[governance] More (yawn) regulatory swing doors... US FCC...

Riaz K Tayob riaz.tayob at gmail.com
Sun May 12 04:53:33 EDT 2013


How does MS take this intimacy into account?

Weekend Edition May 10-12, 2013
<http://www.counterpunch.org/2013/05/10/another-industry-crony-at-the-fcc/print>
Share on facebook 
<http://www.counterpunch.org/2013/05/10/another-industry-crony-at-the-fcc/?utm_source=rss&utm_medium=rss&utm_campaign=another-industry-crony-at-the-fcc#> 
Share on twitter 
<http://www.counterpunch.org/2013/05/10/another-industry-crony-at-the-fcc/?utm_source=rss&utm_medium=rss&utm_campaign=another-industry-crony-at-the-fcc#> 
Share on google 
<http://www.addthis.com/bookmark.php?v=300&winname=addthis&pub=ra-4f60e2397d05b897&source=tbx-300&lng=en-US&s=google&url=http%3A%2F%2Fwww.counterpunch.org%2F2013%2F05%2F10%2Fanother-industry-crony-at-the-fcc%2F&title=Another%20Industry%20Crony%20at%20the%20FCC%3F%20%C2%BB%20Counterpunch%3A%20Tells%20the%20Facts%2C%20Names%20the%20Names&ate=AT-ra-4f60e2397d05b897/-/-/518f581e63ac4381/2&frommenu=1&uid=518f581e8f6df829&ct=1&tt=0&captcha_provider=nucaptcha> 
More Sharing Services 
<http://www.counterpunch.org/2013/05/10/another-industry-crony-at-the-fcc/?utm_source=rss&utm_medium=rss&utm_campaign=another-industry-crony-at-the-fcc#> 
12 
<http://www.counterpunch.org/2013/05/10/another-industry-crony-at-the-fcc/?utm_source=rss&utm_medium=rss&utm_campaign=another-industry-crony-at-the-fcc#> 

Why the Senate Should Reject Tom Wheeler


  Another Industry Crony at the FCC?

by B. BLAKE LEVITT

President Obama's nomination of Tom Wheeler to head the Federal 
Communications Commission (FCC) is the height of cynical cronyism and 
industry-pandering. He should not be confirmed. Obama, in fact, could 
not have found a /worse /nominee than Tom Wheeler to head this most 
significant regulatory agency -- one with long tentacles into all our 
lives whether we know it or not. Wheeler is the last person who should 
have his hands on the levers of the FCC, though he's been aching to do 
just that for decades.

Wheeler has far too many conflicts of interest and industry biases to 
head the FCC. The FCC, regulates the nation's airwaves and all 
communications plus its accompanying infrastructure, including all 
broadcasters, cable companies, telephone-service providers both wired 
and wireless, satellite communications and the Internet. FCC is at a 
crucial juncture regarding decisions on new airwave auctions, further 
media consolidation, net neutrality, and most importantly the updating 
of the nation's obsolete exposure standards for radiofrequency 
radiation. The stakes are high. These decisions will affect all U.S. 
citizens for decades to come in ways great and small.

Below are 12 good reasons why the U.S. Senate* should reject Tom Wheeler:

    *1. Wheeler's financial conflicts. * As the managing director of
    Core Capital Partners LP in Washington, D.C., Tom Wheeler helps
    manage a $350 million venture capital firm that invests primarily in
    the high-growth technology sector -- all with potential business
    involving the FCC. Founded in 1999, Core Capital has invested in
    over 45 companies and partnered with over 100 others with a focus on
    wireless information technology, communications, infrastructure,
    security, cloud-based software, digital media and technology-enabled
    service areas. Examples of Core Capital's investments include
    PureWave Networks, which develops outdoor base stations for the 4G
    wireless networks; Twisted Pair Solutions, which makes mobile
    communications software interfaces, BridgeWave Communications, an
    outdoor gigabit wireless infrastructure/interface company, among
    many others. (See: http://www.core-capital.com for portfolio
    information.)  Nearly all of Core Capital's clients rely on friendly
    FCC regulation, lax radiofrequency radiation exposure standards, or
    more importantly no regulation at all. In 2008, /FierceWireless
    /included Tom Wheeler in their top ten all-time list of people who
    helped shape the wireless industry. Wheeler is on a mission and it
    goes way beyond regulating the quality of our connectivity.

