Local, State Governments Try to Raise Voices at Pai FCC

An FCC spokesman said the agency is eager for input. Not all agree. Rep. Anna Eshoo, D-Calif., House Communications Subcommittee ranking member Mike Doyle, D-Pa., and 12 other House Democrats sent a letter last week to Pai urging him to expand the number of state and local government officials on BDAC (see 1711070082). Such concerns also were raised this week at a meeting of state regulators (see 1711140048).

Not having enough local voices “has been a challenge both logistically and in terms of some of the initial recommendations coming out of the draft documents,” said Shireen Santosham, chief innovation officer and BDAC designee for San Jose Mayor Sam Liccardo (D), who was at first the committee’s sole local member. With working groups racing "on an incredibly accelerated timeline, there are too few local officials to weigh in on the reports, and certain sections are being drafted with little local government input,” Santosham said. She said BDAC rules allowed a telecom industry association to share draft documents with members, but barred cities from sharing with other cities that are considered separate entities: “This type of bias becomes a challenge when you are trying to work together on solutions.”

“It’s pretty lonely,” Huckaba said of his time on the federal regulator's panel. It added Huckaba after local governments criticized BDAC membership (see 1706010054); in September, the FCC added working group member Larry Hanson, city manager of Valdosta, Georgia, to the full BDAC (see 1709010046). Huckaba said he’s one of a few “not being paid to be there.” When the FCC formed BDAC, the Intergovernmental Advisory Committee -- of which Huckaba is vice chair -- raised concerns that its constituencies weren’t well represented, Huckaba said.

More Advocates Sought

Huckaba is a “great advocate for cities, but it doesn’t by any stretch of the imagination make the BDAC more likely to address local concerns,” said Gary Resnick, mayor of Wilton Manors, Florida: Industry still dominates and “there is really no interest on the part of the industry in trying to address local concerns.” At Pai’s FCC, “there seems to be less opportunity for local governments to have a seat at the table,” said Resnick, a leader elected on a nonpartisan basis.

But Huckaba spoke optimistically about BDAC discussions. It “was set up pretty heavily focused on industry and their perspective,” aimed at what local and state governments are “doing wrong,” he said. But there’s a “real desire -- at least by the people I’m working with -- to fix the real problems and not just to point fingers,” he said.

Local governments seek “a fair and balanced approach to broadband deployment and want to work with industry,” Santosham said. “Neither of us can tackle the digital divide and speed broadband deployment alone." Local governments continue to seek Pai's attention on deployment issues (see 1711060039).

States also raised concerns about BDAC membership. NARUC in July passed a resolution seeking more state and local members (see 1707180007). NARUC wants “a little more balance” in committee membership, said Telecom Committee Chairman Paul Kjellander, a Republican commissioner from Idaho. This week, the group's meeting also touched on the federal panel.

The association usually submits one name when a federal regulator seeks state representation on a committee, so for BDAC the state regulator association suggested Massachusetts Department of Telecommunications and Cable Commissioner Karen Charles Peterson, said Kjellander. The FCC added Peterson, “which we’re very grateful for, but when we saw the size of the BDAC, it became somewhat clear … that in terms of the balance of representation, it would probably be good to get some additional state representation.”

Don't Forget States

"There's very limited representation from the states," said Nebraska Public Service Commissioner Crystal Rhoades, a Democrat. "It's the states that get the complaints from the customers. It's the states that have to resolve the issues that arise out of these policies. ... It's very important the states get adequate input into the process and policymaking." The FCC must include states to get states’ support, Rhoades said: “If they don't, I envision this becoming an extremely litigious environment.”

Montana Public Service Commissioner Travis Kavulla is less worried, though the former NARUC president voted for the July resolution. It would be difficult for many state commissioners to make time, especially those like him who work far from Washington, Kavulla, a Republican, said. “Even when states have less membership than they should on a given body, it's nonetheless understood that those members punch above their weight because they represent … something other than a narrow interest with a private profit motive.”

Pai “has been eager to hear the input of state, local and tribal officials, and that’s part of the reason why he’s made it a point to get out of" Washington, said a spokesman. The representative highlighted meetings with Arizona Gov. Doug Ducey (R), tribal leaders from South Dakota's Rosebud Sioux Reservation, and public safety officials in Indiana, Illinois, Missouri and Kansas. He said Pai "has been actively reaching out to government officials across the country to gain their perspectives as the FCC works to bridge the digital divide and protect public safety."

Huckaba said Pai is more inclusive than then-FCC Chairman Tom Wheeler, though both are driving agendas. Pai has been accessible to states, though it’s early in his chairmanship, Kjellander said. He said he met Pai in February during NARUC meetings in Washington: “I don't think he's trying to hide anything about where they're headed.”