Delegated Authority: Serious Objections and Solutions

[Commentary] The [Federal Communication Commission]’s rules reserve new or novel issues for a Commission vote -- and there are good reasons for doing so. That way the full Commission has the opportunity to set precedent on matters of first impression that can have significant and long-lasting legal and policy consequences.

It is also helpful for the Commissioners, with their broader perspectives, to act on issues that may have implications for other segments of the communications industry. Moreover, it ensures that parties that want to challenge final FCC decisions are able to do so in a timely manner. It does little good to have a decision be decided at the bureau level when everyone knows the result will be appealed to the full Commission (unless the goal is to intentionally fail to act on an application for review). Fixing the delegation process should be a priority for the Commission. If the Commission is unwilling or unable to do so, I trust the Congress will review the issue in further detail.