    *2.  Wheeler's professional conflicts/bullying. *Wheeler headed two
    major industry trade groups: the National Cable Television
    Association from 1979 to 1984, which includes the largest US cable
    companies --- Comcast, Time Warner, and Charter Communications; and
    the Cellular Telecommunications & Internet Association,  now called
    CTIA -- the Wireless Association, which includes the four biggest
    wireless companies --- Verizon, AT&T, Sprint Nextel, and T-Mobile
    USA.  CTIA, founded in 1984,//includes not only wireless carriers,
    but their suppliers, service providers, and manufacturers of
    wireless data services and products. CTIA advocates at all levels of
    government and claims to coordinate the industry's voluntary best
    practices and initiatives. Their behaviors indicate otherwise,
    however, and Tom Wheeler set their tone years ago. In 2010, CTIA
    sued the city of San Francisco over that city's first-in-the-nation
    law that point-of-sale information regarding a cell phone's
    radiofrequency radiation level, and its specific absorption rate
    (SAR) be made available prior to sale. It also required a handout be
    made available saying that the World Health Organization determined
    radiofrequency radiation to be a 2B possible carcinogen. It was a
    simple right-to-know law containing the same radiation exposure
    information buried in company literature deep within the box,
    available only after purchase. (Increasingly that information is now
    available only online.) CTIA sued on First Amendment grounds.
    Apparently making them tell the truth goes against their right to
    obscure. The 9^th Circuit Federal Court agreed with CTIA and on May
    7, 2013, the San Francisco City Board of Supervisors revoked the law
    because they did not want to open taxpayers to a potential $500,000
    penalty in attorney's fees for CTIA. They were also humiliated into
    accepting a permanent injunction against the right-to-know ordinance
    just to make sure they didn't come back with anything similar in the
    future. Despite scores of letters and petitions from across the
    country encouraging San Francisco to stay the course, CTIA's
    bullying worked.
    http://news.yahoo.com/san-francisco-surrenders-fight-over-cell-phone-warnings-124624361.html
    And for good measure, CTIA not only sued but also moved CTIA's
    annual conference, traditionally held in San Francisco, to Texas,
    thereby taking significant revenues out of the California economy.
    These are all punitive tactics, honed under Wheeler while at CTIA
    and continued by his predecessors.  Other states are considering
    similar legislation. On May 2, 2013, Rep Andrea Boland (D) Maine
    reintroduced The Children's Wireless Protection Act. It would
    require that retailers provide a flyer stating the same information
    about the World Health Organization's classification, require that
    manufacturers' manuals provide language to avoid direct cell phone
    contact with the head and body, as well as information on how to
    reduce excessive exposure, if one chooses, such as limiting use by
    children, keeping a phone away from reproductive organs, and
    operating it with a wired headset. The bill would also require
    retailers to label cell phones at point of purchase with stickers
    stating the following: "This device emits radiofrequency
    electromagnetic fields. Avoid direct contact."  (Full text: :
    http://www.mainelegislature.org/legis/bills/bills_126th/billtexts/HP071101.asp)
    Rep. Boland says it's time to give Maine constituents fair warning
    of the serious, potentially lethal ramifications of cell phone use,
    now associated with gliomas -- the deadliest form of brain cancer,
    among other problems. But the ruling in San Francisco has had a
    chilling effect, just as intended by CTIA. Boland's bill was tabled
    until further notice on May 8^th . Pennsylvania, Oregon, New York
    and others are also considering such legislation.  Hopefully these
    other states will have more pluck than San Francisco. CTIA's
    aggressive behaviors are well documented and were considerably
    ramped up under Tom Wheeler's long tenure. He will institute those
    behaviors in favor of industry if affirmed at the FCC. Expect an FCC
    ruling that makes point-of-sale information illegal at the state
    level, a lot more litigation, and bullying.

