Intergovernmental Advisory Committee Committee Chair …...3 . Office of Intergovernmental Affairs (IGA) Mission: • Conduct outreach to state and local governments and other federal
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2 Presentation Overview •Introduction •Office of Intergovernmental Affairs (IGA) –Mission and History –Overview of Work –Stakeholders –Outreach Work Examples –Input into CGB Rulemaking Process –Monthly State AG and State PUC Calls •Intergovernmental Advisory Committee –-Mission and History –Current Leadership and Membership –Current Policy Agenda –Meeting Process and Intergovernmental Exemption from the Federal Advisory Committee Act •IMLA Input Into IGA and the IAC
Presentation Overview •Introduction •Office of Intergovernmental Affairs (IGA)
–Mission and History –Overview of Work –Stakeholders –Outreach Work Examples –Input into CGB Rulemaking Process –Monthly State AG and State PUC Calls
•Intergovernmental Advisory Committee –-Mission and History –Current Leadership and Membership –Current Policy Agenda –Meeting Process and Intergovernmental Exemption from the Federal Advisory Committee Act
•IMLA Input Into IGA and the IAC
Presenter
Presentation Notes
Thanks very much for inviting us to speak to you about the FCC’s outreach to local governments. This morning we want to give you an overview of the FCC’s Office of Intergovernmental Affairs which we lead. We’ll focus on our mission, history, stakeholders, examples of our outreach work and input into the FCC’s rulemaking process, and our regular contacts with staff for state attorneys general and public service commissions. Then, we ‘d like to tell you about the FCC’s Intergovernmental Advisory Committee which we staff. We’ll speak about its mission and history, current leadership and membership, current policy agenda, and its meeting process, including its intergovernmental exemption from the Federal Advisory Committee Act. And finally, we’ll suggest how IMLA can have input into both our Office of Intergovernmental Affairs, IGA, and the deliberative process of the Intergovernmental Advisory Committee, the IAC. Then we’d be glad to take any questions you may have.
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Office of Intergovernmental Affairs (IGA) Mission: • Conduct outreach to state and local governments and other federal agencies • Foster better understanding of FCC programs, policies and rules • Facilitate two-way communication, cooperation and coordination on telecommunications
issues of mutual interest
History: • Created in April 2004 as part of the then new Consumer and Governmental Affairs Bureau
(CGB) (see next two slides: organizational charts of FCC and CGB) • Established to serve as chief liaison between the FCC and state, local and tribal
governments and their organizations as well as other federal agencies • Reorganized in 2010 to focus on liaison to just state and local governments and
organizations with the creation of the FCC Office of Native Affairs and Policy also in CGB Overview: • Conducts direct stakeholder outreach, e.g. coordinates and staffs quarterly meetings of the
Intergovernmental Advisory Committee; holds Webinars for stakeholders; responds on a daily basis to various inquiries from states and municipalities, as well as informs stakeholders of Commission actions
• Supports Consumer Policy Division of CGB in consumer rulemakings by assuring the inclusion of state and local government data and perspectives into the deliberative process, e.g., the anti-cramming rulemaking proceeding
• Works on various state and local government telecommunications issues with other FCC Bureaus and Offices as well as outside staffs of state attorney general offices and state public service or utilities commissions.
Presenter
Presentation Notes
3/28/2012
Acting Bureau Chief Kris Monteith
Deputy Bureau Chief Mark Stone
Deputy Bureau Chief William Freedman
Deputy Bureau Chief Karen Strauss
Acting Chief of Staff
Michael Carowitz
Senior Advisor Roger Goldblatt
Legal Advisor Michael Jacobs
Consumer Policy Division
Acting, Kurt Schroeder
Office of Intergovt’l Affairs Gregory Vadas
Consumer Info. and Complaints Div.
