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Issa Probes Possible White House Influence over FCC on Net Neutrality

Rep. Darrell Issa, R-Calif., wants to know why FCC Chairman Julius Genachowski met with White House officials more times over a 23-month period than the secretaries of State, Defense, Energy, Treasury and Homeland Security combined. In a letter Thursday to Genachowski, the House Oversight Committee chairman said the meetings may show improper White House influence over the FCC’s net neutrality rulemaking. “The FCC has done little to demonstrate its independence from the White House,” Issa said.

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Issa gave Genachowski until close-of-business April 6 to respond. The Oversight Committee plans to wait and see what the FCC says, said a committee spokesman, calling the letter an “inquiry.” There are currently no hearings planned, he said.

An FCC spokesman defended the meetings: “Like our meetings with Congress, the official visits Mr. Issa referenced were appropriate and focused on one mission: advancing the FCC’s communications and technology agenda, including broadband, which is critical to America’s competitiveness, economic growth, innovation and job creation.” Besides net neutrality, the FCC also developed its National Broadband Plan during the time period cited by Issa. The White House didn’t respond to a request for comment.

Genachowski met with the White House staff 81 times between January 2009 and November 2010, and Chief of Staff Edward Lazarus had about 60 recorded trips to the White House, Issa said. Genachowski and Lazarus met with Lawrence Summers, then director of the National Economic Council, on Sept. 17, 2009. The meeting was “just four days prior to a near simultaneous announcement by the White House and the FCC on proposed” net neutrality rules, Issa said. Then, in the month following the April 7, 2010, Comcast decision in the U.S. Circuit U.S. Court of Appeals fir the D.C. Circuit, Genachowski and Lazarus “had over a dozen meetings at the White House,” Issa said. On May 6, Genachowski announced his “Third Way” plan.

"The large volume and timing of these meetings gives the appearance that they are more than coincidental,” Issa wrote. “As such, the Committee requires more information about the nature and substance of these discussions."

Issa previously asked about the FCC-White House connection in letters sent Nov. 13, 2009, and Dec. 29, 2010. Issa marked as “incomplete” a Feb. 23 response in which Genachowski said the September 2009 meeting didn’t violate ex-parte rules because the disclosure rules didn’t apply to the open Internet matter until the rulemaking process opened on Oct. 22 that year. Thursday, Issa replied, “After more than a year, you have only provided a response partially addressing one of the Committee’s eight questions and ignored the others.” Issa attached a guide to “Responding to Committee Document Requests.”