Federal Communications Commission FCC 17-172
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Modification of Subpart G, Section 0.701
of the Commission’s Rules
)
)
)
)
ORDER
Adopted:  December 13, 2017 Released:  December 20, 2017
By the Commission:  Chairman Pai issuing a statement, Commissioner Rosenworcel approving in part, 
dissenting in part and issuing a statement, and Commissioner Clyburn dissenting and issuing a statement.
I. INTRODUCTION 
1. In this Order, we adopt revisions to the rules governing the Federal Communications 
Commission’s (Commission’s) Intergovernmental Advisory Committee (Committee or IAC), which 
advises the Commission on a range of telecommunications issues affecting local, county, state, and Tribal 
interests, to expand it from 15 members to 30 members.  The IAC has been an important source of 
information and guidance to the Commission over the past 20 years.  The rule change we make today will 
enhance the IAC’s role by allowing for a greater diversity of viewpoints representing our municipal, 
county, state, and Tribal partners throughout the country.
II. BACKGROUND 
2. The IAC, formerly known as the Local and State Government Advisory Committee 
(LSGAC), was created in 1997 to provide guidance to the Commission on issues of importance to state, 
local, county, and Tribal governments, as well as to the Commission.
1
  The Committee is currently 
composed of 15 elected and appointed officials of those governmental entities.
2
  
3. The Committee has provided ongoing advice and information to the Commission on a 
broad range of telecommunications issues in which state, local, county, and Tribal governments share 
“intergovernmental responsibilities or administration”
 3
 with the Commission, including cable and local 
franchising, public rights-of-way, facilities siting, universal service, barriers to competitive entry, and 
public safety communications.   
1
 See Adoption of Subpart G, Section 0.701 of the Commission’s Rules, Order, 16 FCC Rcd 1183 (2001).  
2
 Section 0.701 of  the Commission’s rules presently provides for an IAC composed of: 1) four elected municipal 
officials (city mayors and city council members); 2) two elected county officials (county commissioners or council 
members); 3) one elected or appointed local government attorney; 4) one elected state executive (governor or 
lieutenant governor); 5) three elected state legislators; 6) one elected or appointed public utilities or public service 
commissioner; and 7) three elected or appointed Native American Tribal representatives.  47 CFR § 0.701(b).    
3
 2 U.S.C. § 1534(b)(2).  The IAC functions under an exemption to the Federal Advisory Committee Act, 5 U.S.C. 
App. 2 pursuant to Section 204(b) of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. § 1534(b)(2).    
Federal Communications Commission FCC 17-172
2
III. DISCUSSION  
4. We have often found over the years that an IAC membership of just 15 does not often 
capture the varied perspectives of our regulatory partners across the country.  The IAC works best and its 
advice helps the Commission the most when it fully represents perspectives of rural, urban, and suburban 
jurisdictions from various geographic areas throughout the United States.  
5. By expanding its membership to 30, we better enable the IAC’s ability to represent 
perspectives and viewpoints from all relevant governmental entities and sectors, and to further promote 
valuable, comprehensive, and balanced input that more comprehensively reflects the views and expertise 
of our regulatory partners.  Our experience with other advisory committees of similar size shows this to 
be the case.
4
6. We continue to believe that IAC representation from each category of state, local, county, 
and Tribal government is important.  Thus, the number of members from each category set forth in our 
current rules shall now serve as a minimum threshold.  The Committee will now consist of 30 members, 
of which at least four shall be elected municipal officials, at least two shall be elected county officials, at 
least one shall be a local government attorney, at least one shall be an elected state executive, at least 
three shall be elected state legislators, at least one shall be a public utilities or public service 
commissioner, and at least three shall be Native American Tribal representatives.  Our approach will give 
the Commission flexibility to expand the number and diversity of viewpoints from these sectors while 
ensuring none is under-represented.
IV. ORDERING CLAUSE 
7. The rule modifications adopted constitute rules of agency organization, procedure and 
practice.  Therefore, our modification of section 0.701 is not subject to the notice and comment and 
effective date provisions of the Administrative Procedure Act.  See 5 U.S.C. § 553(b)(3)(A), (d).  
Accordingly, IT IS ORDERED that, pursuant to sections 4(i), 4(j), and 303(r) of the Communications 
Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 303(r), Subpart G, section 0.701 of the Rules 
and Regulations of the Federal Communications Commission, 47 CFR § 0.701, modified as set forth in 
the Appendix to this Order, IS ADOPTED.  The rule, as modified, IS EFFECTIVE upon publication in 
the Federal Register.
5
 
 FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
4
 See, e.g., Consumer Advisory Committee, https://www.fcc.gov/consumer-advisory-committee (29 members); 
Disability Advisory Committee, https://www.fcc.gov/general/disability-advisory-committee (37 members); 
Technological Advisory Council https://www.fcc.gov/general/technological-advisory-council (44 members).
5
 See 5 U.S.C. § 553(d). 
Federal Communications Commission FCC 17-172
3
APPENDIX
 
Subpart G of Chapter 0 of Title 47 of the Code of Federal Regulations is amended by revising the text of 
section 0.701 to read as follows: 
 
SUBPART G - INTERGOVERNMENTAL COMMUNICATION
 
§ 0.701 Intergovernmental Advisory Committee. 
 
