Free State
Foundation
National Press
Club
June 4, 2013
"If I were
FCC Chairman" Luncheon Event
Remarks as Prepared for Delivery by Deborah Taylor Tate, Distinguished Adjunct Senior Fellow, The Free State Foundation, and Former FCC Commissioner
At different
times, in different moments, the FCC needs a different type of Chairman.
My friend
Michael Copps tried to repair a demoralized and unappreciated staff in his very
first few days as Interim Chair.
Some have
exerted a "command and control presence"; in fact, I differ with my
friend, Gigi Sohn, in that I don't think we need a Chairman exercising more
power or their own "agenda" but rather implementing and championing
what is our best national agenda. Some Chairs have actually delegated more
authority – and clearly there is legal authority to do so – to the Bureaus and
Chiefs. However, whatever your CEO style, just show leadership that inspires
your 2,000 employees and American citizens; be trustworthy – your word is
indeed your bond – and always take the higher road.
While everyone
wants to pigeon-hole you – "she is only interested in cable"; "he
is only interested in mobile"; "the media is too consolidated"; "satellite
issues are well – too technical, I would suggest be more like a chameleon. It
mystifies people, including the press (and Randy May). So, don't be pigeon-holed.
Surprise people with a knock-out speech. Bring items up from the Bureau. Get
involved in where the industry thinks technology is going. Talk to consumers
about empowering them in this digital age.
Depending on the
issue, one may need more time to percolate and maybe knock heads in order to get
an industry agreement (or at least some ideas on the table). Another item may
need prompt, swift decision-making even if it gets a lot of negative media to
get it off your plate. Remember, the FCC is just part of the process. Don't kid
yourself, even 5-0 decisions get appealed. You are rarely the "end
game."
And why not give
your fellow commissioners something they can actually get their teeth into – maybe
that will give them less time to get their teeth into you! Seriously, you have
2, 3, sometimes 4 commissioners with their own expertise, background, issue de
jour that should be acting as a "Chief Judge"-docket manager, or
taking leadership of a specific issue (spectrum auctions for example), or even
rummaging through the million plus (according to Comm. McDowell) indecency
complaints, or merely establishing a process dismissing thousands of decades’
old dockets through a time-honored consensus docket procedure. With all the
recent media attention on agency budgets and especially travel, why not:
coordinate global and regional international meetings; coordinate travel
instead of complicating it; and have one keynote instead of three at each of
the industry conferences. Appoint a commissioner to attend whatever "task
force" or intra-agency group the FCC belongs to, whether the LEAD
Commission (education) or Homeland Security, or the WRC (international).
Be like a
chameleon; but do not be like a caterpillar – do not bury yourself inside the
FCC building, the telecom or media world, or the U.S.A. for that matter. Look
at and learn what is going on out there in the world. We could learn a lot. There
is more m-Health in Rwanda regarding reducing AIDs than here; there are more
women running small businesses through technology in remote villages than in many
parts of America. We – the FCC Chairman – must realize our companies are
existing in a much-broader global environment with incredible pressure to
compete not merely with U.S. companies but with international, worldwide
companies. And, we should all want and indeed need them to succeed.
Use your bully
pulpit to encourage investment in research, R and D by the public and private
sectors. Be a champion for getting and keeping women and girls in ICT – these
are the jobs of the future for every sector not just for the ICT one. I have
said it and will again – women are our greatest natural resource – more than
gas or oil – and we are not educating or utilizing them and it is a real shame!
While we are
discussing jobs, instead of hiring a cadre of McKinsey consultants, look inside
the FCC for people who have been waiting – and wanting – to shine for a long
time; they are there, believe me. And their knowledge, history, and expertise
is immeasurable.
Utilize the FCC advisory
groups rather than looking at them as "rabble-rousers." You have a
group of issue-experts – give them a question, a problem, a situation and say:
give me 3 solutions (that way you have more than 1 to choose from) in 90 days.
I bet they will.
And, bring in
engineers and economists – who needs another lawyer at the FCC…but we sure need
some new thinking about spectrum, sharing, unlicensed devices, white spaces,
and auction rules. Spectrum rules should be based on physics, not politics.
Work with and
spend time with Members of Congress and especially Commerce Members, their
staff, and have frequent, calendared meetings, rather than showing up for
contentious hearings that are often a waste of valuable staff time and slow
down the efficiency of the agency. Investing time on the front end can save
countless hours of Congressional questions. And, go to their Districts. Get out
of the building and see what is going on across this great country!
Do not
creatively find ways to expand the FCC's legal authority.
Do not meddle in
private negotiations and business decisions. I could not have said it better
than my friends Cong. Upton and Walden:
“The D.C. Circuit’s decision to overturn the FCC’s meddling in program
carriage negotiations is welcome news,” “American viewers have unprecedented choice
in the content they watch, the services that deliver it, and the devices that
display it. In a dynamic market characterized by increased competition, rapidly
developing technologies, and evolving business models, government intervention
typically increases costs for consumers and reduces innovation. Our hope is
that Acting Chairwoman Clyburn and her eventual successor will take note of
this decision and begin reducing the agency’s intervention in the television
marketplace.”
Do find ways to
creatively resolve issues promptly and efficiently, i.e. set up "rocket
dockets," mediation, dispute resolution, dismiss the 1,000 plus dockets
that are multiple years if not decades old – have a dismissal docket every week
and give the industry a choice – a lengthy FCC process or this quick result;
then they can appeal – at least it gets work done more quickly for the FCC
staff!
And, whatever
you do, just don't spend a lot of time reading press reports – good or bad – until
you are moving out of the 8th floor.
Oh, and by the
way – could you honestly just rename and renumber the floors of the building
correctly – it is the 12th floor, not the 8th floor. And, good luck.
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