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from: Technoogy Daily

At Hearing, House Democrats Grill FCC Chairman Martin

By David Hatch

(Wednesday, March 14) The gloves came off as Democratic House members who had waited years to conduct FCC oversight leveled strong accusations at FCC Chairman Kevin Martin.

The hearing before the Energy and Commerce Telecommunications and the Internet Subcommittee, chaired by Rep. Edward Markey, D-Mass., marks the second time this year that the FCC's five commissioners have have testified before Congress as a group.

Markey made it clear that the commissioners would be back. "We intend to have them appear as frequent guests this year," he observed wryly.

Declared Energy and Commerce Chairman John Dingell, D-Mich., "The FCC has strayed from its sole duty -- that is, to implement the laws as passed by the Congress."

Dingell hinted that the panel might schedule an oversight hearing "every month to keep the business of the commission on track."

And Rep. Anna Eshoo, D-Calif., was relentless in her criticism. "I can't help but think that you needed someone to guide you to the [hearing room] since it's been a very long time," she quipped.

Eshoo asserted that, under Martin's tenure, the FCC has lacked transparency and acted in a heavy-handed manner.

"Many of the actions taken by the FCC in recent years bear out what I just said," she contended. Eshoo gibed that Martin, a Republican, is "now the father of a new word in the English language: unrecused."

The latter was a reference was to Martin's efforts last year to permit a fellow Republican, FCC Commissioner Robert McDowell to vote on the AT&T-BellSouth merger, which eventually was approved without McDowell's participation.

McDowell was recused due to his previous role at an industry association opposed to the transaction.

"I'd never heard of 'unrecused' before," she stated, adding, "I don't think that action has instilled confidence in the commission with the American people."

Eshoo also lashed out at Martin and fellow Republican FCC Commissioner Deborah Taylor Tate for appearing to indicate they would not enforce certain conditions of that merger.

But Martin insisted that, while he disagrees with some of the restrictions, the FCC would enforce all of them.

The hearing addressed a litany of issues, including allegations that the National Security Agency obtained telephone records without warrants for surveillance purposes. Markey urged the FCC to investigate the matter, but Martin said he is seeking guidance from the Justice Department.

Dingell and Markey also complained that an FCC decision late last year to ease franchise restrictions for new video programming providers usurps local authorities.

"Americans currently suffer from a lack of a broadband plan," complained Markey, echoing concerns raised by other members. He noted that, depending on the study, the United States ranks anywhere from 15th to 29th in the world regarding penetration of such high-speed Internet service.

Energy and Commerce ranking member Joe Barton, R-Texas, turned the tables by asking the Democratic commissioners why they sought to impose Internet regulations on AT&T and BellSouth when Congress rejected the concept last year.

Democratic FCC Commssioners Jonathan Adelstein and Michael Copps responded that the safeguards were warranted because they were specific to the deal and would protect consumers.

Martin reiterated his opposition to such restrictions, arguing that they would dissuade investment. But Markey -- a proponent of the idea -- vowed to hold hearings on the issue.