Genachowski Acknowledges FCC Needs More Time to Complete Broadband Plan
FCC Commissioner Robert McDowell expressed disappointment that the agency is asking for more time to develop the National Broadband Plan before submitting it to Congress, as expected (CD Jan 7 p1). Commissioner Meredith Baker also said she was concerned. Chairman Julius Genachowski called key members of Congress and others at the commission late Tuesday saying the FCC needed another month to complete the plan, which has been the major focus of his chairmanship. A senior Genachowski aide said more time also is needed so commissioners and lawmakers could be fully briefed.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
“I am disappointed that the FCC’s broadband team is unable to deliver a national broadband plan to Congress by the statutorily mandated deadline,” McDowell said. “At the same time, I appreciate that Chairman Genachowski shared the news of his decision with me Tuesday afternoon. Once we receive a draft plan, I hope the document will reflect the benefit of the additional time being taken to prepare it.”
Baker, the other FCC Republican, said she appreciated the hard work of the broadband team and other commission staff. “I recognize that the Commission has been given a challenging deadline but also an important responsibility for moving communications in our nation forward,” she said. “I hope that extra time, while not ideal, will result in a thorough and actionable plan.”
Reaction to the delay on Capitol Hill was muted. Senate Commerce Committee Chairman Jay Rockefeller, D-W.Va., said he supports Genachowski. “Crafting an effective national broadband plan is a challenging and important task,” he said. “Genachowski has indicated that a short delay is necessary to qualitatively improve the plan. I support his efforts.” Sen. Kay Bailey Hutchison, R-Texas, the top committee Republican, also was supportive as long as the end result is a substantive product, she said.
Some House Republicans expressed annoyance. Commerce Committee counsel Neil Fried questioned the amount of time the commission has spent on net neutrality, compared with statutorily mandated items such as the broadband plan. Fried made the remarks on a panel at the CES in Las Vegas. House Communications Subcommittee Chairman Rick Boucher, D-Va., said he looks forward to receiving the plan in March and plans hearings on the recommendations.
“Given the critical importance of this endeavor and the need to consider a record unprecedented in size and scope, I support the FCC’s modest request for an additional 30 days,” said House Commerce Committee Chairman Henry Waxman, D-Calif. The extra time will give Genachowski an opportunity “to continue to obtain input from key stakeholders and more fully brief Commissioners and the House and Senate Committees on aspects of the plan as it comes together.”
Genachowski aide Colin Crowell confirmed Thursday the FCC had sought a 28-day extension. “Over the last several months, the commission has embarked upon an unprecedented and open, public process. The agency’s staff has been exemplary in its work in meeting this challenge,” Crowell said. “In order to ensure that there is sufficient time to more fully brief commissioners and key members of Congress, to get additional input from stakeholders, and to fully digest the exhaustive record before the agency, the chairman has requested from congressional leaders a short extension of 4 weeks in order to deliver the final plan.” The FCC released letters Genachowski sent lawmakers Thursday explaining the need for a delay and asking that the deadline be extended until March 17.
Several industry groups and associations said Thursday the FCC is right not to rush the plan. “The FCC’s broadband team has been working virtually 24 hours a day, collecting enormous amounts of data to develop a comprehensive broadband plan for the country,” said Robert Quinn, AT&T vice president of federal regulatory affairs. “If Chairman Genachowski believes that the Commission needs an additional 30 days to work on the plan, then that is certainly a reasonable request and one we fully support. The most important thing is getting this right, not meeting a deadline.” Rick Whitt, Google Washington telecom and media counsel, agreed. “Given the immense challenges faced by FCC staff in putting together such a comprehensive and far-reaching document, asking for an additional four weeks is not at all unreasonable,” he said. “A broadband plan for our country may be too many years overdue, but with so much at stake, it’s important to get this done right.”
“We hope the Commission uses this time wisely to develop a bold strategy that will empower consumers to have new choices among Internet providers and will spur content and service creators to develop new features and functions to enhance the vibrant culture that is the Internet,” said Public Knowledge President Gigi Sohn.