* * * * *
(b) Membership.  The IAC will be composed of 30 members (or their designated employees), with a 
minimum of:  Four elected municipal officials (city mayors and city council members); two elected 
county officials (county commissioners or council members); one elected or appointed local government 
attorney; one elected state executive (governor or lieutenant governor); three elected state legislators; one 
elected or appointed public utilities or public service commissioner; and three elected or appointed Native 
American tribal representatives.  The Chairman of the Commission will appoint members through an 
application process initiated by a Public Notice, and will select a Chairman and a Vice Chairman to lead 
the IAC.  The Chairman of the Commission will also appoint members to fill any vacancies and may 
replace an IAC member, at his discretion, using the appointment process.  Members of the IAC are 
responsible for travel and other incidental expenses incurred while on IAC business and will not be 
reimbursed by the Commission for such expenses. 
* * * * *
Federal Communications Commission FCC 17-172
4
STATEMENT OF
CHAIRMAN AJIT PAI
Re: Modification of Subpart G, Section 0.701 of the Commission’s Rules.
Today, the Commission takes the simple step of increasing the size of the Intergovernmental 
Advisory Committee (IAC) to be more consistent with the size of the FCC’s other Advisory Committees.  
By expanding the size of the IAC, we will be able to receive a wider range of input from state, local, and 
Tribal governments.
In order to achieve consensus on this Order, I was ready and willing to accept most of 
Commissioner Clyburn’s requested changes.  For example, I was fine with increasing the minimum 
number of elected municipal officials, elected county officials, elected state executives, public utility or 
public service commissioners, and Tribal representatives on the IAC.  I was also happy to add a 
requirement that two members come from associations of government representatives.  But sadly, she was 
unwilling to compromise. 
Finally, with the adoption of this Order, we now need to solicit nominations for the IAC and 
select many new members.  This process will not be completed by January; it takes time to sort through 
paperwork, evaluate applications, and the like.  That’s why it was necessary to postpone the IAC’s 
January meeting.  But once the IAC is at full strength, we’ll quickly schedule its next meeting. 
Federal Communications Commission FCC 17-172
5
DISSENTING STATEMENT OF
COMMISSIONER MIGNON L. CLYBURN
Re: Modification of Subpart G, Section 0.701 of the Commission’s Rules.
Expanding the diversity of viewpoints included on the FCC’s Intergovernmental Advisory 
Committee (IAC) should be welcomed, right?  Yet in the words of the IAC’s own Chair in a November 
21
st
 letter to Chairman Pai:  “doubling the size of the IAC, without substantive changes to the FCC’s 
approach to and interaction with the IAC, will not result in either increased attendance or increased 
engagement by the Membership.” 
Instead of delaying today’s decision until a conversation could be had with the IAC, the FCC 
Chairman chose to move forward anyway.  It is deeply troubling that we would simply ignore an advisory 
committee’s recommendation without any discussion.  What is the point of having such committees if our 
response is to just disregard their expertise and guidance?
Second, if the Chairman was intent on moving forward with this item, despite the IAC Chair’s 
concerns, I suggested that the composition of the Committee include two consumer advocates – 
government employees whose job it is to advocate on behalf of consumers.  My request was denied.
Finally, hours after casting my dissenting vote, I learned that the IAC’s January meeting had been 
abruptly canceled.  Was this retaliation for expressing concerns about an expanded IAC?  While I do not 
know for sure, the timing certainly appears suspect. 
I dissent.
Federal Communications Commission FCC 17-172
6
STATEMENT OF
COMMISSIONER JESSICA ROSENWORCEL,
APPROVING IN PART, DISSENTING IN PART
Re: Modification of Subpart G, Section 0.701 of the Commission’s Rules.
The Intergovernmental Advisory Committee can offer keen insights from the local and state 
policy trenches.  The Commission, in turn, can use these insights to inform its work at the federal level.  
However, to do so this agency must do more than merely convene meetings of this Committee—it should 
ask it to offer ideas.  But to date, according to the Chair of the Intergovernmental Advisory Committee, its 
membership “has been repeatedly discouraged from submitting written comments” in our proceedings.  
This is troubling.   
Nonetheless, in this order, the Commission expands the Intergovernmental Advisory Committee.  
I support this expansion in hope that a larger group can have more influence and ability to offer insights 
to the Commission about the application of its policies to communities nationwide.  But I dissent to the 
extent that the Commission continues to use this Committee as window dressing, setting up meetings but 
denying the group the ability to have a full say in the work of the agency.  Local and state authorities are 
our partners in the development of public policy.  It is time for this agency to treat them as such.