Sunlight Foundation

Key net neutrality supporters hire former government officials to lobby

Two of the biggest proponents of net neutrality rules for broadband providers involved in closed door congressional committee negotiations have hired 112 former government officials to lobby as Congress and the Federal Communications Commission (FCC) have both pushed new broadband Internet policies.

For the first three months of 2010, seventy-four percent of the lobbyists hired by both Google* and Microsoft have previous experience in government, according to data obtained from the Center for Responsive Politics and lobbyist disclosure forms. This is a very similar number when compared to the percentage of former government officials hired to lobby for the top six telecommunications organizations.

The Senate Committee on Commerce, Science & Transportation and the House Committee on Energy & Commerce are holding meetings with industry and consumer organizations in response to a series of actions by the FCC including a court decision that blocked the FCC's attempted implementation of net neutrality rules. Net neutrality rules would disallow broadband service providers from discriminating against users and content by preventing them from slowing access to certain users and charging money to acesss certain content.

The committees held their first meeting last Friday and plan to host another meeting on July 2.

Google and Microsoft are spending the most on lobbying among the pro-net neutrality organizations invited to the behind the scenes discussions with the two committees.

According to first quarter lobbying disclosures, the two companies have spent a combined $2.1 million on lobbying. By comparison, the two lobbying spenders opposed to net neutrality that were invited to the congressional meetings shelled out $10.5 million in the first quarter of 2010.

Despite spending far less than organizations opposed to net neutrality, Google and Microsoft have fielded a quality team of lobbyists with experience working for important lawmakers and on crucial committees.

Combined the companies have hired thirteen former staffers of the Senate Committee on Commerce, Science & Transportation or members of the committee and nine former staffers of the House Committee on Energy & Commerce or their members.

These lobbyists include Barry LaSala, the former chief of staff to the Senate committee's number two Democrat Sen. John Kerry, who lobbies for Microsoft. LaSala also lobbies for net neutrality opponent Verizon.

Andy Scott Wright, lobbying for Google, worked previously as the Chief of Staff to Rep. Rick Boucher, chairman of the Subcommittee on Communications, Technology and the Internet. Boucher is leading the meetings for the House Committee on Energy & Commerce.

The representatatives in the closed door congressional meetings for both Google and Microsoft have experience on the committees. Google’s Johanna Shelton previously worked on the House Committee on Energy & Commerce and Microsoft’s Paula Boyd used to work for the Senate Committee on Commerce, Science & Transportation.

Other Internet companies supporting net neutrality might be spending far less than Google and Microsoft, but they are also largely hiring former government officials to lobby for them.

Over eighty percent of the lobbyists retained by both eBay and Amazon.com—of these two only Amazon.com is engaged in the congressional meetings—have experience in government.

(*Disclosure: Google senior manager Kim Scott sits on the Advisory Board of the Sunlight Foundation. Kim Scott sits on the Advisory Board of the Sunlight Foundation, but no longer works for Google.)

Former government officials hired to lobby as Congress looks to rewrite telecom law

As leaders in Congress announced a series of hearings this June to tackle huge telecommunications issues with a focus on the Internet, the top phone and cable organizations that control the majority of the access to the Internet have hired 276 former government officials to lobby both the Congress and the executive branch.

According to data obtained from lobbyist disclosure forms and the Center for Responsive Politics, seventy-two percent of the lobbyists hired by AT&T, Comcast, Time Warner Cable, Verizon, the National Cable & Telecommunications Association and the US Telecom Association have previous government experience. These organizations combined to spend $20.6 million lobbying the federal government in the first quarter of 2010.

Eighteen of the 276 revolving door lobbyists are former members of Congress. These include the powerful former senators John Breaux and Trent Lott. The Breaux Lott Leadership Group reported spending $150,000 lobbying on behalf of AT&T in the first quarter of 2010.

Both Breaux and Lott served in the leadership of their respective parties while in the Senate with Lott serving as Majority Leader. Lott also served on the Senate Committee on Commerce, Science & Transportation, the committee with jurisdiction over the telecommunications industry.

The eighteen former lawmakers include a heavy representation from the House Committee on Energy & Commerce, the House committee with telecommunications jurisdication. In 2010, the organizations hired former Energy & Commerce Committee members Jim Davis (AT&T), Jack Fields (Verizon), Ron Klink (Comcast), Chip Pickering (Comcast and National Cable and Television Association) and Al  Wynn (US Telecom Association).

The organizations are also hiring former lawmakers with previous clout in both the House and the Senate. Former Sen. Don Nickles, hired to lobby for Comcast, was the Republican Majority Whip from 1996 to 2001. Comcast also hired the former House Majority Whip William H. Gray.

Aside from Breaux and Lott, AT&T has hired two other lawmakers with strong resumes, former House Republican Conference Chair J.C. Watts and longtime California Democrat Vic Fazio.

The top telecom organizations are also hiring a number of lobbyists who previously worked on the Senate Committee on Commerce, Science & Transportation or the House Committee on Energy & Commerce. Fourteen lobbyists used to work on the House committee and thirteen previously worked at the Senate committee. In addition, the six organizations employ 26 former staffers of current members of the House committee and 22 former staffers of current members of the Senate committee.

These staffers include the former chief of staff, Lane Bailey, and deputy chief of staff, Patrick Robertson, to Sen. Jay Rockefeller, the chairman of the Senate Committee on Commerce, Science & Transportation. Robertson lobbies for Comcast and Bailey lobbies for the National Cable and Television Association.

