WASHINGTON-House telecommunications subcommittee Chairman Billy Tauzin (R-La.) early this week plans to ask the Justice Department to investigate alleged lobbying violations by the Federal Communications Commission.
The lobbying activity in question involves faxes sent by the FCC to congressional staff positioned against a bill passed by the House on April 13 that would repeal the agency’s new low-power FM radio broadcast rules.
In an April 14 letter to Tauzin, Kennard said he is confident the FCC “complied in all respects with the Anti-Lobby Act.”
“I believe it is important to inform you that the commission scrupulously adheres to the Department of Justice’s guidance concerning the activities covered by the statute,” said Kennard.
In addition to allegations of illegal lobbying, Tauzin in recent months has accused the FCC of shaking down telecom firms seeking merger approval.
The current dispute has potentially broad implications, particularly regarding the FCC’s push on Capitol Hill in recent years to secure legislation that would enable the FCC to retrieve licenses from bankrupt wireless firms, like NextWave Telecom Inc.
When confronted by Tauzin on the matter last year, Kennard denied conducting a lobbying campaign for wireless bankruptcy legislation.
At the same, it is clear bankruptcy reform has been a top priority for Kennard and that the FCC has succeeded in rounding up support-primarily on the Senate side-for its cause.
Steven Berry, top lobbyist for the Cellular Telecommunications Industry Association, last week said the FCC called him as well as individual wireless companies to enlist their support for bankruptcy changes.
“Anyone who doesn’t believe the FCC has engaged in prohibitive lobbying believes in the tooth fairy,” said Johnson.
Asked whether he believes there are parallels between FCC lobbying on low-power FM radio and bankruptcy legislation, Tauzin spokesman Ken Johnson emphatically replied, “Absolutely.”
“If DOJ turns a deaf ear, I suspect Billy will call hearings that are not restricted to this (low-power FM radio rules). It will open a whole can of worms,” said Johnson.
Moreover, Johnson said Tauzin is prepared to subpoena Kennard to appear before his committee on lobbying. Tauzin apparently is miffed about Kennard’s failure to show up at several telecom hearings in recent months.