Sharon Bowers
Reference Info Center Acting,
Charles Alston
Web and Print Publishing Div. Howard Parnell
Consumer Affairs and Outreach Div. Susan Mclean
Disability Rights Office
Gregory Hlibok
Legal Advisor Robert Aldrich
Assistant Bureau Chief
For Management Tamika Jackson
Legal Advisor Deborah Broderson
Special Counsel
D’wana Terry
Office of Native Affairs and Policy
Geoffrey Blackwell
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IGA Stakeholders
• Council of State Governments (CSG) • National Association of Attorneys General (NAAG) • National Association of Counties (NACo) • National Association of Regulatory Utility Commissioners (NARUC) • National Association of State Chief Information Officers (NASCIO) • National Association of State Utility Consumer Advocates (NASUCA) • National Association of Telecommunications Officers and Advisors (NATOA) • National Black Caucus of State Legislatures (NBCSL) • National Conference of Black Mayors (NCBM) • National Conference of State Legislatures (NCSL) • National Governors Association (NGA) • National Hispanic Caucus of State Legislatures (NHCSL) • National League of Cities (NLC) • United States Conference of Mayors (USCM)
and International Municipal Lawyers Association
Presenter
Presentation Notes
IGA conducts its outreach to state and local governments primarily through approximately 15 national organizations which represent the interests of non-federal governments in the American political system. These range from the National Associations of Attorneys General, Counties, Regulatory Commissioners, and Telecommunications Officers and Advisors, to the National Governors Association, the National League of Cities, and the U.S. Conference of Mayors. IGA would be pleased to add the International Municipal Lawyers Association to the state and local government associations with which it interacts on telecommunications issues.
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IGA Outreach Examples
• Conducts Webinars and Briefings for State and Local Government Staff and Organizations
• Responds to Daily Inquiries from State and Local Governments
• Distributes to State and Local Government Organizations FCC Decisions and Action Items
Presenter
Presentation Notes
We’d like now to give you some examples of how IGA conducts its outreach to state and local governments. Webinars and Briefings: First, we organize and offer to state and local governments and their staffs and constituent groups both webinars and special briefings. Two times a year state and local government staff can go online or the phone to participate in digital “webinars” on important FCC issues with key FCC Bureau and Office staff making presentations and taking questions from listeners. IGA will hold its fourth Webinar next week on May 2. This will follow three very successful prior webinars held in 2010 and 2011 during which hundreds of state and local government officials and staff from around the country heard updated briefings on major, current FCC issues from highly knowledgeable FCC staff and got to ask their questions via the web or by phone. NAAG Briefing. On March 7, 2012, IGA moderated a very well received half-day briefing session for Assistant Attorneys General from around the country on key communications and consumer protection issues. They heard from and interacted with speakers from CGB as well as the FCC Enforcement Bureau and Office of General Counsel. Daily Inquiries: The second way we engage in outreach to state and local governments is to respond on a daily basis to various inquiries from state and local government officials and staff. For example, in the past month alone IGA handled a query from a state Assistant Attorney General about the sale or lease of this state’s telephone numbers within its area code to out-of-state companies and also responded to a city’s query whether it can tax or collect a fee for the use of mobile broadcasting trucks during nationwide broadcasts of soccer games from the city’s soccer stadium. Document Distribution: The third way we conduct outreach to state and local governments is to distribute on a regular basis important FCC decisions and action items to all of our 15 or so state and local government stakeholder associations and organizations. This past month alone, for example, we distributed a Public Notice to our state and local government group contact list informing them of publication in the Federal Register of the FCC’s Lifeline reform FNPRM and its comment periods on a proposal to expand digital literacy training. We also informed our IGA stakeholders of the FCC’s Feb. 16, 2012 vote and rulemaking order to protect consumers from automated robocalls we all hate to receive, especially at dinner time! �
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IGA Assures State and Local Government Input into
CGB Rulemaking Process
• Anti-Cramming Proceeding
• Consumer Disclosure NOI
Presenter
Presentation Notes
IGA also supports the Consumer Policy Division of CGB in consumer rulemakings by contributing state and local government perspectives and complaint data into the Division’s and CGB’s deliberative process. We do this by assuring state and local governments are aware of the rulemakings and by helping draft state and local government-related sections of the rulemakings. Here are two examples: Anti-Cramming NPRM. IGA drafted sections of the anti-cramming NPRM on state government complaints and federal-state coordination. To do so, we reviewed and summarized cramming complaint data from all 50 states and the Federal Trade Commission, as well as cramming-related litigation from the FTC. The extensive evidence of cramming IGA gathered from the states and the FTC helped persuade CGB and the FCC Chairman’s Office to move forward with the cramming NPRM. Consumer Disclosure NOI. IGA also drafted sections on state and local government actions for a Notice of Inquiry on consumer disclosure as well as a section of this NOI addressing the 2009 GAO report on FCC oversight of wireless services.
