Federal Communications Commission Process Reform Act of 2012

Floor Speech

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Mr. VAN HOLLEN. Mr. Chair, I rise in opposition to H.R. 3309, the FCC Process Reform Act. Although the bill's proponents say the legislation is drafted to make the FCC operate more quickly and efficiently, I believe the bill will have the opposite effect.

On the surface H.R. 3309 appears innocuous--directing the FCC to do what it already does: analyze the potential harm its rulemaking might have on markets, public institutions and consumers. The problem is that under this bill, FCC procedure would change to require it to formally file its analysis before issuing its ruling. That analysis would be subject to unending litigation and the additional level of procedure will significantly impair the FCC's flexibility to respond in real-time to challenges and expose the FCC to unnecessarily burdensome litigation. This change would hurt companies and consumers alike.

If this bill becomes law, all of the FCC's rulemaldng will be subjected to judicial review. Corporations seeking to avoid oversight would have new grounds to sue the FCC just because they disagree with the agency's reasoning. The FCC could be tied up in litigation for years debating whether a cost-benefit-analysis they did was thorough enough or whether sufficient regard was paid to the potential impact of a rule on company's share of the marketplace. One expert said that it could take 15 years just for the courts to clarify the meaning of the provisions in the bill.

Additionally, the bill impedes the FCC's ability to accept publicly beneficial commitments made by transacting parties during a merger. For example, if two large internet service providers wanted to merge and promised to provide increased access to low-income consumers in order to address FCC concerns about under-served areas, under the bill, the FCC could not accept that commitment.

Mr. Chair, I oppose this bill because by introducing new and unnecessary procedures into the FCC's process, the legislation will limit the FCC's ability to exercise its statutory duty to safeguard the public interest. And, if this bill becomes law, the FCC would be reduced to little more than a reporting agency for Congress.

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