An Innovative Process for an Innovative Proceeding

Next Generation TV is all about finding new and innovative ways for broadcasters to reach the public. That’s why we think it’s very fitting that one of the proceedings Federal Communications Commission (FCC) Chairman Ajit Pai picked to pilot the FCC’s innovative approach to transparency is a proposal to move forward with Next Generation TV.

This idea, first championed by Commissioner Michael O’Rielly, dramatically increases transparency in the Commission’s processes. It has always been the case that interested stakeholders in Washington can speak to staff in the commissioners’ offices to get a good sense of what is in an item on circulation. But, as they say, the devil is in the details. Frequently, those of us subject to the Commission’s rules can accept or even welcome the policy goal being advanced in an item, but complying with the specific rule as written by staff would be unnecessarily complex or burdensome. Without seeing the specific proposal before the Commission, stakeholders could only comment on broad outlines of a proposal.

I also know how helpful this approach can be for Commission staff. As a former Commission staffer, I often longed for feedback from stakeholders on the feasibility of the rules we were preparing to adopt. Unfortunately, because my colleagues could not share the text of the item publicly, we were limited in our ability to get that feedback. Chairman Pai’s innovation changes that, allowing stakeholders to provide more helpful input and allowing Commission staff to ask more specific questions.

Process reform like this can lead to tangible benefits down the road. When the Commission operates in the dark, it risks making avoidable mistakes that lead to petitions for reconsideration or litigation. This ties up Commission resources and is expensive and time consuming for industry and public interest groups alike. We’d much prefer the Commission get it right the first time, and increased transparency helps make that more likely.

Of course, NAB doesn’t support every word of the draft Notice of Proposed Rulemaking. If we did, it would be hard to see a reason to support publishing a preview anyway. For example, the draft asks a lot of questions about a tuner mandate, something we and our co-petitioners agree would be counter-productive to the goal of a market-based transition. Additionally, the draft devotes a lot of space to retransmission consent arguments that have no bearing on enabling innovation in broadcast services, other than to stifle them. However, the opportunity to see the item before the Commission adopts it gives us a chance to provide thoughtful feedback and help the Commission frame the debate.

We are thankful that we have had an opportunity to review the proposed rules before they are voted on to help ensure that the Commission’s proposals and questions make sense, and are even more excited about the prospect of having the same opportunity for draft Commission orders in the future. We applaud Commissioner O’Rielly for championing this approach and Chairman Pai for having the courage to implement it. We strongly believe the pilot will be a success.