[Congressional Record (Bound Edition), Volume 145 (1999), Part 11]
[House]
[Page 16336]
[From the U.S. Government Publishing Office, www.gpo.gov]



        THE FAIRNESS IN TELECOMMUNICATIONS LICENSE TRANSFERS ACT

                                 ______
                                 

                          HON. GEORGE W. GEKAS

                            of pennsylvania

                    in the house of representatives

                        Thursday, July 15, 1999

  Mr. GEKAS. Mr. Speaker, today I am proud to join with my chairman on 
the Judiciary Committee, Mr. Hyde, to introduce a bill that will 
restore stability and fairness to the process by which 
telecommunications licenses are transferred.
  In the House Judiciary Committee's Subcommittee on Commercial and 
Administrative Law, which I chair, we recently held a hearing where it 
was revealed that the Federal Communications Commission (FCC) has no 
administrative rules in place to govern license transfer proceedings. 
This is one of the most unusual oversight hearings I have ever 
conducted, because we are usually examining relatively narrow questions 
about whether given procedures have their intended effects. In this 
case, we observed bureaucrats unfettered by any rule or law. It 
inspired to confidence on my part, nor does it, I am sure, on the part 
of the American people.
  At risk of boring the Speaker through the sheer obviousness of my 
comments, let me say this: Regular administrative procedures are an 
essential protection for Americans. They force the government to play 
by rules that are known in advance. They give the public a chance to be 
heard, and they give the public finality. This allows Americans to 
organize their affairs in compliance with the law. When procedures 
change, all the benefits of regular order disappear, and the stink of 
unfairness begins wafting.
  In the absence of established procedures that stink has wafted over 
past and pending license transfer matters before the FCC.
  Our legislation requires the FCC to promulgate procedures for 
considering license transfers, but pushes the agency in no direction on 
what the procedures should be, other than open, honest, and fair.
  We are also interested in whether the FCC's ``public interest'' 
standard is a legal standard, or something different. A legal standard 
can be learned from public sources of law. It is written clearly so 
that the regulated public can predict what the agency will do. And a 
legal standard can be reviewed in court. It's unclear that the public 
interest standard meets any of these tests.
  Therefore, this legislation calls for the FCC to define and 
articulate that standard in a public rulemaking.
  Let me make something clear about this legislation, though, Mr. 
Speaker. It is an exercise of our jurisdiction over the administrative 
processes that govern this land. We require no particular outcome and 
offer no definition to guide the FCC's wisdom. We merely say, write 
whatever rules you like and adhere to them. I know of no way to ensure 
fairness in the regulatory process with a lighter touch than that.
  I call on the FCC--and I'm confident that my Committee Chairman, Mr. 
Hyde does as well--to promulgate clear regulations, both procedural and 
substantive, so that the telecommunications industry can continue to 
evolve at a rapid pace. If the FCC fails to deal with the 
telecommunications world even-handedly and fairly, I will be prompted 
to join those in Congress who are calling for a top-to-bottom review of 
the agency's authority.

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