Free Press Blasts FCC Over Net Neutrality, Invites Scrutiny in the Process

By Kelly Teal Comments
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“Everybody’s got an angle – even little Judy over there." Thank the charmingly sexist Bing Crosby for that observation of human nature because, this week, it seems an appropriate reminder that everyone has an agenda. Case in point: more reaction to the FCC’s Net neutrality meetings.

The FCC has been talking, for weeks, with various Net neutrality stakeholders as the agency explores how or whether to regulate an open Internet. And the FCC says it’s willing to meet with “all interested parties," as Chief of Staff Edward Lazarus noted in a June 22 blog. Yet, for at least the second time, media reform group Free Press is charging the FCC with holding “closed-door" discussions and jeopardizing the future of the Internet.

“Despite public outrage and repeated promises of transparency, the FCC continues to meet behind closed doors with the largest companies to negotiate a secret deal that would short-circuit public participation in policymaking that will shape the Internet for a generation," Josh Silver, president and co-founder of Free Press said in a July 28 statement. Silver was referring to a July 22 meeting the FCC held with Verizon Communications Inc., AT&T Inc., Skype, the National Cable & Telecommunications Association (NCTA) and Google Inc.

“The great irony here is that the FCC’s ‘transparency’ policy is part of the negotiations behind closed doors."

However, it’s fair to question Free Press over whether the FCC really is being opaque. The FCC enforces the “ex parte" process, requiring companies and organizations to summarize discussions that took place, whether in person or over the phone. Ex partes have been an FCC fixture for years but, recognizing the practice could use some change, the Julius Genachowski-led FCC in March started examining how to do that. Consensus has yet to be reached.

On top of ex partes, though – and those are available on the FCC’s blog and through its site about a day after a meeting takes place – the FCC keeps a searchable record of every docket. Plus, it holds public workshops on matters including Net neutrality. Finally, yes, stakeholders get to meet with FCC officials, and that’s what seems to bother Free Press. The group says it has not been invited to any of the talks at the FCC that include Google, Verizon, NCTA, the Open Internet Coalition and AT&T. And the organization tells VON/xchange there’s a difference between “being at the table during the real negotiations over a deal and meeting with the chief of staff or any other FCC staffer alone."

But, speaking of agendas and transparency, Free Press appears to be omitting some key information.

According to ex parte documents, Free Press has met with the FCC three times about Net neutrality.

Behind closed doors.

On July 2, Free Press met with general counsel and wireline competition bureau staffers; on July 20, Free Press execs met with FCC Chief of Staff Edward Lazarus; and on July 21, they met with Commissioner Michael Copps and several of his staff.

Here’s another point of omission. Free Press fails to mention that it is a member of the Open Internet Coalition – which took part in the July 22 meeting alongside Verizon, AT&T, Skype, NCTA and Google, and has met several other times with the FCC. That means Free Press’ point of view is being represented in FCC meetings, even if the group says it’s not invited.

Free Press seems to be operating on a double standard. But then again, isn’t that what agendas are all about?

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