    *3.  Wheeler's political conflicts.* Tom Wheeler was a top
    fundraising bundler for President Obama, raising**more than $500,000
    in 2012, and from $250,000 to $500,000 for the 2008 campaign.
    Wheeler has made at least $172,524 in campaign donations since 2007,
    all to Democratic candidates and party committees. He donated the
    maximum allowed to both of Obama's presidential campaigns, and the
    maximum $30,800 to the Democratic National Committee in 2011 and
    2012, according to the Center for Responsive Politics. /Time
    Business & Money /called Wheeler a "true believer," noting that
    Wheeler and his wife went door-to-door for Obama in Iowa.
    //(http://business.time.com/2013/05/02/tom-wheeler-former-lobbyist-and-obama-fundraiser-tapped-to-lead-fcc/).
    His nomination reeks of a /quid pro quo./

    *4.  Wheeler* *would increase radiofrequency radiation exposures. *
    After decades of unchecked wireless exposures, continued concern
    about safety, and three law suits, the FCC is finally reviewing
    their obsolete radiofrequency (RF) safety standards, instituted in
    1996 --- 17 years ago --- but which even back then did not take any
    studies past 1986 into consideration. Thousands of studies have come
    out since that time, many indicating adverse effects. (See
    www.bioinitiative.org) This FCC review affects all aspects of modern
    life, from broadcast to broadband, cell phones, wifi, smart metering
    --- virtually all wireless products and infrastructure. The CTIA
    recently released its 2012 year-end survey. There are now more
    wireless subscriber connections (326.4 million) in the U.S. than
    people, and more than 300,000 cell tower sites. That is a tremendous
    amount of RF exposure to the population that simply did not exist as
    little as 15 years ago. Concerns over the safety of this area of the
    electromagnetic spectrum precede the CTIA and were long known in the
    science community. Wheeler, as director of CTIA, oversaw a $25
    million research debacle that ended in more -- not less --
    controversy, with virtually no research produced. The project was
    widely considered in the press to have been a "manufactured doubt"
    program, intended to contaminate the database with negative
    studies,  prevent clearer understanding and therefore better
    regulation. Today increasing research from all over the world
    indicates possible cancer risks among many other physiological
    problems from mobile-phone use, accompanying infrastructure, and
    myriad consumer wireless products.  In 2012, the World Health
    Organization's International Agency for Research on Cancer (IARC)
    classified radiofrequency radiation as a 2B possible carcinogen
    along with lead, formaldehyde, mercury and DDT. Many European
    countries and professional organizations now recommend the
    precautionary principle regarding these ubiquitous exposures,
    especially for children. Wheeler's entire professional career rests
    on the assumption that the exposures at current levels are safe,
    despite mounting evidence to the contrary. The current FCC standards
    are based on a high-intensity, short-term tissue heating model that
    does not reflect today's long-term, low-level, chronic
    non-tissue-heating exposures found to be every bit as biologically
    active. In addition to the FCC's narrow, ineffective focus, today's
    standards do not take cumulative exposures from myriad wireless
    sources functioning at the same time, such as in the average home or
    workplace. Plus the FCC categorically excludes whole swaths of
    technology from review if those products meet certain exposure
    thresholds. The entire model is completely inadequate to protect the
    public health. Industry is pushing to make the standards more
    lenient. In 2012, the Government Accountability Office (GAO)
    released a report after spending a year researching the health
    aspects of cell phone usage that stated the radiation limit needed
    to be reevaluated. At the time of the report, the FCC had the SAR
    (specific absorption rate) set at 1.6W/kg (the amount of energy
    absorbed by a unit of tissue). The FCC reevaluated the radiation
    limit after the GAO report was published, and recently published its
    own response. FCC states that the SAR limit will stay the same.
    However, the outer part of the ear has been reclassified as an
    "extremity,"*//*a designation that legally allows it to absorb more
    radiation under current specifications. This is going in the wrong
    direction.// In 1999, a cheery-picking Wheeler said "responsible
    scientific studies hadn't found a connection." He will likely
    maintain that stance and the public health could be in serious
    jeopardy, given the popularity of wireless products. Wheeler would
    have the ability to not only relax the standards further and grant
    more categorical exclusions to the very industries he has promoted,
    funded, and made a fortune from, he would also control any future
    recommendations for cell phone exposures, especially among children
    who are known to be more susceptible to such damage. These factors
    alone should disqualify Wheeler for the chairmanship. While at the
    CTIA, Wheeler lobbied hard to make sure Congress would set no limits
    on cell phone use of any kind. He's not about to stop now.