Monthly State AG and PUC Calls
• National Association of Attorneys General
(NAAG) Calls
• State National Action Plan (SNAP) Calls
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Presenter
Presentation Notes
Another regular and important part of our outreach program for state and local governments are our monthly conference telephone calls with staff from state Attorney General offices and state public service and public utilities commissions from around the country. NAAG Calls- IGA as well as staff from other FCC Bureaus and Offices participate in the monthly National Association of Attorneys General (NAAG) call. The Telecommunications Subcommittee of the NAAG Consumer Protection Committee is perhaps the largest consumer protection subcommittee in NAAG, with over 40 states as members. All Attorneys General consumer protection staff who work on telecommunications issues are invited to participate in the NAAG calls. State PUC and consumer protection staff working on telecommunications issues are also invited to participate (even if they do not work for the Attorney General). FCC and FTC staff participate in the first half of the conference call. The second half of the call is reserved for state government staff alone so they may discuss investigations and enforcement initiatives without federal officials present. Specific focus areas include cooperation in consumer education, investigations, enforcement, and rulemaking, federal legislation and regulatory initiatives. These calls are private call as enforcement initiatives may be discussed. SNAP Calls- IGA and other FCC staff also participate in the monthly State National Action Plan or SNAP call. The SNAP call participants consist of state PUC Commission and NARUC staff. The group’s three goals are to: (1) develop joint public information strategies to increase awareness and education on telecommunications issues affecting consumers; (2) coordinate enforcement actions to protect consumers against abuses that occur in the telecommunications marketplace; and (3) establish a network between the FCC and state commissions to coordinate regulatory initiatives. Like the NAAG calls, these SNAP calls are also private calls since enforcement initiatives may be discussed.
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Intergovernmental Advisory Committee Mission and History
• The mission of the IAC is to make recommendations to the Commission on the many communications issues affecting local, state and Tribal governments that are within the jurisdiction of the Commission.
• These issues range from major Commission policy priorities such as implementation of the National Broadband Plan, specifically expanded broadband adoption and deployment, especially in unserved and underserved rural and urban areas and Tribal lands.
• Issues also include improved public safety communications, facilities siting, universal service reform, and public rights-of-way.
• The IAC and its predecessor, the LSGAC, have a nearly 15 year history of policy recommendations to the FCC.
Presenter
Presentation Notes
Let’s turn now to the FCC’s Intergovernmental Advisory Committee or IAC. As you may know, the mission of the IAC is to advise the FCC on the many communications issues within the jurisdiction of the FCC that impact state, local and tribal governments. The IAC has a rich and nearly 15-year history at the FCC: -In 1997, the Commission first established the IAC’s predecessor, the Local and State Government Advisory Committee (LSGAC). On July 17, 2003, the Commission renamed the advisory body the IAC to reflect greater balance between state, local and tribal representation, and urban and rural representation, as well as to gain expertise in homeland security and rural matters. -Since 1997, the Committees have provided input into the FCC’s decision-making process through over 40 comments and policy recommendations on such issues as the transition to digital television, reform of cable regulation, principles to help analyze proposed telecommunications mergers, low power FM radio, cable franchise fees, access to multi-tenant buildings, interference with public safety communications, federal preemption of state and local zoning and other regulations, universal service reform, timely review of wireless tower siting, intercarrier compensation, the Emergency Alert System, and state and local rights-of-way regulation and compensation requirements.
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IAC Leadership
• Committee Chair - Joyce M. Dickerson, Commissioner, Richland County Council, South Carolina
• Committee Vice Chair - Marlin Blizinsky, Government Relations Officer, King County Department of Information Technology, Seattle, Washington
Presenter
Presentation Notes
The Chair of the IAC is Joyce Dickerson, Commissioner, Richland County Council, South Carolina. The Vice-Chair is Marlin Blizinsky, a Government Relations Officer for the King County Department of Information Technology, Seattle, Washington.
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IAC Membership
• 47 CFR 0.701(b) Membership. Composed of 15 government officials (or their designated employees): – 4 elected municipal officials (city mayors and city council
members) – 2 elected county officials (county commissioners or council
members) – 1 elected or appointed local government attorney – 1 elected state executive (governor or lieutenant governor) – 3 elected state legislators – 1 elected or appointed public utilities or public service
commissioner – 3 elected or appointed Native American Tribal representatives.
