EDOLPHUS TOWNS, NEW YORK CHAIRMAN ONE HUNDRED ELEVENTH CONGRESS etongre~sof tbt Ilnittb 6tatts DARRELL E. ISBA, CALIFORNIA RANKING MINORITY MEMBER The Honorable Julius Genachowski Chairman Federal Communications Commission 445 12th Street, SW Washington, D.C. 20554 J)OUl£ of l\epresentattbes COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM Wi IIfA 2157 RAYBURN HOUSE OFFICE BUILDING A.(J~,.r./ WASHINGTON, DC 20515-6143~~a iWor-r MI!orlty (202)225-5001 f)&01 1\ lt1 Minority (202)22W07. tI-~IIf' .IIl1~ December 29,2010 lJPII j& Dear Chairman Genachowski: Please find enclosed a copy ofa letter previously sent to you. We have not yet received a response to this letter. We ask that you please review the enclosed letter and respond accordingly. We look forward to your response. Thank you for your attention to this important matter. Please contact the Committee staffat (202) 225-5074 with any questions. cc Edolphus Towns Chairman , , H>lXl"HliS T()'IIN(l, NEW VOIlK. CHAlflMi\N PAUl. L KAHJOFf"3KI, l>ltNNSYLVAAl>\ CAROLYN B. MALONEY. NEW VOI'I:K (LIJM! L CIJMMlNOS. MN1'fLANO ()fNNro .1.K\)elNl(~H,OHIO JOliN f: 'fIEANfY, MMs,ActiUStDS WM, LAG)' CLAY, MT'JllOUfll l.l1llNl: L 'Nil !'SON,CAUfOA~jIA Srel"Hf:N f. l YNO'l. MllSSACHU,>"rw JIM (;OOf>ffi. TtNNI::Slif:E otHllY t. CONNOLLY, IIlflQltlllA MI"l QlJIGLlY, llllNOIS MARCY KAP1\JR OHIO ELEANOR HOlMES NOfHON, pl~lRlr.rOF COU)MIlIA, l',4,ll'llGII J. KENNl:::DV, R11C,)[)I: ISI.ANO VANNY '" OAlIlS.ILLINOIS CHRI\lI/N-< HOLlf,N, MAFlYLMlO Hf'Nl'1V CIJElLM. TEXA..ON l.:HAFl"l"l'l,1J1AH MHON !lCHOl;K, IU.lNOII; m,NNf:',UJl':TK~Mt;Vl:.I-1.MffiSOO!\l MIll"JO~[PH"CAO,l.OUISIANA Mr. Julius Genachowski Chairman Federal Communications Commission 445 12'h Street, SW Washington, DC 20554 Dear Chairman Genachowski: Recent media reports have raised concerns that the development ofNet Neutrality regulations at the Federal Communications Commission (FCC) may have been inappropriately influenced by White House involvement in the proposed rulemaking. Specifically, questions have been raised regarding the circumstances surrounding the rulemaking and potential violations ofthe ex parle rules. You are well aware that as an independent government body, the FCC has restrictions and disclosure requirements for off-the-record communications to protect its ability to make decisions in an impartial and open environment. In an effort to "ensure the fairness and integrity ofits decision-making,.. 1 the FCC implemented the ex parle rules. The rules outline restrictions on ex parle presentations to FCC decision-makers in three types ofproceedings- restricted, permit-but-disclose, and exempt. Under any type of proceeding, presentations from an "agency or branch ofthe Federal Government or its staff'2 that seek to alter or influence the ultimate decision are prohibited without public disclosure. Recently, a senior White House technology advisor and staunch advocate for Net Neutrality, Susan Crawford, resigned her post, citing a need to return to her teaching position at the University ofMichigan. Ms. Crawford joined the Obama Administration during the transition to assist in overseeing the Administration's review ofthe FCC and was "credited with putting in place the general policy overlays...that guided many ofthe I FCC Ex Parte Rule. 47 C.F.R. §1.I200. 2 FCC Ex Parte Rule. 47 C.F.R. §1.I204. The Honorable Julius Genachowski November 13, 2009 Page 2 Administration's hiring and appointments to the [FCq...."3 In the wake ofher recent resignation, reports surfaced that Ms. Crawford may have fallen out offavor with senior White House officials. Reportedly, according to White House sources: [S]enior Obama officials were unaware of how radical the draft Net Neutrality regulations were when they were initially circulated to Obama administration officials several weeks ago. ... In the end, the proposed regulations were only slightly moderated from the originallangua~eFCC Chairman Julius Genachowski, a Crawford ally, circulated. These comments suggest that Obama Administration officials had knowledge of lind potentially contributed to crafting ofthese proposed