Today, FCC Chairman Ajit Pai announced
a new pilot program with the
effort of making the FCC more open and transparent. Chairman Pai said that when
a proposed rulemaking is released publicly after the vote takes place it is “precisely
the opposite of transparency.” Chairman Pai states that under the new pilot
program he will publish proposed rulemakings on the same day that he presents
them to his fellow Commissioners. If successful, Chairman Pai said this reform
will become common practice at the FCC.
In a January 2017 blog entitled “A
Proposal for Trialing FCC Process Reforms,” FSF President Randolph May
proposed a number of process reforms for the FCC. Specifically, Mr. May
proposed that the FCC publish its items online before the Commission votes,
adding that “it seems to make little sense to deny the public access to the
full text of the item.” Mr. May also stated: “Posting the text on the
Commission’s website will eliminate disparities in access by the public to
Commission information and also reduce misunderstandings that arise from
selective filtering and partial release of snippets of the draft item.”
I commend Chairman Pai for his leadership in establishing
such an important process reform. FSF scholars have been critical of the
Commission for lacking transparency during its rulemaking process. By allowing
the public to access proposals before the Commission votes on them, the FCC
will establish greater transparency and public confidence.
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