Presenter
Presentation Notes
The Commission’s rules provide for a committee of 15 government officials (or their designated employees). Specifically, the rules require that there be: 4 elected municipal officials (city mayors and city council members) 2 elected county officials (county commissioners or council members) 1 elected or appointed local government attorney 1 elected state executive (governor or lieutenant governor) 3 elected state legislators 1 elected or appointed public utilities or public service commissioner 3 elected or appointed Native American Tribal representatives.
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Current IAC Members • State Executive (1)
– Patrick Joseph Quinn, Governor, State of Illinois represented by Designee: Ryan Croke, Deputy Chief of Staff, Governor’s Office, State of Illinois
• Municipality Representatives (4)
– Michael R. Bloomberg, Mayor, New York, New York represented by Designees: Bruce Regal, Attorney, New York City Law Department; and Radhika Karmarkar, Attorney, New York City Department of Information Technology and Telecommunications
– Andy Huckaba, City Councilman, Lenexa, Kansas – Gary I. Resnick, Mayor, City of Wilton Manors, Florida – Arlanda Williams, Councilwoman, Terrebone Parish, Houma, Louisiana
• County Representatives (2) – Dow Constantine, County Executive, King County, Washington represented
by Designee: Marlin Blizinsky, Government Relations Officer, King County Department of Information Technology
– Joyce M. Dickerson, Commissioner, Richland County Council, South Carolina
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Current IAC Members (continued) • City Attorney Representative (1)
– Kenneth S. Fellman, City Attorney, Cherry Hills Village, Colorado
• State Legislative Representative (3) – Chris Perone, State Representative – District 137 Connecticut – Thomas J. Sloan, House of Representatives – District 45 Kansas – Michael L. Vaughn, House of Delegates – District 24 Maryland
• State Public Utility Commission Representative (1) – Ronald Brisé, Chairman, Florida Public Service Commission
• Tribal Representative (3) – Cherie Moomaw, Colville Business Council Member, Confederated
Tribes of the Colville Reservation, Washington – Thomas Brandon Stephens, Deputy Housing Officer, Eastern Band of
Cherokee Indians, North Carolina – Brian Tagaban, Executive Director, Navajo Nation Telecommunications
Regulatory Commission, Arizona
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Current IAC Policy Agenda • Expand broadband adoption and deployment
• Expand digital literacy
• Compile best practices for delivery of e-government and other broadband
services
• Develop non-regulatory approaches to improve state, local, tribal and federal government Rights-of-Way (ROW) policies and procedures
• Improve telecommunications services on Tribal lands
• Strengthen protections for consumers of telecommunications services
• Continue monitoring and provide input on updated public safety services such as Next Generation 911 and implementation of the new auctions authority to create expanded spectrum for mobile broadband services.
Presenter
Presentation Notes
We’d like briefly to review with you now the IAC’s already busy and active policy agenda it hopes to implement over the next two years through five policy subcommittees on: 1 - Broadband Adoption and Digital Literacy chaired by Marlin Blizinsky, Government Relations Officer, King County Department of Information Technology, Seattle, Washington 2 - Infrastructure and Spectrum chaired by Ken Fellman, City Attorney, Cherry Hills Village, Colorado 3 - Tribal Telecommunications Services chaired by Brian Tagaban, Executive Director, Navajo Nation Telecommunications Regulatory Commission 4 - Consumer Protection chaired by Ronald Brise, Chair of the Florida Public Service Commission and 5 - Public Safety chaired by Arlanda Williams, Councilwoman, Terrebone Parish, Houma, LA. Pursuant to the FCC’s National Broadband Plan the FCC released in March 2010, the IAC shares the FCC’s policy goal to expand broadband adoption and deployment, especially in unserved and underserved areas on rural and tribal lands and in inner cities. The IAC also plans to contribute its input on the related issue of expanded digital literacy. For example, earlier this month it submitted a letter of comment in support of a proposal in the Further Notice of Proposed Rulemaking (FNPRM) on Lifeline/Linkup Reform the FCC released in February 2012. The proposal seeks comment on using savings from various Universal Service Fund reforms to increase digital literacy training at libraries and schools, an important step in increasing broadband adoption. The IAC’s Infrastructure and Spectrum Subcommittee also drafted and the IAC later submitted on March 15, 2012 six pages of IAC comments and recommendations on the pending FCC Notice of Inquiry on Rights-of-Way issues. The IAC recommended among its recommendations that “the Commission should continue its collaborative, educational