Federal Communications Commission Chairman William Kennard, under fire from House Republicans for alleged illegal lobbying, defended agency officials Tuesday by releasing a letter that maintains their actions "complied in all respects" with lobbying laws.
Kennard cited a Justice Department report that interprets the Anti-Lobbying Act to allow some forms of lobbying by federal agencies such as the FCC.
The Justice Department's 1995 guidelines state that federal lobbying law "does not prohibit officials from supporting an administration's legislative program through direct communications with Congress." However, the agency findings go on to declare that some forms of lobbying, such as expensive grassroots campaigns, do violate the law.
"With respect to your assertion that the commission or its staff may have violated the Anti-Lobbying Act," Kennard said, "I believe it is important to inform you that the commission scrupulously adheres to the Department of Justice's guidance concerning the activities covered by the statute."
Kennard's letter comes days after House Commerce Telecommunications, Trade and Consumer Protection Subcommittee Chairman W.J. (Billy) Tauzin, R-La., and Rep. Michael Oxley, R-Ohio, accused the FCC of illegally lobbying House members to oppose a low power radio bill. The bill, which passed 274-110 Thursday, would delay the agency's plan to create hundreds of new low power community radio stations.
A Tauzin spokesman Tuesday said House Republicans still plan to ask the Justice Department to investigate the matter. The spokesman called that agency's guidelines a "generous interpretation of the law." He added, "The law is very specific: No congressionally appropriated funds can be used to lobby Congress. Period."
Meanwhile, one of the FCC's two Republican commissioners Tuesday charged Kennard and the two Democratic commissioners of politicizing agency business by joining with President Clinton Monday to announce an agency plan to help Native Americans receive affordable phone service.
Commissioner Michael Powell said the plan had been in the works since August and has not yet been approved by the agency. Powell did not take issue with the proposal, but strongly objected to Kennard "carefully orchestrating commission business to play on the political stage in support of White House activities." He dubbed the move "unabashed politicization."
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