OFFICE OF
THE CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
March 19,2010
The Honorable Joseph 1. Lieberman
Chairman
Committee on Homeland Security and Governmental Affairs
United States Senate
340 Dirksen Senate Office Building
Washington, D.C. 20510
Dear Chairman Lieberman:
On January 19,2010, the Government Accountability office (GAO) issued a report
entitled FCC Management: Improvements Needed in Communication, Decision-Making
Processes, and Workforce Planning (GAO 10-79).
In its Report, GAO recommends that the Commission "develop written policies on
interbureau coordination and commissioner access to staffanalyses; revise its public comment
process and its ex parte policies; and develop targets identifying expertise needs, strategies for
meeting targets, and measures for tracking progress."
Well before GAO issued its Report in January, the Commission had taken substantial
steps toward addressing the concerns underlying the GAO recommendations. In one ofmy first
acts after taking office at the Commission last summer, I named a Special Counsel for FCC
Reform. In August at an FCC open meeting, I announced that the leadership ofthe FCC would
focus on reform, transparency, and efficiency. In addition to naming a Special Counsel for FCC
Reform, I identified the Commission's Managing Director, General Counsel, and Chiefofthe
Office of Strategic Planning and Policy Analysis as the senior leadership for this reform team.
At the February 18,2010 open meeting ofthe Commission, the reform team -led by
Mary Beth Richards, Special Counsel for FCC Reform - made a presentation announcing recent
initiatives that directly address GAO's recommendations. At the meeting, the reform team
provided a detailed update on several agency-wide efforts to increase openness and transparency,
encourage public input, be more data-driven, and be a model ofexcellence in government. The
key topics covered by the reform agenda are the following:
• public safety readiness;
• data collection, analysis and dissemination;
• systems;
• communication;
• workforce planning and organization;
• rules and processes; and
• financial operations.
Page 2-The Honorable Joseph 1. Lieberman
This ambitious reform agenda covers topics that stretch well beyond the content ofGAO's
recommendations. In the pages attached to this letter, please find a discussion ofthe specific
recommendations made by GAO.
Revitalizing and retooling the FCC is a marathon, not a sprint. I believe that the
Commission has taken strong initial steps. Our goal is to establish the FCC as a model for
excellence in government. I can assure you ofthe Commission's commitment to
institutionalizing excellence and making the FCC a 21st-century agency for the information age
- one that strives to empower and protect consumers and families, and fosters investment and
innovation through fair, participatory, and data-driven processes.
I look forward to working with GAO and Congress to continue to improve the FCC and
how it interacts with the public. Should you have any comments or questions, I would be
pleased to discuss them with you.
•
Julius Genachowski
Enclosure
cc: The Honorable Rick Boucher
Director, Physical Infrastructure, Government Accountability Office
Office ofManagement and Budget
OFFICE OF
THE CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
March 19,2010
The Honorable Susan M. Collins
Ranking Member
Committee on Homeland Security and Governmental Affairs
United States Senate
344 Dirksen Senate Office Building
Washington, D.C. 20510
Dear Senator Collins:
On January 19,2010, the Government Accountability office (GAO) issued a report
entitled FCC Management: Improvements Needed in Communication, Decision-Making
Processes, and Workforce Planning (GAO 10-79).
In its Report, GAO recommends that the Commission "develop written policies on
interbureau coordination and commissioner access to staff analyses; revise its public comment
process and its ex parte policies; and develop targets identifying expertise needs, strategies for
meeting targets, and measures for tracking progress."
Well before GAO issued its Report in January, the Commission had taken substantial
steps toward addressing the concerns underlying the GAO recommendations. In one ofmy first
acts after taking office at the Commission last summer, I named a Special Counsel for FCC
Reform. In August at an FCC open meeting, I announced that the leadership ofthe FCC would
focus on reform, transparency, and efficiency. In addition to naming a Special Counsel for FCC
Reform, I identified the Commission's Managing Director, General Counsel, and Chief ofthe
Office of Strategic Planning and Policy Analysis as the senior leadership for this reform team.
At the February 18,2010 open meeting ofthe Commission, the reform team -led by
Mary Beth Richards, Special Counsel for FCC Reform - made a presentation announcing recent
initiatives that directly address GAO's recommendations. At the meeting, the reform team
provided a detailed update on several agency-wide efforts to increase opem1ess and transparency,
encourage public input, be more data-driven, and be a model of excellence in government. The
key topics covered by the reform agenda are the following:
• public safety readiness;
• data collection, analysis and dissemination;
• systems;
• communication;
• workforce planning and organization;
• rules and processes; and
• financial operations.
