Congress must ultimately solve confusion around FCC role

Former Federal Communications Commission chief counsel Bruce Gottlieb said the disagreement over the proper role of the agency could remain until Congress moves to clarify the function of the FCC.

Changing interpretations about what the agency should focus on and who forms its agenda can present challenges for businesses regulated by the FCC. "It has not been a very stable environment for businesses to plan around, to say the least," he said, citing frequent changes in who chairs the agency and the need for the agency to contend with a shifting legal framework as courts strike down FCC actions. Interpretations of the proper role for the FCC vary widely, Gottlieb said. For instance, he said, some people believe it should serve largely as an antitrust agency. Others believe it should mirror the Federal Trade Commission and focus on protecting consumers.