OFFICE OF
THE CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
July 2, 2010
The Iionorable Bart Stupak
Subconunillee on Oversight and Investigations
Commillee on Energy and Commerce
U.S. I-louse of Representatives
2268 Rayburn House Office Building
Washington D.C. 20515
Dear Chairman Stupak:
Thank you for your leller expressing concern that the Government in the Sunshine Act
inhibits the ability of FCC Commissioners to freely discuss and exchange ideas on the important
policy issues we face. 1 appreciate this opportunity to respond to the issues you have raised and
to review the legislation you have introduced.
Over the course ofthe last 25 years, experts in administrative law have noted that the
Sunshine Act has had the unintended effect of limiting the collegial development of policy by
multimembcr agencies. This view has bccn restated by chairmen and commissioners of
multimember agencies, including the FCC. As you note in your leller, multimember agencies
are created by Congress in order to assure that agency regulatory initiatives arc a product of their
members' collegial consideration, and renect their varied perspcctivcs. When agency members
are hampered in discussing the issues with one another, their ability to craft consensus policies
that further the aims ofCongress and the interest of the American people likewise is hampered.
When I became Chairman, I announccd a reform agenda to examinc ways to improve the
transparency and responsiveness ofthe Commission's decision-making proccsses. My
rcgulatory reform team, led by Special Counsel Mary Beth Richards, is cxamining a wide range
of issues, including whether the Sunshine Act enables the Commission to reach timely decisions
in a collegial manner, and whether Congre s and the public are readily able to understand how
our decisions are reached.
In the upcoming months, Commission decisions on a series of issues, including the
deployment of broadband capability to all Americans and the creation ofa 21
51
Century public
safety communications network, will affcct the livcs and wellbeing of virtually every American.
It is more important today than ever before to assure that Commission decisions renect the
collegial contribution ofall of the Commissioners reached by thorough analysis and debate
among them. For this reason, I welcome reexamination of the Sunshine Act, and I look forward
Pagc 2-The Honorable Bart Stupak
to working with you as our staff reform team rcfincs its work. I trust that in this way we may bc
a rcsource for you and your colleagues as you consider legislation in this arca.
Sincerely,
Julius Genachowski
Chairman
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