Dear Chairman Genachowski: The Honorable Julius Genachowski Chairman Federal Communications Commission 445 12th Street SW Washington, DC 20554 CAt:UIS I.L\DERSIIII'S, LAW EN"FORCBfF:!'o'T CAUCUS, CO·CHAIR NORTHERN DORDER CAUCUS, CO-CIlAIR cmIMrrrn:, ENERGY AND COMMERCE RURAL CAUCUS bUIlCml.'IIlTEES. OVERSIGHT A.....O L'lVESTIOATIO;,\S CHAJRJf~\N CO;\f;\IU-;-.rlC,\TlONS, TECHXOLUUYANU 'I llE 1'\11FRi\"F,T COM:\lERCE, TRADE ANDCO~SlJ}.lERPROn:cnO~ Cot/gress iftheVttitedjtates J{Ousr q!'R.tpresmtativcs "WashillgtoJl) 'DC 20515-2201 BART STUPAK 1ST Dls'l RItT. MKHIGAN December 1, 2009 httD:llwww bouse EQvlsrupak (Emaillhrollgh Web,ite) SCOrf SCIlLOEOEL-CHIEF orSTAn TO.\1 BALDINI-Dlslfller !Jllo-:cnH{ '2268 RAYUURN HOUSE OFFICE IJUILDING W,\SHINOm"" DC 20515-2201 PlID:>m: (202) 225-4735 PM; (202) 225--4744 On January 8, 2008, the House Energy and Commerce Committee's Subcommittee on Oversight and Investigations began a formal investigation into the FCC's regulatory processes and management practices. The Energy and Commerce Committee's findings identified a number ofissues and provided a roadmap for an improved FCC under your leadership. On September 17, 2009, the Subcommittee on Communications, Technology, and the Internet held its first hearing with the newly formed Commission. During this hearing, I reiterated to you and your fellow Commissioners the enormous responsibility your agency is tasked with and the need for the FCC to make decisions in a timely, thoughtful, and fair manner. However, it was stated that while the FCC may undergo a number of procedural and management reforms without additional Congressional authorization, there was at least one issue identified where Congressional action would be necessary. Specifically, Commissioner Michael Copps identified provisions within the "Government in the Sunshine Act" that prohibit the Commission from operating in a truly collaborative nature. The "Sunshine Act" prohibits more than two Commissioners from discussing complex and contentious issues pending before the agency, in a private setting. I am concerned that this prohibition may have the unintended effect ofinhibiting the necessary exchange ofideas and frank discussions that Congress expects fl.·om a multi-member body. In order to address this issue, I have introduced legislation (enclosed) that seeks to strike a balance between the need for transparency and increased collaboration among the FCC Commissioners. My legislation authorizes the Commission to hold limited non-public, collaborative discussions when a bipm1isan quorum is present. Such discussions will be monitored by the Office ofGeneral Counsel to ensure compliance with the Act, such as a prohibition on voting. No later than five days after such a discussion is held, the Commission would be required to publish on its website a summary ofmatters discussed at the meeting. These collaborative discussions will be restricted solely to FCC Commissioners and staff. PU:'A.t;f: REl'u' To: o 616 SIlELDO" IIO"OHlO".~II4993 j (906)482-1.\71 o 2 SOlm-r 6111 STREI'T SUI II: 3 CRYSTAL fALLS. Mf 49920 (906) 875 .. J751 o 1229Wr:STW,\SIU:'\{i"(O:-': ~!ARQuErrr,MI498~5 (906)22~3100 o 902 lUIJI:-':UIOX STIIO~SIRl.bl POOS,"Y. MI 49770 (2JI) J-lS0657 o III EAST CHISHOL\l ALpCN'. MI ·19707 (9S9)356 -0690 o 575 COURT $TRu,r WES, Il""'WH, MI48661 (989) 3-15-2258 \}ISTRICT TOLL lnn, 800-950-REP1(7311) PRIN1ED ON Re:CYCLED PAPeR The Commission will still be required to take official actions in a public forum. My legislation would expire five years after its enactment to allow Congress an opportunity to review its implementation and decide whether the public interest benefited. I would appreciate a prompt response regarding my proposal from you and your fellow Commissioners. It is my hope, should my legislation be enacted, that the Commission will be better equipped to confront complex and contentious issues that have languished at the FCC for several years. ~ BART STUPAK Member ofCongress BTS/ef CC: Commissioner Michael J. Copps Commissioner Robert M. McDowell Commissioner Mignon Clyburn Commissioner Meredith Attwell Baker