    *5.* *Wheeler would erode local cell tower siting rights and
    endanger public health. *When Wheeler was at CTIA, he was among the
    industry architects who wrote Section 704 of the Telecommunications
    Act of 1996 that prohibited state and municipalities from siting
    towers based on the environmental effects of radiofrequency
    radiation -- a health and safety jurisdiction long exercised at the
    local level. He asked FCC to preempt all local rights in cell tower
    siting; make illegal temporary moratoriums on tower construction
    while communities created effective zoning regulations; make it
    illegal for communities to require that cell providers prove they
    are in compliance with FCC exposure standards; make it illegal to
    even mention health or environmental concerns at public hearings --
    against First Amendment rights to free speech -- and he pushed back
    communities seeking legal redress in federal courts. Wheeler's
    appointment would be a blow to what little power is left regarding
    state and local rights in their time-honored legal zoning
    responsibilities to protect public health, safety, and welfare.
    Wheeler would give the telecoms the right to site infrastructure
    anywhere, anytime, without local or state review. His appointment
    could open new areas of litigation. Unsafe infrastructure siting
    potentially endangers public health and property values and
    constitutes an illegal taking against the Tenth Amendment of the
    U.S. Constitution.

    *6.* *Wheeler would abandon landline networks. *This is a critical
    time for FCC decisions that will affect wired v. wireless networks
    and all information/entertainment/voice delivery choice for
    consumers. Despite Congress's desire for more diversity in
    communications services, Wheeler in 2011 advocated for total
    deregulation and to let AT&T buy the smaller wireless competitor
    T-Mobile USA Inc. Both the FCC and the U.S. Justice Department
    opposed the merger and AT&T abandoned the plan. It is well known
    that AT&T wants to abandon its entire landline network in favor of
    an all-wireless network -- this at a time when safety issues are on
    the table regarding wireless exposures. FCC granted them permission
    to do that and AT&T is currently trying to enact that plan in
    numerous states now, despite the fact that 1-in-5 Americans rely on
    landline networks for voice, DSL Internet, and 911 emergency
    provisions. Landline networks, proven time and again, are far more
    reliable and secure than wireless networks. Wheeler's appointment
    would accelerate, and greatly favor the wireless industry over the
    harder, safer landline system. The U.S. should be favoring
    fiberoptic networks like countries throughout Europe and Asia for
    primary connectivity at all levels.

    *7. * *Wheeler would increase media consolidation. *Further media
    consolidation could erode press diversity. As president of the CTIA,
    Wheeler in 2001 pushed to eliminate limits on how many airwaves a
    company can hold in a given city. The FCC is currently considering
    whether to revise the limits again. Wheeler's confirmation could
    further damage media diversity and reduce the number of independent
    voices intended by Congress.

    *8.* *Wheeler would decrease consumer choice. *Wheeler has a
    decades-long track record of favoring wireless over wired networks.
    He will bring that bias to the critical balance in today's
    entertainment/communications market between cabled networks and
    wireless companies. He will decrease, rather than increase, consumer
    choice -- Congress's clear intent --- and push for deregulation at
    all levels, using the federal cudgel over state decision-makers. All
    wired networks will likely suffer under his bias.

    *9*. *Wheeler would oversee huge spectrum auctions.* If appointed,
    Wheeler would oversee 120 megahertz of spectrum auctions of airwaves
    to be voluntarily relinquished (at a price) by television stations
    after those stations went to digital formats. These are the public's
    airwaves. Originally, that frequency spectrum was promised to local
    emergency first responders. But it will now be auctioned to the
    major telecoms for 4-G high-speed wireless Internet service and
    mobile broadband. This will bring an increased layer of
    radiofrequency radiation to the environment/public at a time when
    safety concerns are paramount and the FCC is reviewing its
    standards. Wheeler would oversee almost one quarter of the airwaves
    that Obama set as a national goal and a huge swath of spectrum would
    be in the hands of a consummate industry insider who has fought
    against the public interest at every step.

