Washington, DC - Rep. John D. Dingell (D-MI15) introduced legislation today to correct a procedural failure in the forbearance process at the Federal Communications Commission (FCC). The proposed bill, entitled the “Protecting Consumers through Proper Forbearance Procedures Act,” would remove the “deemed granted” language from the Communications Act of 1934, as amended. Congressman Ed Markey (D-MA07) joined Dingell as an original co-sponsor on the legislation.
“This legislation aims to correct a significant procedural problem caused by the two small words ‘deemed granted’ in the Communications Act,” said Dingell. “Carriers are still free to seek forbearance, and the FCC may still grant forbearance where appropriate. But the ‘deemed granted’ language must be removed to safeguard the ability of Congress and the courts to conduct appropriate oversight, to protect consumers, and to restore transparency to the decision-making process.”
The Communications Act permits a telecommunications carrier to request the FCC to grant forbearance or exempt the company from certain statutory or regulatory requirements. The FCC may grant forbearance if it finds that doing so is in the public interest. If the FCC does not act within a set timeframe, the petition seeking forbearance is “deemed granted” as a matter of law. As a result, many of the FCC’s forbearance decisions are inconsistent or do not include explanations for the Commission’s action.
