[Congressional Record Volume 153, Number 160 (Monday, October 22, 2007)]
[Extensions of Remarks]
[Page E2190]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    INTRODUCTION OF BILL ON PROTECTING CONSUMERS THROUGH THE PROPER 
                   FORBEARANCE PROCEDURES ACT OF 2007

                                 ______
                                 

                          HON. JOHN D. DINGELL

                              of michigan

                    in the house of representatives

                        Monday, October 22, 2007

  Mr. DINGELL. Madam Speaker, I rise in support of the bill entitled 
the ``Protecting Consumers through Proper Forbearance Procedures Act of 
2007'', which I am introducing today. This legislation is intended to 
correct persistent problems in procedure created by two words in the 
Communications Act of 1934, as amended.
  Section 10 of the Communications Act permits a telecommunications 
carrier to file a petition with the Federal Communications Commission, 
FCC, asking the FCC to forbear from applying certain statutory or 
regulatory requirements to it. The FCC may grant forbearance if it 
finds that doing so is in the public interest.
  It is certainly within the prerogative of Congress to create a 
statutory regime that permits a regulatory agency to forbear from 
applying a statutory requirement, so long as the agency finds that 
consumers will continue to be protected and well served. The problem in 
this circumstance is that the statute states that the carrier's 
petition will be ``deemed granted'' if the FCC does not act within a 
prescribed timeframe. In other words, if the clock runs out before the 
FCC has reached agreement on the merits of a petition, the petition is 
automatically granted.
  This untenable situation must be corrected. It can and has led to 
undesirable results.
  First, the FCC last year permitted one forbearance petition to be 
``deemed granted'' without issuing an accompanying written order, 
thereby making it impossible for Congress or the courts to ascertain 
the scope of relief granted or the legal rationale supporting the 
agency action. In this situation, which could easily occur again, it is 
difficult for Congress to conduct proper oversight of the 
implementation of the Communications Act, as well as oversight of the 
telecommunications industry.
  Second, the ``deemed granted'' language results in unsound decision-
making at the FCC. Faced with contentious, complicated issues as set 
forth in these petitions, the FCC now routinely waits until the last 
possible minute--in some cases literally the 11th hour--to make a 
rushed decision. All the while, during the FCC's deliberations, the 
threat of an automatic grant of forbearance from statutory provisions 
hovers over the proceedings. Such a disjointed process is not likely to 
result in public policy that benefits consumers.
  This bill simply removes the ``deemed granted'' language from the 
statute. Carriers are still free to seek forbearance, and the FCC may 
still grant forbearance where appropriate. But the ``deemed granted'' 
language must be removed to safeguard the ability of Congress and the 
courts to conduct appropriate oversight, to protect consumers, and to 
restore transparency to the decision-making process.

                          ____________________