[Congressional Record Volume 157, Number 41 (Thursday, March 17, 2011)]
[Senate]
[Pages S1832-S1833]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE (for herself and Mr. Warner):
  S. 611. A bill to provide greater technical resources to FCC 
Commissioners; to the Committee on Commerce, Science, and 
Transportation.
  Ms. SNOWE. Mr. President, I rise today, along with Senator Warner, to 
reintroduce legislation that provides greater technical resources to 
the Commissioners of the Federal Communications Commission. Such 
resources are essential to making sound regulatory decisions and being 
a more effective technical agency--especially in this era of rapid 
innovation in the industries under the Commission's jurisdiction.
  Specifically, the FCC Technical Expertise Capacity Heightening or 
``FCC TECH'' Act would allow Commissioners'' to appoint a staff 
member--an electrical engineer or computer scientist--to provide in-
depth technical consultation, and commission a study by the National 
Academy of Sciences on the technical policy decision-making process and 
the availability of technical personnel at FCC. The study would include 
an examination of the FCC's technical policy decision-making, current 
technical personnel staffing levels, and agency recruiting and hiring 
processes of technical staff and engineers, and make specific 
recommendations to improve these areas.
  Over the past several years, I have shared the concerns voiced by the 
technical community and even some Commissioners themselves about the 
lack of technical resources and expertise at the FCC. Such concern is 
warranted. In 1948, the FCC had 720 engineers on staff; today, it has 
fewer than 270--an astonishing 63 percent reduction--even though the 
FCC now must face more technical issues concerning the Internet, 
advanced wireless communications, commercial cable & satellite 
industries, and broadband. It should be noted that engineering staff 
currently only accounts for a dismally low 14 percent of the FCC's 
workforce--in 1948 that figure was more than 50 percent.
  A December 2009 report by the Government Accountability Office (GAO-
10-79) provides additional evidence of the need for this legislation. 
The GAO concluded that ``weaknesses in FCC's processes for collecting 
and using information also raise concerns regarding the transparency 
and informed nature of FCC's decision-making process.'' Furthermore, 
the report found the ``FCC faces challenges in ensuring it has the 
expertise needed to adapt to a changing market place.''
  So in a time when citizens are demanding more effective and efficient 
government and zero government waste, taking such steps as prescribed 
by this legislation will ensure the FCC is adequately equipped legally 
and technically to properly craft policy. It should be noted this 
legislation does not require new staff--it just makes better use of 
them. In addition, streamlining FCC processes and rulemakings will make 
sure the Commission keeps pace with the dynamics of the industry it 
oversees, which is important in order for U.S. companies to continue to 
be competitive in this global economy.
  In a letter I wrote to Chairman Genachowski last year, I highlighted 
several outstanding spectrum proceedings that I urged the Commission to 
conclude. The proceedings I mentioned had a common characteristic that 
concerned me--all of them had been open for three years or longer, and 
another related proceeding had been pending for well over a decade. 
This regulatory delay and uncertainty due to the Commission's inaction 
adversely affects American businesses, which request technical waivers 
or file petitions to better compete domestically and internationally, 
and suppresses innovation and the jobs associated with it. We must make 
sure the Commission is a catalyst to innovation and jobs, not an 
inhibitor.

  Even the general public is aware of the significant technical deficit 
that exists at the Commission and the importance of increasing its 
technical aptitude--one of the top public recommendations on the FCC's 
reform website, reboot.fcc.gov, is to ``require at least one FCC 
Commissioner to be an engineer.''
  This Administration has stressed the importance of innovation being a 
vital component in our economic recovery, so allowing a shortage of 
technical

[[Page S1833]]

staff to exist at an agency responsible for regulating very technical 
industries that will be the main drivers for innovation is 
counterintuitive. The President has also placed a major emphasis on 
science, technology, engineering, and mathematics, STEM, education in 
order to enhance our nation's competitiveness and economic wellbeing in 
the global economy yet, engineers only constitute 14 percent of the 
FCC's workforce and, it is my understanding, there is only one engineer 
in a senior management role at the Commission today--the government's 
technical expert agency.
  This legislation enhances technical resources at the FCC so it will 
be better equipped and more agile to address the ever-changing 
technical landscape from a regulatory perspective. If it isn't, our 
nation's technical leadership in this area will continue to erode and 
it will be even more difficult to lay the proper policy foundation 
necessary to meet future telecommunications needs. It is also an 
essential component to execute the FCC's recently released National 
Broadband Plan, which includes several technically complex initiatives.
  Last Congress, several technical organizations expressed support for 
the legislation--the Institute of Electrical and Electronics Engineers, 
Society of Broadcast Engineers, Association for Computing Machinery, 
and the Association of Federal Communications Consulting Engineers. 
Also, prominent individuals in this field, such as Vint Cerf, and 
former Senior FCC Technical Officials Dale Hatfield, Dave Farber, and 
Robert Powers support the legislation.
  In the past, Chairman Genachowski has stated ``the country expects 
the FCC to be an expert agency.'' Being an expert agency starts with 
having the technical expertise to comprehensively understand and 
examine the issues that are within its jurisdiction and also acting on 
those issues in a timely manner. If it doesn't, our nation's technical 
leadership in telecommunications could continue to erode due to 
regulatory bottlenecks that are created at the Commission from 
unresolved proceedings and petitions. Removing the bottlenecks that 
exist through streamlining processes and removing bureaucracy will 
reduce government expenses and waste over the long term.
  This bill takes steps toward properly addressing glaring technical 
deficiencies at the Commission, which left unaddressed could continue 
to hamper American innovation and competitiveness. This is absolutely 
critical given how rapidly technologies are changing and the 
implications that regulation could have on the underlying technical 
catalysts of innovation. That is why I sincerely hope that my 
colleagues join Senator Warner and me in supporting this critical 
legislation.
                                 ______