regulations. Additionally, on September 21, 2009, both you and President Obama separately, but nearly simultaneously, announced your intention to circulate proposed regulations on preserving an open internet. Alone, the timing ofthis announcement went unnoticed but in light ofthe recent media reports, questions have arisen surrounding the coordination and involvement ofthe White House in crafting the proposed regulations. Any undisclosed or private participation by the White House in the development ofthe proposed regulations would be a violation ofthe ex parte rules and a serious breach ofthe independent proceedings ofthe FCC. So the Committee can better understand the circumstances surrounding the White House's involvement in the development ofthe proposed Net Neutrality regulations, I request answers to each ofthe following questions. I. Under what circumstances is it appropriate for FCC Commissioners, their staff: or Commission staffto work closely or collaboratively with White House staffon proposed rulemakings? 2. Did White House economic advisor Lawrence Summers have any communications with FCC personnel regarding the proposed regulations? If so, please identify all such communications and produce all documents or records related to those communications. 3. Identify all communications between FCC personnel and Susan Crawford or any other member ofthe White House staffand produce all documents or records related to those communications. 4. Did any Commission staffreport potential violations ofthe ex parle rules due to off-the-record communications from White House personnel to the FCC General ) The Prowler, Showdown A/arms, American Spectator, Nov. 2, 2009, hup:!!spe~tatorJ!Jg(archives!2QQ9(II!Q2Ifor-peles-sake , {d. J The Honorable Julius Genachowski November 13, 2009 Page 3 Counsel? Ifso, what actions did the Commission's General Counsel take to review the allegation? Please provide all documents related to alleged violations ofthe ex parte rules involving White House personnel. 5. If you or any personnel at the FCC communicated with White House staff regarding the proposed rulemaking, with whom did you or other Commission decisions-makers communicate and what was the nature ofthat communication? Please provide all documents relating to communications between Commission personnel and the White House regarding the proposed regulations. 6. If any FCC personnel communicated with White House staff regarding the September 21, 2009 speech, with whom did they communicate and what was the nature ofthe communication? Please provide all documents relating to discussions with Commission personnel relevant to the September 21, 2009 speech. 7. We understand the proposed regulations were shared by the FCC with White House staff: When were the proposed regulations first circulated to the White House? How were they circulated? Ifyou or Commission personnel worked with White House staff to circulate the draft regulations, with whom did you or FCC staffcommunicate with and what was the nature ofthese communications? 8. Were you or any member ofyour staffcontacted by White House personnel regarding the proposed regulations? If so, who contacted you, when, and what was the nature ofthe communication? As you know, the ex parte rules exist to protect the fair and open decision-making process at the FCC. Is important to the Committee to gain a complete understanding of how these rules are being monitored and that the Commission is operating in an appropriate and independent environment. By November 24,2009, please provide your written responses and all requested records, emails and other documents relevant to these questions. In your written response, please certify that you have fully complied with this information and document request. I , , The Honorable Julius Genachowski November 13, 2009 Page 4 Thank you for your cooperation in this matter. If you have any questions regarding this request, please contact John Ohly or Steve Castor ofthe Committee staff at (202) 225·5074. Sincerely, _.~ Ranking Member cc: The Honorable Edolphus Towns, Chairman Mr. Austin Schlick, FCC General Counsel