The former counsel to Sen. John Kerry, the number two Democrat on the committee, Barry LaSala, is registered to lobby for Verizon.

Comcast and Time Warner Cable lead the way in hiring former government officials as lobbyists. Ninety percent of lobbyists hired by Time Warner Cable previously worked in government. Two Time Warner lobbyists served as congressmen and two others served as staffers to the Senate Committee on Commerce, Science & Transportation.

In first quarter lobbyists disclosure filings for 2010, eighty-eight percent of all lobbyists hired by Comcast had previous experience in government. While this percentage is slightly lower than Time Warner's, Comcast hired more than twice as many lobbyists with former government experience as Time Warner did—82 to 38. This includes five former members of Congress and four Energy & Commerce Committee staffers. Comcast, as it seeks government approval of its purchase of NBC Universal, has also hired six former officials from the Department of Justice.

Broadband regulation has been a major issue over the past few years as many Democrats, including President Obama, have called for the institution of net neutrality rules to govern broadband transmission. Net neutrality regulations would prevent broadband service providers from blocking or slowing transmission to certain sites, services and users.

In April, the Federal Communications Commission (FCC) was rebuffed by the United States Court of Appeals for the District of Columbia Circuit after trying to stop Comcast from slowing broadband access to users using the BitTorrent file-sharing service. The court ruled that the FCC did not have sufficient regulatory authority to require Comcast to provide equal access to all sites and services online.

In the wake of the court's decision, four committee and subcommittee chairmen announced a series of meetings with industry players to discuss a rewrite of the Telecommunications Act of 1996. The meetings will focus on the changes in telecommunications brought on by the revolution in Internet technologies over the past fifteen years. Much of that time is expected to be spent on the regulation of broadband routes.

A group of 74 Democratic lawmakers recently sent a letter to FCC Commissioner Julius Genachowski asking that the FCC not institute net neutrality rules without specific instruction from Congress. The 74 Democrats were comprised of a mix of Blue Dog Democrats, New Dems and members of both the Congressional Black Caucus (CBC) and the Congressional Hispanic Caucus (CHC).

At least, six of the letter signatorees—Reps. Joe Baca, Allen Boyd, Corrine Brown, Baron Hill, Eddie Bernice Johnson and Ciro Rodriquez—have former staffers lobbying for the top telecom organizations.

Rebooting the FCC - a major first step

Today the Federal Communications Commission released "reboot the FCC," an ambitious attempt to "improv[e] citizen interactions with the Federal Communications Commission." The new website features the FCC's new agency-wide blog, many new media tools, and an innovative approach to bringing in the public to share ideas on improving the FCC.

The reboot is a significant attempt to instill the principles of openness, collaboration, and participation into everything that the FCC does. It's not the website redesign that we called for in October -- although they are asking for comments and suggestions on upgrading their website -- but it is a good step forward towards centering the FCC around citizens.

I'm still discovering new things in the reboot website, including this interesting attempt to pull all of the FCC's data into one spot. Take a look and let me (and them) know what you think.

We Need Your Help With Redesigning the FCC Website

The Sunlight Foundation is building a mock-up redesign of the Federal Communication Commission’s web site, and we need your help. Unlike our previous government website redesign projects -- USA.gov, the EPA, the FEC, and the U.S. Supreme Court -- we are asking for your ideas first, before we put pen to paper. So tell us what you like, dislike, and would like to see on a re-imagined fcc.gov.

To start off the conversation, we ask that you to focus on big picture issues. What kinds of information are missing from the FCC’s web site? How should its information be organized? How should it be presented? How should it be accessed and downloaded? To what extent should the web site incorporate social media/web 2.0 technology, and how should it be used?

Our discussion will take place in three different locations. Sunlight has two public Google groups, the Open House Project and Sunlight Labs, where you can join and participate. In addition, you can also comment on our introductory blogpost, which is available on the Sunlight Labs blog here.

If you have additional private comments, please contact me. We will read your comments, participate in the conversation, and look forward to drawing upon your ideas to create the mock-up of how the FCC’s site should be improved.

Broadband and Civic Participation

As part of the economic stimulus package passed in February, Congress gave the Commerce Department up to $7.2 billion to dole out in grants that promote universal high speed internet access. The legislation also required the Federal Communications Commission to submit a national broadband plan to Congress by February 17, 2010, that will "ensure that all people of the United States have access to broadband capability."

One of the many issues the FCC's plan is required to address is the use of broadband infrastructure and services to advance civic participation. In April, the FCC asked for comments on what such a broadband plan should look like. A first round of comments was due by June 8, 2009, with a second round of comments due by July 7, 2009.

The Sunlight Foundation submitted comments on what a national broadband plan should look like, focusing on the relationship between increased broadband access and civic participation.

We argue that "changes in how (and what) we can communicate, and the speed with which we can do so, will profoundly reshape our democracy. Universal broadband access, ever-increasing bandwidth, and respect for the basic principles underpinning the internet, such as privacy and network neutrality, will result in greater civic involvement in our democracy and stronger connections to one another." Increasing government transparency will further catalyze civic participation.

Even with sufficient bandwidth, however, "all users must be able to access the internet," including those with the least financial means and those living in rural areas.

Read the full comment below.