Page 2-The Honorable Susan M. Collins
This ambitious reform agenda covers topics that stretch well beyond the content ofGAO's
recommendations. In the pages attached to this letter, please find a discussion ofthe specific
recommendations made by GAO.
Revitalizing and retooling the FCC is a marathon, not a sprint. I believe that the
Commission has taken strong initial steps. Our goal is to establish the FCC as a model for
excellence in government. I can assure you ofthe Commission's commitment to
institutionalizing excellence and making the FCC a 21st-century agency for the information age
- one that strives to empower and protect consumers and families, and fosters investment and
innovation through fair, participatory, and data-driven processes.
I look forward to working with GAO and Congress to continue to improve the FCC and
how it interacts with the public. Should you have any comments or questions, I would be
pleased to discuss them with you.
Sincerely,
---.....-....-- .
Julius Genachowski
Enclosure
cc: The Honorable Rick Boucher
Director, Physical Infrastructure, Government Accountability Office
Office ofManagement and Budget
OFFICE OF
THE CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
March 19,2010
The Honorable Darrell Issa
Ranking Member
Committee on Oversight and Government Reform
U.S. House ofRepresentatives
B-350A Rayburn House Office Building
Washington, D.C. 20515
Dear Congressman Issa:
On January 19,2010, the Government Accountability office (GAO) issued a report
entitled FCC Management: Improvements Needed in Communication, Decision-Making
Processes, and Workforce Planning (GAO 10-79).
In its Report, GAO recommends that the Commission "develop written policies on
interbureau coordination and commissioner access to staff analyses; revise its public comment
process and its ex parte policies; and develop targets identifying expertise needs, strategies for
meeting targets, and measures for tracking progress."
Well before GAO issued its Report in January, the Commission had taken substantial
steps toward addressing the concerns underlying the GAO recommendations. In one ofmy first
acts after taking office at the Commission last summer, I named a Special Counsel for FCC
Reform. In August at an FCC open meeting, I announced that the leadership ofthe FCC would
focus on reform, transparency, and efficiency. In addition to naming a Special Counsel for FCC
Reform, I identified the Commission's Managing Director, General Counsel, and Chiefofthe
Office of Strategic Planning and Policy Analysis as the senior leadership for this reform team.
At the February 18,2010 open meeting ofthe Commission, the reform team -led by
Mary Beth Richards, Special Counsel for FCC Reform - made a presentation announcing recent
initiatives that directly address GAO's recommendations. At the meeting, the reform team
provided a detailed update on several agency-wide efforts to increase openness and transparency,
encourage public input, be more data-driven, and be a model ofexcellence in government. The
key topics covered by the reform agenda are the following:
• public safety readiness;
• data collection, analysis and dissemination;
• systems;
• communication;
• workforce planning and organization;
• rules and processes; and
• financial operations.
Page 2-The Honorable Darrell Issa
This ambitious reform agenda covers topics that stretch well beyond the content of GAO's
recommendations. In the pages attached to this letter, please find a discussion ofthe specific
recommendations made by GAO.
Revitalizing and retooling the FCC is a marathon, not a sprint. I believe that the
Commission has taken strong initial steps. Our goal is to establish the FCC as a model for
excellence in government. I can assure you ofthe Commission's commitment to
institutionalizing excellence and making the FCC a 21st-century agency for the information age
- one that strives to empower and protect consumers and families, and fosters investment and
innovation through fair, participatory, and data-driven processes.
I look forward to working with GAO and Congress to continue to improve the FCC and
how it interacts with the public. Should you have any comments or questions, I would be
pleased to discuss them with you.
Sincerely,
•
Julius Genachowski
Enclosure
cc: The Honorable Rick Boucher
Director, Physical Infrastructure, Government Accountability Office
Office ofManagement and Budget
OFFICE OF
THE CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
March 19,2010
The Honorable Edolphus Towns
Chairman
Committee on Oversight and Government Reform
U.S. House ofRepresentatives
2157 Rayburn House Office Building
Washington, D.C. 20515
Dear Chairman Towns:
On January 19,2010, the Government Accountability office (GAO) issued a report
entitled FCC Management: Improvements Needed in Communication, Decision-Making
Processes, and Workforce Planning (GAO 10-79).
