Collector - June 2017 - 22

FCC Commissioner Mignon Clyburn, Chairman Ajit Pai and Commissioner Michael O'Rielly.

T

he Federal Communications
Commission has been sporting a
new look lately, one it hasn't had
for several years: transparency.
When Chairman Ajit Pai took over
the FCC earlier this year, he introduced
several procedural changes and took on
some pretty controversial initiatives,
including net neutrality rules. But it's
his efforts to bring more openness to the
FCC that are transforming the way the
agency does business, leading to a more
inclusive-and fairer-regulatory process.

THE OLD WAY: POLITICAL
DIVISIONS AND OPACITY
Democrat Tom Wheeler helmed the FCC
for more than three years, stepping down
when President Donald Trump took
office in January 2017. Under Wheeler's
chairmanship, the FCC commissioners
were often at odds with each other, divided
along party lines.

22

In a recent study, economist Scott
Wallsten found that 26 percent of FCC votes
on orders were along party lines under
Wheeler, compared to just 8 percent under
recent Democrat leadership and 4 percent
under recent Republican leadership.
This partisan divisiveness was well known
and even garnered congressional interest.
For example, House Energy and Commerce
Communications and Technology
Subcommittee Chairman U.S. Rep. Greg
Walden (R-Ore.) said at a hearing last year, "I
believe true reforms require changes in law
that can transcend any particular chairman
or commission. The public deserves no less.
Unfortunately, sharp divisions within the
commission are widely known."
As a former commissioner in the minority
party, now-Chairman Pai experienced
firsthand the negative effects of a broken
process under Wheeler. As a result, Pai
has been an outspoken critic of the FCC's
partisan split over the years.

"Proposals from Republican
commissioners have been roundly rejected
as crossing a 'red line,' even when an
identical proposal from a Democratic
commissioner is accepted later on," Pai told
a U.S. House subcommittee in 2016, adding
that "collaboration has fallen by the wayside."
Additionally, during Wheeler's time as
chairman-and in fact for decades leading
up to it-critics also blasted the FCC for not
making rules public until several days or even
weeks after the commission voted on them. This
meant the public was denied a chance to review
proposals and provide feedback before the rules
became final, and usually had no idea what had
been changed between the commissioners' vote
and the final publication of the rules.
Still, the FCC had defended its approach.
When the commission adopted the Open
Internet Transparency rule in 2014, public
outcry about the cloaked process surrounding
the rule prompted Jon Sallet, FCC general
counsel at the time, to write a blog post about

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Table of Contents for the Digital Edition of Collector - June 2017

President's Page
Industry News
Best Practices
FYI
Collection Tips
In Case of Emergency
Pulling Back the Curtain
ACA International's 2017 Convention and Exposition Preview
Calendar
Honor Roll
Seeing Eye to Eye
The Business Battle
Blueprint for Success
Federal Court Nixes CFPB Enforcement Action That Claimed a Payment Processor Ignored Fraud
Compliance
ACA SearchPoint
Last Word
Collector - June 2017 - Cover1
Collector - June 2017 - Cover2
Collector - June 2017 - 1
Collector - June 2017 - 2
Collector - June 2017 - President's Page
Collector - June 2017 - Industry News
Collector - June 2017 - 5
Collector - June 2017 - 6
Collector - June 2017 - 7
Collector - June 2017 - Best Practices
Collector - June 2017 - 9
Collector - June 2017 - FYI
Collector - June 2017 - 11
Collector - June 2017 - Collection Tips
Collector - June 2017 - 13
Collector - June 2017 - In Case of Emergency
Collector - June 2017 - 15
Collector - June 2017 - 16
Collector - June 2017 - 17
Collector - June 2017 - 18
Collector - June 2017 - 19
Collector - June 2017 - Pulling Back the Curtain
Collector - June 2017 - 21
Collector - June 2017 - 22
Collector - June 2017 - 23
Collector - June 2017 - 24
Collector - June 2017 - 25
Collector - June 2017 - ACA International's 2017 Convention and Exposition Preview
Collector - June 2017 - 27
Collector - June 2017 - 28
Collector - June 2017 - 29
Collector - June 2017 - 30
Collector - June 2017 - 31
Collector - June 2017 - Calendar
Collector - June 2017 - Honor Roll
Collector - June 2017 - Seeing Eye to Eye
Collector - June 2017 - 35
Collector - June 2017 - The Business Battle
Collector - June 2017 - 37
Collector - June 2017 - 38
Collector - June 2017 - 39
Collector - June 2017 - Blueprint for Success
Collector - June 2017 - 41
Collector - June 2017 - Federal Court Nixes CFPB Enforcement Action That Claimed a Payment Processor Ignored Fraud
Collector - June 2017 - 43
Collector - June 2017 - Compliance
Collector - June 2017 - 45
Collector - June 2017 - ACA SearchPoint
Collector - June 2017 - 47
Collector - June 2017 - Last Word
Collector - June 2017 - Cover3
Collector - June 2017 - Cover4
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