling of the recent UNE decision may require Congres...
The FCC’s handling of the recent UNE decision may require Congress to step in and force the agency to follow more standardized operational procedures, Rep. Bachus (R- Ala.) said in a floor statement. The Commission causes “needless regulatory uncertainty”…
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by issuing orders that go back and forth to the courts, he said. The agency was close to meeting the U.S. Appeals Court’s remand on UNEs when 3 commissioners “at the last minute decided to break away,” adding to that problem, Bachus said. Saying that the new plan would spread decisionmaking to regulators in every state, Bachus said “the only winners of this particular approach are likely to be the members of the Federal Communications Bar Assn.” He suggested that Congress might have to address this problem “in connection with proposals to reform the overall FCC process and to require the agency to follow standard quasi-judicial rules and procedures -- not individual Commissioners’ latest whimsy or caprice.”