In its Report, GAO recommends that the Commission "develop written policies on
interbureau coordination and commissioner access to staff analyses; revise its public comment
process and its ex parte policies; and develop targets identifying expertise needs, strategies for
meeting targets, and measures for tracking progress."
Well before GAO issued its Report in January, the Commission had taken substantial
steps toward addressing the concerns underlying the GAO recommendations. In one ofmy first
acts after taking office at the Commission last summer, I named a Special Counsel for FCC
Reform. In August at an FCC open meeting, I announced that the leadership ofthe FCC would
focus on reform, transparency, and efficiency. In addition to naming a Special Counsel for FCC
Reform, I identified the Commission's Managing Director, General Counsel, and Chief ofthe
Office of Strategic Planning and Policy Analysis as the senior leadership for this reform team.
At the February 18,2010 open meeting ofthe Commission, the reform team -led by
Mary Beth Richards, Special Counsel for FCC Reform - made a presentation announcing recent
initiatives that directly address GAO's recommendations. At the meeting, the reform team
provided a detailed update on several agency-wide efforts to increase openness and transparency,
encourage public input, be more data-driven, and be a model ofexcellence in government. The
key topics covered by the reform agenda are the following:
• public safety readiness;
• data collection, analysis and dissemination;
• systems;
• communication;
• workforce planning and organization;
• rules and processes; and
• financial operations.
Page 2-The Honorable Edolphus Towns
This ambitious reform agenda covers topics that stretch well beyond the content ofGAO's
recommendations. In the pages attached to this letter, please find a discussion ofthe specific
recommendations made by GAO.
Revitalizing and retooling the FCC is a marathon, not a sprint. I believe that the
Commission has taken strong initial steps. Our goal is to establish the FCC as a model for
excellence in government. I can assure you ofthe Commission's commitment to
institutionalizing excellence and making the FCC a 21st-century agency for the information age
- one that strives to empower and protect consumers and families, and fosters investment and
innovation through fair, participatory, and data-driven processes.
I look forward to working with GAO and Congress to continue to improve the FCC and
how it interacts with the public. Should you have any comments or questions, I would be
pleased to discuss them with you.
Sincerely,
--------- .
Julius Genachowski
Enclosure
cc: The Honorable Rick Boucher
Director, Physical Infrastructure, Government Accountability Office
Office ofManagement and Budget
Discussion of GAO Recommendations
Inter-Bureau and Office Coordination and Commission Access to StaffAnalysis
GAO recommends that the FCC "develop written policies on interbureau coordination and
Commission access to staffanalyses." As GAO notes, the Commission has at times had various
internal written processes and procedures regarding inter-bureau collaboration and
communication, most ofwhich are adhered to presently.
First with Acting Chairman Michael Copps in his remarks to agency staff, and confirmed on
numerous occasions by Chairman Genachowski, Commission staffhas been instructed to work
under an open communication philosophy. The Commissioners' legal advisors attend weekly
meetings with all the bureau and office chiefs; many ofthe bureau and office chiefs have
standing meetings with the Commissioners; and there are regular meetings with the bureau staff
and Commissioners' staffto discuss upcoming matters. Internal and external communication,
coordination and cooperation are a prominent part ofthe FCC's reform agenda. In addition to the
two instances where the Special Counsel for FCC reform has briefed the Commissioners and the
public at the Commission's agenda meeting, the Special Counsel and Managing Director have
briefed Hill staffon several occasions on the reform agenda. The presentations from those
agenda meetings are posted to the Commission's web site. Additionally, on February 18,
Chairman Genachowski issued a Memorandum to all Bureau and Office Chiefs formalizing a
process for inter-Bureau and office consultation. This Memorandum incorporates the best
practices ofthe past and the present into the agency's future internal procedures.
In addition to articulating and implementing the policy for internal coordination in place, the
Commission has taken substantial steps to make itselfa more open and transparent organization.
In August 2009, we launched "reboot.fcc.gov" - an internal online forum where employees can
submit their ideas for improving and reforming the agency. Our efforts to improve
communications are, however, not just internal. We are committed to altering how the agency
works with the public as well. In January, we launched the reboot.fcc.gov website for the public,
providing a site where citizens can offer their ideas for FCC reform.
