Federal Communications Commission
Washington. D.C.
OFFICE OF
THE CHAIRMAN
May 26, 2011
The Honorable Darrell E. Issa
Chainnan
Commiltee on Oversight and Government Reform
United States House of Representatives
2157 Rayburn '-louse Office Building
Washington, DC 20515-6143
Dear Chairman Issa:
Thank you for your leiter of May 18,20 I J, regarding Commissioner Meredith Attwell
Baker's recent announcement that she will be leaving the Commission to join Comeast as Senior
Vice President of Govern men I Affairs, NBCUniversal. I am glad to respond to the questions you
pose, by providing the attached responses prepared by the Commission's General Counsel.
Please let mc know if I can be of further assistance.
cc: The Honorable Elijah Cummings, Ranking Minority Member
Enc losu re
General Counsel's Responses
Question I: What regulations and FCC policies/procedures apply to Commissioner
Baker's departure'?
Under the federal conflicts of illlerest statute, 18 U.s.c. § 208, a federal employee is
required to refrain from personal and substantial participation in particular matters that would
have a direct and predictable financial impact on an entity with which the employee is
negotiating for employmenl. The Office ofGovernment Ethics (OGE) is the agency charged
with implementing Section 208. OGE regulations provide that disqualification or recusal is
accomplished by the employee's not participating in the particular matter in question. 5 C.F.R. §
2640. J03(d). While OGE has not established particular recusal procedures, the employee
"should take whatever steps are necessary to ensure that he does not participate personally and
substantially in the mailer from which he is disqualified." 5 C.F.R. § 2635.604.
Once she leaves the FCC. Commissioner Baker will be subject 10 a number ofpost 
employmelll restrictions. As a departing senior-level appointee of the Obama Administration,
she will be prohibited from making any communication to or appearance before an employee of
the FCC on behal f ofanother party for two years after separating from the Commission, if that
communication or appearance is for the purpose of influencing the agency employee in the
performance of his or her official duty. See 18 U.S.c. § 207(c); Executive Order 13490, 74 Fed.
Reg. 4673 (.Jan. 21,2009) at para. 4. She also will not be permitted to lobby any covered
Executive Branch official or non-career Senior Executive Service appointee for the remainder of
the Obama Administration. Exec. Order 13490 at para. 5.
Pursuant to 18 U.S.c. § 207(a)( I), Commissioner Baker will not be permilled to
represent anyone before any officer or employee of any Federal department, agency, court or
court-martial in connection with any particular maller involving specific parties (e.g.. an
adjudicatory-type maller) in which the United States is a party or has a direct and substalllial
interest and in which she was personally and substantially involved while in public service. This
restriction lasts for the Ii felime of the mailer.
Finally, 18 U.S.c. § 207(a)(2) prohibits Commissioner Baker from representing anyone
else before any officer or employee of any Federal department, agency, court or court-martial in
connection with any particular mailer involving specific parties in which the United Statcs is a
party or has a direct and substantial interest, if the matter was pending under the official's
responsibility during her final year of Government service. This restriction lasts for two years
after separation from government service.
Question 2: What actions did Commissioner Baker and the FCC take to ensure these rules
were followed'!
As described below, Commissioner Baker contacted the FCC General Counsel. as
Designated Agency Ethics Official, 10 make him aware that she was considering exploration ofa
potential job opportunity and to seek guidance regarding what steps she should take to ensure
compliance with applicable ethics statutes and regulations. After further discussing the matter
with staffofthe Office ofGeneral Counsel, the Commissioner infonned that Office by email that
she was about to begin discussing cmployment with BCUniversal. She stated that in
accordance with OGE regulations, she would recusc hcrself from matters that would have a
dircct and predictable effect on NBCUnivcrsal or Comcasl.
Question 3: On what date did Commissioner Baker notify the FCC Gener"al Counsel's
office that she was engaged in communications with Comcast about a possible job
opportunity'?
Commissioner Baker initially contacted thc Gencral Counscl's Officc on Wcdnesday,
April 13,2011, to discuss the procedures that she should follow ifshe subsequently entered into
exploration ofemployment with B Universal.
Question 4: On what date did Commissioner" Baker begin to recuse herself from matters
and/or proceedings before the FCC?
On Monday, April 18,20 II, Commissioner Baker informed the General Counsel in
writing that she would be recusing herselfon account ofher intent to begin exploratory
conversations with NBCUniversal abOUl potential employmenl.
Question 5: For which matters/proceedings currently pending before the FCC has
Commissioner Baker recused herseW?
On April 18,20 II, Commissioner Baker informed the General Counsel that she would be
recusing herself from matters that would have a direcl and predictable effect on either
NBCUniversal or Comcasl. Commissioner Baker indicated in a statemenl released on May 13,
2011, that she had not "participated or voted any item, notjustlhose related to Comcast or
NBCUniversal, since entering discussions about an offer [ofemployment]."
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