FCC Nominees Promise to Make Public Interest Their Priority

“Show us that the FCC can put consumers first,” said Rockefeller, who later turned over the chair to Sen. Mark Begich, D-Alaska, when he had to leave the hearing for an Intelligence Committee meeting: “This committee is going to be watching very carefully.” Ranking member Kay Bailey Hutchison of Texas praised Democratic nominee Mignon Clyburn and Republican Meredith Baker, who oversaw the DTV converter box coupon program as the NTIA’s acting administrator. Hutchison’s first question for the candidates was whether they favored bringing back the fairness doctrine. Both said no.

Sen. John Ensign, R-Nev., then got into network neutrality, becoming the first of several senators to question the candidates about what the FCC’s policy should be. Clyburn said she believes in preserving openness on the Internet. Baker said there’s a “growing consensus” on a need to allow providers to do network management. But a distinction needs to be made between lawful content and unlawful content, which gets less legal protection. “There needs to be reasonable network management policies,” she said. Clyburn said she would work for “balanced, smart regulation … of the Internet.”

Hutchison asked the nominees whether they would put the needs of unserved areas first as the commission creates its national broadband policy. Baker said she agrees with FCC Chairman Julius Genachowski’s call to make a serious commitment to “unleashing the power of broadband, the new media landscape and true public safety interoperability.” The commission should create a regulatory climate that rewards investment, Baker said, and remaking the universal service program also is a high priority. She said she supports a policy that would deliver broadband grants and loans to unserved areas first.

Clyburn advocated an “open and participatory” process as the FCC works on its broadband plan. She praised the government’s plan to hold a series of workshops around the country publicizing the program. Getting money to unserved areas is important, she said - and something that she takes seriously, coming from South Carolina which has large pockets of rural areas. “I am in sync with you that the priority should be” helping unserved areas, Clyburn said, but policymakers shouldn’t “lose sight of those areas that are underserved.”

Sen. Mike Johanns, R-Neb., chided both candidates as “struggling” to answer his questions about whether the commission should do more regulation or less. “These are fundamental questions,” Johanns said. “Somebody pays” for the results of government policy, and it’s usually consumers who pay the price, he said. “That’s what I want you to think about. … I hope you come down on the side of the consumer.”

On media ownership, Baker said any rule changes must take account of the fragile economy. “We should be careful not to throw new burdens to industries that are struggling.” Clyburn said she would support policies to promote the diversity of voices on the airwaves. “I believe a cacophony of voices on our airwaves is a benefit to the nation.”

Both candidates told Sen. John Thune, R-S.D., they would support an audit of available federal spectrum, the subject of proposed congressional legislation (CD July 13 p1). “We need to understand what is out there and how it is being used,” Clyburn said.

Sen. Byron Dorgan, D-N.D., told the nominees that he hopes the new FCC leadership will bring a fresh approach to matters long stalled. Spectrum policy is one issue he said the commission needs to take up immediately, as the demand for services grows. “We need to figure out how we are going to use the spectrum that has already been auctioned.” Public-interest requirements for broadcasters and net neutrality also are critical policy matters, he said. “Net neutrality, in my judgment, needs to be resolved, even though it is very controversial. The commission can fix that. If not, the Congress should.”