FCC Radically Revises Enforcement Drawdown

Three months ago, the FCC announced it was preparing to decimate its Enforcement Bureau by removing half its existing staff from the field and closing two-thirds of its field offices. The proposal, based on a $700,000 study prepared by outside consultants, did not sit well with anybody, and was popularly seen as the FCC effectively abdicating its role as police on the public airwaves.

That is, until last Tuesday, when the FCC announced it was abandoning that plan. There will still be enforcement cuts, but nearly not as draconian. Nine field offices are slated to close (instead of 16) and the agency has pledged to concentrate its field staff in markets where maintaining spectrum integrity is of primary importance. To make up for the offices that will be closed, the FCC will have not one, but two “Tiger Teams” ready for deployment on a short fuse. Even though it was brief, Chairman Tom Wheeler’s statement on the revised plan sounds contrite: “This updated plan represents the best of both worlds: rigorous management analysis combined with extensive stakeholder and Congressional input.”

In simple terms, the broadcast industry lit a fire under Congress about the importance of having something akin to recognizable (if not robust) enforcement activity by the FCC. This is the fruit of a carefully-coordinated lobbying campaign by the National Association of Broadcasters, New York State Broadcasters Association, and New Jersey Broadcasters Association, and the hook they used to make their counterattack on the FCC’s downsizing plan was pirate radio. The subject was mentioned repeatedly in Congressional hearings during which the reduction-in-force came up. And on the day that the FCC announced it was stepping back from eviscerating enforcement, a letter co-signed by more than 30 members of Congress to the FCC was released highlighting “Unauthorized FM Radio Operations in New York City.” Read More

Congress to Investigate FCC Enforcement Cuts

A one-two punch on Capitol Hill for the FCC’s plan to decimate its field enforcement presence. The chairman of the House Committee on Energy and Commerce chair Fred Upton (R-MI) dropped a letter on FCC Chairman Tom Wheeler April 23rd demanding all agency documentation, “including all drafts, memos, emails analyses, PowerPoint slides, interim reports, and the final report related to your proposal to close FCC field offices,” as well as “all internal communications and internal analyses, related to the Enforcement Bureau and Office of Managing Director joint recommendtion to the commission to close the FCC field offices.”

The FCC has until this Thursday (May 7) to respond. At present, Congress is working on the same stuff leaked to the public earlier this month. Read More

FCC Enforcement Cuts: The Fine(ish) Print

More details are trickling out about the proposal to dramatically slash the FCC’s enforcement presence in the field. To recap: two-thirds of the FCC’s 24 field offices would be closed, and staffing would be cut in half. To make up for the cuts, the FCC would establish a “tiger team” to descend on enforcement hot-spots, using pre-positioned equipment. Where the FCC cedes the field entirely, it seeks to establish relationships with private-sector interests to help with its job.

At a hearing on Capitol Hill last week on the FCC budget, Chairman Tom Wheeler attempted to explain the cuts. He said this is the first time the agency’s examined its enforcement activities in such depth in more than 20 years. They found the FCC’s “field footprint” to be “too large and inefficient.” His prepared testimony casts this as dispassionate math: simply put, the cost-per-employee out in the field is much higher than it is back at headquarters. Read More