The FCC is “Captured” by Wireless Companies
The FCC is a captured agency exemplifying the way industry controls the agencies that supposedly regulate them.
The Harvard Edmund J. Safra Center for Ethics published an expose by investigative journalist Norm Alster on the wireless industry ties to the US federal government’s Federal Communications Commission (FCC) and how, as a result, the wireless industry has bought inordinate access to—and power over—a major US regulatory agency. Alster describes how the FCC is a “captured agency” meaning it is controlled by the industry it is supposed to be regulating- like the wolf watching the henhouse.
At the FCC, former wireless company lawyers and lobbyists lead the agency as commissioners. Former FCC commissioners and top agency officials take jobs in the industry they used to regulate. It is a high-speed revolving door, and it spins for both political parties.
As a prime example of the situation, in 2020 the FCC filed a brief siding with the Wireless industry in their case against the City of Berkeley for it’s Cell Phone Right to Know Ordinance. The FCC lawyer named on the brief was non other than Thomas Johnson, a lawyer who formerly worked for the law firm that the CTIA Wireless Industry hired to represent them in their case against Berkeley.
Documentation
Captured Agency by Harvard Edmund J. Safra Center for Ethics
New Hampshire State Commission for 5G Health and Environment Final Report
A Powerful Lobby
In 2020 Bloomberg News reported that the tech industry has become one of the biggest spenders in Washington and is rivaling the pharmaceutical industry and big business lobbies. Together, the five biggest tech companies shelled out $62.2 million in 2019- more than double the $28.9 million spent by the pharmaceutical industry’s lead trade group.
Image from Harvard Book “Captured Agency”
The FCC is a Captured Agency
Exemplifying the revolving door between industry and government.
The Harvard book Captured Agency has a graphic on the revolving door between industry and government stating, “Wireless and cable companies have the FCC covered.”
The FCC Commissioners past and present are part of the revolving door between industry, government and the law firms attacking our right to know about wireless radiation. Furthermore several FCC comissioners/lead staff previously worked for law firms -Wiley Rein and Gibson, Dunn & Crutcher- that represented the wireless industry in cell phone brain cancer cases and the wireless industry’s fight to stop laws that inform consumers about cell phone radiation. Wiley Rein represented the wireless industry against the City of San Francisco and Gibson, Dunn & Crutcher represented the wireless industry against the city of Berkeley.
Tom Wheeler
Former FCC Commissioner & Former Head Lobbyist of the CTIA Wireless Industry
In 2013, President Obama appointed Tom Wheeler to head the FCC. Wheeler, a fundraiser for Obama in the 2008 election, was a lobbyist and head of the Cellular Telecommunications and Internet Association(CTIA). As head of the wireless industry, Wheeler was accused of suppressing science. A 2003 inductee into the Wireless Hall of Fame (yes, there is such a thing), Wheeler laid the groundwork for 5G, pushing through regulations to strip local authority regarding cell antenna placement.
Ajit Pai
FCC Commission Chair until 2021 & Former Verizon Lawyer
In 2017, President Trump appointed Ajit Pai, a former Verizon Lawyer to head the FCC. Pai had already been a member of the commission, having been appointed by President Obama in 2011 — upon the recommendation of Senate Majority Leader Mitch McConnell — to fill a “Republican” seat on the five-member board. Pai continued to push 5G and deregulate so that companies could streamline more wireless networks and use more spectrum. With Biden in office, Pai stepped down to work at the private-equity firm Searchlight Capital where “he will focus on steering investments in telecom infrastructure.”
Brendan Carr
FCC Commissioner & Telecom lawyerwho co-lead the industry attack against the City of San Francisco for it’s Cell Phone Right to Know Law
FCC Commissioner Brendan Carr was a lawyer for Wiley Rein, which sued San Francisco over the city’s cell phone ordinance.
“On October 20, 2011, Wiley Rein LLP argued an important First Amendment case for CTIA-The Wireless Association® (“CTIA”). Andrew McBride, Josh Turner, Megan Brown, and Brendan Carr represent the wireless industry in its First Amendment and federal preemption challenge to San Francisco’s first-in-the-nation cell phone warning law.” – Wiley Rein Press Release
Meredith Attwell Baker
Former FCC Commissioner and currently President and Chief CEO of the CTIA — The Wireless Association.
Former FCC Commissioner Meredith Attwell Baker is now head of the CTIA — The Wireless Association. The CTIA is a powerful lobby group fighting to stop any cell phone right to know legislation and promoting 5G streamlining bills nationwide. Baker was nominated to the FCC in 2009 and had previously worked as the CTIA director of congressional affairs and is a former lead lobbyist for NBC Universal.
Michael Powell
Former FCC commissioner Michael Powell now president & CEO of NCTA- – The Internet & Television Association,
In his current role as President & CEO of NCTA – The Internet & Television Association, Mr. Powell leads one of the largest trade associations in Washington, D.C., representing the communications and content industries. Prior public service includes Chief of Staff of the Antitrust Division of the Department of Justice and Policy Advisor to the Secretary of Defense. In the private sector he practiced law and was a senior advisor in a private equity firm. Chairman Powell also served on the boards of Cisco and AOL.
