Clyburn Not Surprised at Threatened Legal Challenges to Prison Calling Order
FCC Commissioner Mignon Clyburn said on her last business day as acting chairwoman that she leaves that job with her head held high, proud of prison calling reform, 700 MHz interoperability and other things she accomplished since taking the reins in May. Clyburn said both issues “languished” at the commission for many years. Clyburn acknowledged that agency staff are still digging out from the 16-day federal shutdown the first half of October. “I tell people all the time I'm a very unlikely person in this job, even as a commissioner or in this acting chair capacity for the next couple of hours,” Clyburn said Friday.
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Clyburn said it’s not a surprise that some prison calling companies have said they will challenge the prison calling order in court (See related story). More work remains to be done, with the FCC yet to address intrastate calling rates, she said. “Keep in mind, while this is a phenomenal first step, it is a first step,” she said. “We're talking about a relatively small percentage of the overall calls that are made that will be affected by the interstate” order.
Intrastate reform “is the next series of steps that I trust we will address in an expedited manner,” Clyburn said. “I knew this is a first step. It is not done.” Everywhere she travels as a commissioner she’s reminded “we are not done, but every single person recognizes what an incredible first step this is,” Clyburn said. “I will see this to the finish line.”
Clyburn acknowledged that small wireless carriers still face major challenges even after AT&T and small carriers agreed to device interoperability in lower 700 MHz spectrum. “Things are still going to be tough,” she said. “There are spectrum needs that the small carriers have. … Roaming is very important.” But the interoperability agreement, ratified by the FCC, provides a “foundation” for the future, she said.
"The first steps are important here,” Clyburn said. “We came up with a voluntary, industry-driven solution. We have short-circuited the very long, typical legal engagement that often takes years for resolution.” Because it’s a voluntary agreement it won’t be subject to legal challenge, which is “a big deal,” she said. “This has been promised since 2006. This will ensure there is a more affordable framework in terms of services, more opportunities as relates to devices.” The interoperability agreement “was never going to answer every single concern,” she said.
The federal shutdown meant about 98 percent of the FCC’s staff was sent home during the shutdown, Clyburn noted. “It will continue to have a ripple effect on every bureau and every office,” she said. “I can’t say it hasn’t had an impact.” But Clyburn said up until the government closed and in the time staffers have been back they have had a “laser beam” focus on the incentive auction of TV spectrum and a 2014 auction. “Things continue to happen, things did not slow down with the exception of the 16-day carve out,” she said. “Everything that was within our control, we ensured that there was no slowdown.”
Clyburn acknowledged the industry was “frustrated” that the agency shuttered its website during the shutdown, but no one was available to monitor the site and guard against cyberthreats. “I know a lot of people were frustrated by the website being shut down; we were frustrated by our inability to report to work each day,” she said.
"Websites have to be maintained, so if something would have had happened, who would have been here to maintain it?” Clyburn asked. “We know the significance of what we do. … We know how critical the communications infrastructure backbone is to this nation. We were unwilling to put that at risk knowing we did not have the personnel to support it. It was a very difficult but necessary move for us,” which was approved by the Office of Management and Budget. “We made the right move for security of the website and the security of this building and our functionality.” Clyburn said while some agencies had funding to keep their websites open, the FCC did not.
Clyburn remains hopeful the FCC’s 2010 net neutrality order, now before the U.S. Court of Appeals for the D.C. Circuit, will largely be upheld. She noted that the challenge to net neutrality was by “only one company,” Verizon, while “over 90 investors, businesses and technology experts filed briefs in support” of the order. “Our attorneys were very pleased to defend this order,” she said.
Clyburn said that though her first few days as acting chair were a challenge, she mostly knew what to expect. “I knew that the office was responsible for setting the agenda, the tone. I knew that my responsibilities were to ensure that the agency functions to the best of its abilities. Those things were expected. I didn’t think they would be easy,” she said, acknowledging that the chairwoman is involved with personnel and others issues not addressed by other commissioners. “You learn how the sausage is made and it’s very interesting at times,” she said.
Clyburn pointed out that she was chairwoman of the South Carolina commission as a state regulator. “It’s really not the same in terms of scale and scope,” she said. Her biggest challenge on Monday, she joked, will be heading the right way when she gets off the elevator, since she will leave the chairman’s office on the eighth floor where she took up temporary residency. “I've grown accustomed to head in one direction … so the security guards will probably get a great laugh from me trying to figure out which way to go,” she said.