    *10.* *Wheeler is known for cronyism*. On his blog in 2011, he
    called AT&T's Senior Executive Vice President Jim Cicconi, one of
    the smartest, shrewdest policy mavens in the capital and added that
    merger deliberations could create a new era of wireless policy
    according to Cicconi's ideas. Wheeler will bring this bias and years
    of insider relationships to the FCC -- against the public's best
    interests.

    *11.* *Wheeler's appointment would further lower the bar on the
    'revolving door.'*  Reed Hundt, the former FCC Chairman during the
    Clinton Administration, serves on Wheeler's Core Capital Partners
    board of advisers -- the man whom Wheeler once repeatedly petitioned
    for more lax standards and regulations when Wheeler headed the CTIA.
    Now both men stand to profit from Wheeler taking the helm at the FCC
    and relaxing regulations further.

    *12. **Wheeler's conflicts perfectly match FCC's authority**. *At a
    time when the FCC has pushed for increased wireless broadband in
    rural areas, and Congress has awarded tax payer dollars as
    incentives to large communications companies to serve those areas,
    Wheeler would be in the position not only to affect the nation's
    infrastructure and radiation exposure standards but to direct all
    regulatory power to financially benefit friends and former clients. 
    FCC regulates broadcasters, cable companies and telephone-service
    providers -- all of which intersect with Wheeler's background.

Voters should urge the U.S. Senate Committee on Commerce, Science and 
Transportation to reject Tom Wheeler. If Wheeler's nomination gets out 
of committee, voters should petition their Senators to vote against this 
cynical power-grab by a longtime industry insider and find a more 
suitable candidate. President Obama needs to get the message that our 
regulatory agencies are off-limits to conflicted industry insiders once 
and for all. Wheeler has long had his camel's nose under the tent at the 
FCC by being on an important FCC's advisory panel. But it's one thing to 
ask industry insiders what their opinions/preferences are. It's another 
to hand the whole kittenkaboddle over to them.

Mignon Clyburn, senior Democrat on the FCC commission, will serve as 
acting chairwoman until a permanent chair is appointed. Thirty-seven 
U.S. Senators in a letter 
<http://online.wsj.com/public/resources/documents/SenateFCCLetter.pdf>urged 
President Obama to nominate FCC Commissioner Jessica Rosenworcel as 
chair.  She would be the first woman to head that agency. Rosenworcel 
has nearly two decades of experience in telecommunications and media 
policy in both the public and private sector and received wide 
bipartisan support during her confirmation to the FCC last year. She 
carries none of the overt conflicts or insider cronyism that Wheeler 
does and unlike Wheeler, has a solid background in communications law. 
She is acceptable to industry and public interest advocates alike and 
would likely be confirmed. Those 37 senators should be urged to stick to 
their guns and to enlist their colleagues to support her. The first step 
is to reject Tom Wheeler. We can --- and should --- do better than this.

/*B. Blake Levitt* is an award-winning medical/science journalist, 
former New York Times contributor; author, Electromagnetic Fields, A 
Consumer's Guide to the Issues and How to Protect Ourselves 
<http://www.amazon.com/exec/obidos/ASIN/0595476074/counterpunchmaga>; 
and editor, Cell Towers Wireless Convenience? Or Environmental Hazard? 
<http://www.amazon.com/exec/obidos/ASIN/188482062X/counterpunchmaga> 
(www.blakelevitt.com)/

/*Wheeler's nomination must first pass the U.S. Senate Committee on 
Commerce, Science and Transportation, chaired by Senator Jay Rockefeller 
(D) West Virginia, before going to the full Senate for a vote./

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.igcaucus.org/pipermail/governance/attachments/20130512/0c649d86/attachment.htm>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: printer.gif
Type: image/gif
Size: 1035 bytes
Desc: not available
URL: <http://lists.igcaucus.org/pipermail/governance/attachments/20130512/0c649d86/attachment.gif>
-------------- next part --------------
____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.igcaucus.org
To be removed from the list, visit:
     http://www.igcaucus.org/unsubscribing

For all other list information and functions, see:
     http://lists.igcaucus.org/info/governance
To edit your profile and to find the IGC's charter, see:
     http://www.igcaucus.org/

Translate this email: http://translate.google.com/translate_t


More information about the Governance mailing list