Nathan A. Simington
FCC Commissioner to be and former counsel for Wireless Device Company Brightstar
Longtime telecom lawyer Nathan A. Simington will replace FCC Commissioner Michael O’Rielly in 2020. Simington worked for years as senior counsel at Brightstar “the leading trader in used wireless devices” . It provides global wireless distribution and services, serving mobile device manufacturers, wireless operators and retailers. In 2020 he started as senior adviser at the National Telecommunications and Information Administration within the Department of Commerce. Now he will be FCC commissioner.
Thomas M. Johnson Jr.
Formerly, general counsel of the Federal Communications Commission. Before his years at the FCC he was a telecom lawyer for the law firm Gibson, Dunn & Crutcher LLP which represented the CTIA — The Wireless Association who sued the City of Berkeley in federal court, seeking to topple the city’s recently enacted cell phone right to know ordinance mandating disclosure of possible radiation hazards associated with use of cellphones.
He left the FCC in April 2021 and joined the Telecom defending lawfirm of Wiley Rein as a partner. See a legal filing he authored for the Wireless industry against a petition calling for wireless radiation reductions in Massachusetts.
Bruce Romano
Former legal chief in the FCC’s Office of Engineering and Technology, now at law firm of Wiley Rein which represents the Wireless Industry
Bruce Romano, former legal chief in the FCC’s Office of Engineering and Technology, is now at the law firm of Wiley Rein, representing the CTIA- the wireless industry. According to his bio at Wiley Rein “Bruce serves as consulting counsel to Wiley, where he assists clients in navigating policies and procedures within every bureau of the Federal Communications Commission (FCC). He offers clients solutions and a unique perspective on how to address challenging issues and concerns within federal agencies in the most effective way, from the decision-makers’ point of view.” (Image from Wiley Rein)
William Kennard
Former Chair of the U.S. Federal Communication
Chairman of At &T’s Board, effective January 2021
Kennard joined the company’s board in 2014, served as general counsel to FCC from 1993 to 1997, and was then appointed as FCC chairman, a position he held until 2001. Kennard currently serves on the boards of Duke Energy Corp, Ford Motor Co, and MetLife Inc, and is the co-founder of private equity firm Astra Capital Management.
Edward “Smitty” Smith
Former Legal Advisor for the Chair U.S. Federal Communication
Now Managing Partner at DLA Piper, Law Firm for Telecom
Prior to joining DLA Piper, Smitty was Legal Advisor to the Chairman of the Federal Communications Commission. Smitty also oversaw FCC policymaking on such issues as 5G technology, satellites, spectrum sharing, autonomous vehicle communications, small-cell deployment and unmanned aviation systems. Previously, Smitty served as Chief of Staff and Senior Counsel of the Incentive Auction Task Force, a multibillion-dollar radio spectrum reallocation project. Smitty is also a former Special Advisor at the US Department of Commerce’s National Telecommunications and Information Administration. Read DLA press release.
DLA Piper is well connected to industry. John P. Frantz, senior vice president and general counsel of media and telematics at Verizon stated DLA Piper is “our main pro bono partner” and “we have a very strong relationship with the firm.” DLA Piper advised T Mobile and Deutsche Telekom in their merger with Sprint.
“CONGRESS TOOK $101 MILLION IN DONATIONS FROM THE ISP INDUSTRY — HERE’S HOW MUCH YOUR LAWMAKER GOT”
Comcast, Verizon, AT&T, and others spread their money far and wide to influence your government
Wireless and Tech company lobbying
“101 Million lifetime contributions from the telecommunications industry to sitting members of Congress and their leadership PACs, between 1989 and 2017” AT&T, Comcast, and Verizon were the big three who donated to sitting members of Congress and their leadership PACs, between 1989 and 2017. –“CONGRESS TOOK $101 MILLION IN DONATIONS FROM THE ISP INDUSTRY — HERE’S HOW MUCH YOUR LAWMAKER GOT” by
“In 2019, eight of the top US telecom companies spent a total of $67.36 million on lobbying, according to numbers from the nonprofit research group the Center for Responsive Politics using data gathered from the Senate Office of Public Records as of January 23, 2020.”
-Sue Marek 2020 Light Reading “Comcast, AT&T, Verizon lead $67M in telecom lobbying in 2019”
“The tech industry has become one of the biggest spenders in Washington and is rivaling traditional lobbying powerhouses, including the pharmaceutical industry and big business lobbies.”
-Eric Newcomer and Ben Brody, 2020 Bloomberg
Top Spenders
“Internet service providers in the United States have spent more than $1.2 billion on lobbying since 1998, and 2018 was the biggest year so far with a total spend of more than $80 million…Top spenders include AT&T, Verizon, and Comcast, which have amassed lobbying expenses of $341 million, $265 million, and $200 million, respectively since 1998.”- Paul Bischoff from CompariTech
Read it
Capitol Weekly: How much does your ISP spend on lobbying?
Open Secrets- The Center for Resposive Politics: Look a company or elected official up here.
