Business

FCC Issues Backdoor Ruling Regulating Roaming Charges

Daily Caller News Foundation logo
Peter Fricke Contributor
Font Size:

The Federal Communications Commission (FCC) decided Thursday to regulate roaming charges for wireless carriers, but without allowing Commissioners to vote on the policy change.

Despite requests for a committee vote from several commissioners, FCC Chairman Tom Wheeler directed the Wireless Telecommunications Bureau, a sub-division of the FCC, to rule in favor of a petition from T-Mobile mandating “commercially reasonable terms and conditions” for roaming charges.

Roaming arrangements “enable customers of one provider to receive services from another provider’s network when they are in areas that their provider’s network does not cover.” Larger carriers naturally charge the smaller ones for this service, but “T-Mobile asserts that the data roaming marketplace is not working and that providers face difficulties negotiating data roaming agreements.”

Fred Campbell, director of the Center for Boundless Innovation in Technology and a former WTB Bureau Chief, told The Daily Caller News Foundation he “was incredibly surprised by the ruling,” because responsibility for “new and novel” rules changes is supposed to be delegated to the Commissioners.

“As a practical matter,” he added, “bureau chiefs are often told to do things by the Chairman,” but allowing a bureau to make such substantive decisions is “inconsistent with the meaning and intent of the law, and an abuse of power.”

Under the terms of the ruling, the FCC will resolve disputes on a case-by-case basis, based on whether the rate in question “substantially exceeds” the prevailing rates charged by other carriers in the domestic and international markets. (RELATED: FCC Approves Big Spending on School Internet)

“This is the FCC’s equivalent of Harry Reid’s ‘Nuclear Option’ combined with President Obama’s penchant for unilateral ‘Executive Action,’” said Berin Szoka, President of the non-partisan technology policy think tank TechFreedom. “At best, Wheeler has shattered the long-standing convention that any Commissioner can insist on a vote about a proposed Bureau action.”

“At worst,” Szoka continued, “Wheeler is violating the most fundamental requirement of the Administrative Procedure Act,” which requires that substantive rules changes “go through notice-and-comment rulemaking.”

The FCC’s two Republican Commissioners, Ajit Pai and Michael O’Rielly, had jointly asked Wheeler to allow a vote by the full Committee, but the Chairman’s office refused their request.

In a prepared statement, Commissioner Pai asserted that, “It was once said that this agency ‘is a Commission, not a sole proprietorship.’ Not today.” (RELATED: Corruption at the FCC? TV Exec’s Donate to Dem Lawmaker, Get Million-Dollar Rule Exception)

“I am not aware of a situation in which similar requests from two Commissioners for a Commission-level vote has been rejected,” he added, noting that, “the usual course is to accommodate even one request.”

Scott Cleland, Chairman of Net Competition, a group that promotes a constantly-improving internet driven by consumer demand, told The Daily Caller News Foundation that “It’s highly irregular for Commissioners to request a vote and be denied,” because “most of the Communications Act empowers the Commission, not the Chairman … it was not created to become a one-person, hierarchical Commission.”

Wheeler’s decision to shield the ruling from a Commission vote, Cleland said, raises questions about not only the ruling’s legitimacy, but also whether it would have garnered majority support from the Commission. “If he has the support of the two Democratic Commissioners, then why not vote and remove the uncertainty?” he asked.

“Right now the FCC is considering possibly the biggest regulatory decision it will ever make: classifying the internet as a public utility,” and Cleland suggested that citizens should be wary that the Commission could be excluded from that process, as well. (RELATED: The Consumer Costs of Net Neutrality)

“When you’re considering something this potentially destructive and there is huge controversy over its legality,” he elaborated, “it is time for the FCC to dot all its I’s, cross all its T’s, and follow all procedures so it’s not subject to criticism.”

Follow Peter Fricke on Twitter

Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact licensing@dailycallernewsfoundation.org.

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

PREMIUM ARTICLE: Subscribe To Keep Reading

Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign Up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
BENEFITS READERS PASS PATRIOTS FOUNDERS
Daily and Breaking Newsletters
Daily Caller Shows
Ad Free Experience
Exclusive Articles
Custom Newsletters
Editor Daily Rundown
Behind The Scenes Coverage
Award Winning Documentaries
Patriot War Room
Patriot Live Chat
Exclusive Events
Gold Membership Card
Tucker Mug

What does Founders Club include?

Tucker Mug and Membership Card
Founders

Readers,

Instead of sucking up to the political and corporate powers that dominate America, The Daily Caller is fighting for you — our readers. We humbly ask you to consider joining us in this fight.

Now that millions of readers are rejecting the increasingly biased and even corrupt corporate media and joining us daily, there are powerful forces lined up to stop us: the old guard of the news media hopes to marginalize us; the big corporate ad agencies want to deprive us of revenue and put us out of business; senators threaten to have our reporters arrested for asking simple questions; the big tech platforms want to limit our ability to communicate with you; and the political party establishments feel threatened by our independence.

We don't complain -- we can't stand complainers -- but we do call it how we see it. We have a fight on our hands, and it's intense. We need your help to smash through the big tech, big media and big government blockade.

We're the insurgent outsiders for a reason: our deep-dive investigations hold the powerful to account. Our original videos undermine their narratives on a daily basis. Even our insistence on having fun infuriates them -- because we won’t bend the knee to political correctness.

One reason we stand apart is because we are not afraid to say we love America. We love her with every fiber of our being, and we think she's worth saving from today’s craziness.

Help us save her.

A second reason we stand out is the sheer number of honest responsible reporters we have helped train. We have trained so many solid reporters that they now hold prominent positions at publications across the political spectrum. Hear a rare reasonable voice at a place like CNN? There’s a good chance they were trained at Daily Caller. Same goes for the numerous Daily Caller alumni dominating the news coverage at outlets such as Fox News, Newsmax, Daily Wire and many others.

Simply put, America needs solid reporters fighting to tell the truth or we will never have honest elections or a fair system. We are working tirelessly to make that happen and we are making a difference.

Since 2010, The Daily Caller has grown immensely. We're in the halls of Congress. We're in the Oval Office. And we're in up to 20 million homes every single month. That's 20 million Americans like you who are impossible to ignore.

We can overcome the forces lined up against all of us. This is an important mission but we can’t do it unless you — the everyday Americans forgotten by the establishment — have our back.

Please consider becoming a Daily Caller Patriot today, and help us keep doing work that holds politicians, corporations and other leaders accountable. Help us thumb our noses at political correctness. Help us train a new generation of news reporters who will actually tell the truth. And help us remind Americans everywhere that there are millions of us who remain clear-eyed about our country's greatness.

In return for membership, Daily Caller Patriots will be able to read The Daily Caller without any of the ads that we have long used to support our mission. We know the ads drive you crazy. They drive us crazy too. But we need revenue to keep the fight going. If you join us, we will cut out the ads for you and put every Lincoln-headed cent we earn into amplifying our voice, training even more solid reporters, and giving you the ad-free experience and lightning fast website you deserve.

Patriots will also be eligible for Patriots Only content, newsletters, chats and live events with our reporters and editors. It's simple: welcome us into your lives, and we'll welcome you into ours.

We can save America together.

Become a Daily Caller Patriot today.

Signature

Neil Patel