Our goal is an inclusive decision-making process through which the public can be involved in
the work ofthe Commission. The process undertaken for developing the National Broadband
Plan (which was delivered to Congress on March 17,2010) is the most inclusive in the agency's
history. Since April 2009, the Commission has held more than 35 public workshops and nine
field hearings; created Blogband - an FCC blog dedicated to sharing ideas and progress in the
development ofthe Broadband Plan; deployed an innovative "crowd sourcing" platform to
generate and encourage public input into policy proposals; developed informational content
viewable on YouTube, MySpace and Facebook; issued 30 Public Notices on broadband issues;
and, as ofFebruary 18, had 332,483 followers on Twitter - the third largest among federal
government agencies.
Ex Parte Reform
Another part ofour reform effort involves the notice and comment rulemaking process and ex
parte policies ofthe Commission. In its recommendations, GAO urges the Commission to
"revise its notice and comment regulations and its ex parte policies."
At the February 18,2010 open meeting, the Commission adopted unanimously two Notices of
Proposed Rulemaking (NPRM) that relate to GAO's findings. In the first ofthese NPRMs, the
Commission began a proceeding to reform our ex parte rules. Specifically, the NPRMseeks
comment on proposals to raise the level ofdisclosure provided by notices ofex parte
presentations, and improve the ease and speed ofaccess to those notices. The NPRMseeks
comment on proposed rule changes that directly address GAO's recommendations, among other
issues.
The second NPRM adopted at the February 18 meeting seeks comment on proposed revisions to
the Commission's procedural rules. With this NPRM, the Commission intends to increase the
efficiency ofthe agency, modernize our procedures, and enhance the Commission's openness
and transparency. Both ofthese items included draft rules - a practice strongly encouraged in
GAO's recommendations. Furthermore, both items ask for public comment on the proposals,
even though notice-and-comment rulemaking is not required by law for changes to agency
procedural rules.
In addition to the ex parte reform outlined in the NPRM, we have already overhauled our
Electronic Comment Filing System (ECFS), which allows consumers to submit, research, and
print comments filed with the agency. The system was 10 years old and in great need ofan
upgrade. The improved ECFS is easier to navigate, has greater search capabilities, permits the
filing ofcomments into multiple proceedings with a single submission, and allows filers to learn
ofnew comments matching criteria via RSS feeds, among other enhancements. These changes
to ECFS directly improved external stakeholders' ability to locate and respond to ex parte
summaries filed by other interested parties.
Strategic Human Capital Planning
In its recommendations, GAO states that the Commission should "develop targets identifying
expertise needs, strategies for meeting targets, and measures for tracking progress."
The report states that the FCC faces challenges in ensuring it has the expertise needed to adapt to
the changing marketplace. It cites as an example the high percentage ofstaffengineers and
economists who are eligible for retirement. It further states that the FCC faces difficulty
recruiting top candidates. While agreeing that it is critical that the agency maintain needed
expertise for effective decision making, we disagree that the Commission has difficulty
recruiting top candidates.
We are working to create an environment that is a model ofexcellence. In doing so, we are
focusing our efforts to hire, retain, and train people to be the next leaders ofthe FCC, and
continue to be the leading experts in communications for the new century. We are looking at our
current staffing level, organizational structure, and staffing needs both currently and in the
future. As GAO noted, there is no consensus regarding what ifany organizational changes are
needed.
To address our human capital needs, we are doing the following:
2
• finalizing a review of our engineering and economist resources;
• filling other staffing needs throughout the agency;
• revitalizing our Office of Workplace Diversity;
• forming teams, working groups and task forces on a broad range of topics.
As GAO notes, the FCC already makes efforts to determine the critical skills and competencies
that are needed to achieve its mission and programmatic goals, and has developed workforce
hiring and training strategies. Further, the FCC pursues a variety of strategies to address new
expertise needs and human capital challenges. With regard to the example of economist and
engineer retirement eligibility, as outlined in our Strategic Human Capital Plan, we identified the
high number of economists and engineers eligible to retire, and took steps to address this
concern. We ramped up engineering recruitment with an emphasis on entry level hiring. As
stated in the Report, 30 engineers retired during fiscal years 2007 and 2008, and the FCC hired
53 new engineers. Of those hired, 43 were at the entry level (GS-7 through 9), six were hired at
the mid level (GS-ll-13), and four at the top level (GS-14 and 15). As planned, we focused on
the entry level hiring, but recognized the need for higher level expertise as well. We identified
long term needs and successfully addressed them in the context of short term conditions. The
recently conducted review revealed that we will continue to require new engineering and
economist resources, and we have taken steps already to address those needs.
3