WASHINGTON-The Federal Communications Commission’s 1998 review of its regulations, with an
eye toward eliminating those that were unnecessary, was insufficient, said FCC Commissioner Harold Furchtgott-
Roth.
“The official 1998 review had shortcomings … the [FCC] did not clearly review all of the rules required
under [the Communications Act], did not establish clear standards by which rules are evaluated, and did not produce a
full written record of the review … Conducting a biennial review is no easy task. All those involved with [the 1998]
review worked very hard and, in one sense, harder than necessary,” Furchtgott-Roth said in a report released last
month.
Furchtgott-Roth has been a consistent critic of the FCC’s regulatory policies, procedures and the on-going
biennial review. He has consistently urged the FCC to review all of its regulations. The report represents his attempt to
influence the biennial review process statutorily mandated to take place in 2000. “The shortcomings of the 1998
review can be corrected for the year 2000 review,” he said.
The report not only contains criticism of the 1998
process but also the results of a model review conducted by a team of legal interns. As part of the model review,
Furchtgott-Roth suggested the result of a review of three wireless regulations.
He would eliminate the rule
requiring that carriers receiving a commercial mobile radio services license show they have the financial wherewithal
to actually buildout and offer that service. The regulation is no longer necessary due to the reliance of auctions in
assigning licenses.
He would modify the rules requiring documentation that a license was obtained by auction. This
filing is duplicative.
He would maintain the rule requiring applicants to propose a contiguous cellular geographic
service area of at least 130 square kilometers.
Furchtgott-Roth believes the review process needs to begin with a
definition of public interest. He suggests the FCC adopt such a definition by the end of this year. The public-interest
definition then could be used as a benchmark for evaluating all of the FCC’s regulations throughout the 2000 biennial
review. According to the Furchtgott-Roth report, a final biennial report-which could include proceedings that have been
undertaken but not completed-would be released before 2001.
