Boxes and lines
On Jan. 17, the FCC announced that it had approved (following union consent) a reorganization of the agency. Like baseball realignment, the union reps and the owners got together and decided that the FCC would reorganize for the purpose of increasing efficiencies and providing a more balanced schedule for future games.
Along with the notice was the typical chart, showing boxes in which each department of the agency was identified by title and duties. The reorganization is interesting and highlights the direction in which the FCC is headed. To assist my readers in understanding how the agency works, here are descriptions of the subparts of the FCC.
The commissioners — This is the body of politicians that runs the show and gets all of the photo ops. The four members (one position is vacant) spend time attending trade functions and international symposia, while their staffs keep up the day-to-day functioning of the agency. About once a month, they meet and vote on whether SBC and Verizon should merge and put the whole shebang out of business via outsourcing.
Office of Engineering and Technology — This office is responsible for all of that geeky engineering stuff, including the review of equipment to see if it should be operated in the market. To prove that the work they do is scientific, their main facility is referred to as the FCC “laboratories.” It is believed that this is the only group within the agency that uses a spectrum analyzer for anything other than an electronic lava lamp at office parties.
Office of Inspector General — This is the office that makes sure none of the FCC employees are walking off with office supplies. It produces yearly reports to Congress and the chairman to explain that a careful counting of rubber bands and paper clips demonstrates that shrinkage is within tolerable norms.
Office of General Counsel — This office is filled with lawyers, which should worry anyone. Its job is to review what the agency has done for political reasons and to give the results the patina of legality. When you challenge the FCC’s decisions, this is the group that sends the lawyer to court to repeat the mantra, “The agency has broad discretion … the agency has broad discretion …”
Office of Managing Director — This is the office that cashes the checks for filing fees. It is also in charge of internal housekeeping. Think of this as the office manager and billing department. If you want a refund, these are the guys who decide the issue.
Beneath the “offices” are the bureaus. This is where the bulk of the reorganization is taking place. For example:
Wireline Competition Bureau — Its title suggests that the agency is really serious about jump-starting local wireline competition. If you don’t believe it, just look at the title. Also, check out the millions of dollars in fines the FCC is levying against some of the LECs who promised that they would create a competitive environment and have shockingly failed to help spur competition in their marketplaces.
Enforcement Bureau — Instead of having each bureau engage in investigation and enforcement of rules violations, the FCC has consolidated this function into one bureau that is supposed to kick in the doors, search the papers and haul the bad guys into court. The concept is good. However, I have noted that some of the bureau’s employees lack the specific knowledge of operations that the other bureaus have about their group of regulatees. But, give it time, and this bureau may become one of the most visible.
Wireless Telecommunications Bureau — If a device sends a radio signal from a licensed station and the signal isn’t television or broadcast radio, the WTB is the bureau that regulates it. Public safety, private, commercial, cellular, PCS and microwave all fall under this bureau. The auction division does too. These are the people who made popular the phrase “exponential smoothing.”
Media Bureau — The FCC combined cable and broadcast regulation under this single bureau. What is not clear is whether the new Media Bureau will also regulate ISP offerings over broadcast facilities. Likely it will, but one has to wonder how this hybrid of wireline and broadcast will be handled.
Consumer and Governmental Affairs Bureau — This bureau grew out of the old Field Operations Bureau’s hotline call-takers who sought to respond to consumer and licensee questions about whether the FCC cared that your phone bill was harder to read than the tax code. Don’t call them about violations of FCC rules. Call them if you want to know who to call. They are better with referrals than answers to specific questions.
The agency also sports the Office of Media Relations (office of flack); Office of Plans & Policy (the futurists, economists and people who never have to pay for implementation of their ideas); Office of Communications Business Opportunities (the never-heeded office that supports small business concerns); Office of Workplace Diversity (beats me); and Office of Legislative Affairs (where the FCC’s lobbyists hang out).
The only thing in the reorganization that remains a mystery is why the Enforcement Bureau got stuck with regulating common-carrier audit functions. The only thing I can figure is that the bureau chief left the room to heed nature’s call and was voted into the job in his absence.
Schwaninger, MRT’s regulatory consultant, is the principal in the law firm of Schwaninger & Associates, Washington, which is counsel to Small Business in Telecommunications. Schwaninger is also a fellow of the Radio Club of America. His email address is [email protected].