efforts” through public workshops and forums on broadband deployment and related rights-of-way issues with its state, local and tribal government partners. The IAC also recommended that “the Commission should work with the IAC and industry to develop a voluntary mediation process to address” individual rights-of-way and broadband deployment disputes. This subcommittee may also soon examine the standard provisions in contract grants with the Department of Transportation and the Federal Highway Administration. These apparently prevent the use of federal highway funds for uses other than transportation. These provisions reportedly limit the width of the conduit towns and cities can install along their highways and thus prevent them from sharing the conduit and dark fiber with interested carriers. This sharing could greatly facilitate broadband deployment. With the expertise and assistance of the FCC’s Office of Native Affairs and Policy, the IAC’s Tribal Outreach Subcommittee should be able to identify some specific projects on which it can make a meaningful contribution to the Commission’s policy deliberations on these Tribal-related issues. The IAC’s Consumer Protection Subcommittee will focus on a number of pending FCC consumer policy matters such as reform of the FCC’s complaint process, cramming, or the placement of unauthorized charges on telephone bills, disclosures to consumers of billing and service information, and where and how consumers can complain about their telecommunications fees and services. Finally, the IAC expects its Public Safety Subcommittee to monitor and comment on updated public safety services such as Next Generation 911 and implementation of the new auctions authority to create expanded spectrum for mobile broadband services.
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Committee Meetings • Chartered for 2 years – 47 CFR 0.701(a) states
the IAC is authorized to undertake its mission for a period of two years.
• Location and frequency of meetings – 47 CFR 0.701(c) states the IAC will meet in Washington, DC four times a year.
• First meeting December 2, 2011 • Second meeting March 8 and 9, 2012 • Next Meeting Spring/Summer 2012 • Current IAC authorization expires in December
2013
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IAC Meeting Process and the Intergovernmental Communications Exemption from
FACA
• Pursuant to Section 204(b) of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1534(b), the IAC is not subject to, and is not required to follow, the procedures set forth in the Federal Advisory Committee Act. 5 U.S.C., App. 2 (1988).
• This FACA exemption is designed to foster informal and frank “intergovernmental communication” between the FCC and representatives of state and local governments.
• 47 CFR 0.701(d) states that participation in IAC meetings will be limited to IAC members or employees designated by IAC members to act on their behalf. With the exception of Commission staff and individuals or groups having business before the IAC, no other persons may attend or participate in an IAC meeting.
Presenter
Presentation Notes
Section 204(b) of the Unfunded Mandates Reform Act of 1995, provides an exemption from FACA for intergovernmental communications. These involve meetings between Federal officials and Federal employees and “elected officers of State, local and Tribal governments (or their designated employees with authority to act on their behalf)” when such individuals act “in their official capacities.” The IAC is not subject to, and is not required to follow, the procedures set forth in the Federal Advisory Committee Act. The Commission’s rules require participation in IAC meetings be limited to IAC members or employees designated by IAC members to act on their behalf. With the exception of Commission staff and individuals or groups having business before the IAC, no other persons may attend or participate in an IAC meeting. This exemption gives the IAC the flexibility to function in a streamlined and effective manner, while at the same time it allows the IAC to receive the input at its request of interested outside parties such as NACO.
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IMLA Input into the IGA and IAC
Presenter
Presentation Notes
Let us close by suggesting that if you want to contact IGA we’ve put our contact information at the end of our presentation. Or you can write it down now: Greg Vadas, Chief, IGA, at 202-418-1798, or [email protected]�and Steve Klitzman, Deputy Chief, IGA, at 202-418-1763, or [email protected] And to have input in the deliberative process of the IAC, we suggest you contact either Joyce Dickerson, Chair, Marlin Blizinsky, Vice Chair, or Ken Fellman. Ken is a municipal attorney member of the IAC many of you may know and also chair of the IAC’s Infrastructure and Spectrum Subcommittee and former chair of the IAC’s predecessor, the LSGAC. Thank you again for inviting us here today and we’d be pleased to take your questions.
