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Report to the Chairman, Committee on Government Reform, House of 
Representatives: 

December 2004: 

FEDERAL COMMUNICATIONS COMMISSION: 

Federal Advisory Committees Follow Requirements, but FCC Should Improve 
Its Process for Appointing Committee Members: 

[Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-05-36]: 

GAO Highlights: 

Highlights of GAO-05-36, a report to the Honorable Tom Davis, Chairman, 
Committee on Government Reform, House of Representatives: 

Why GAO Did This Study: 

FCC has regulatory authority over many complex telecommunications 
issues. To obtain expert advice on these issues, FCC often calls upon 
its federal advisory committees, comprised mostly of members from 
industry, private consulting, advocacy groups, and government. These 
committees must follow the Federal Advisory Committee Act (FACA), which 
sets requirements on the formation and operation of such committees. 
Because of your interest in how FCC receives advice from outside 
experts, this report provides information on (1) FCC’s current advisory 
committees, (2) the extent to which the committees follow applicable 
laws, (3) how FCC makes use of the committees’ advice, and (4) the non-
FACA advisory groups that FCC has established. 

What GAO Found: 

The Federal Communications Commission (FCC) has seven federal advisory 
committees established at its discretion that address various 
telecommunications issues. FCC officials, committee members, and other 
stakeholders we contacted generally believed FCC’s advisory committees 
operated effectively. 

In forming and operating advisory committees, FCC must follow FACA and 
related regulations, which require, among other things, that committee 
membership is balanced in terms of points of view represented and that 
committee activities are transparent to the public. While FCC follows 
applicable requirements, GAO found that committee members are not 
always clear about their expected role on the committees—that is, the 
type of advice that FCC expects them to provide. FCC designates all of 
its committee members as “representatives,” meaning they are appointed 
with an expectation that they will provide advice reflecting the views 
of a company, organization, or other group. However, approximately 22 
percent of responding committee members did not say they provided 
representative advice. Further, some committee members are affiliated 
with universities or consulting firms that may not have an obvious 
telecommunications viewpoint. If committee members are expected to 
primarily provide their own expert opinion, they are expected to be 
impartial and may be more appropriately appointed as special government 
employees. Such members are subject to ethics rules administered by the 
Office of Government Ethics, including conflict-of-interest reviews. 

While FCC is not required to implement the advice or recommendations of 
its advisory committees, FCC has taken actions based on these 
committees’ recommendations. Overall, GAO found FCC officials tended to 
be more satisfied with how FCC implements the committees’ 
recommendations than other stakeholders, including committee members 
themselves. For example, of the committee members who responded to a 
GAO survey, only 54 percent were satisfied with the extent to which FCC 
takes the committees’ advice into account when developing policy. 
Further, three trade groups we contacted said that the advisory 
committees’ advice and recommendations have little influence on FCC 
actions.

In addition to its seven federal advisory committees, FCC considers 
five advisory groups as exempt from FACA requirements, including two 
“joint boards,” two “joint conferences,” and the Intergovernmental 
Advisory Committee. FCC was mandated to establish the joint boards and 
created the joint conferences at its discretion. Since the joint boards 
and joint conferences are considered exempt from FACA, they function 
differently from FCC’s federal advisory committees. FCC created the 
Intergovernmental Advisory Committee, which it also considers exempt 
from FACA, to address telecommunications issues affecting state, local, 
and tribal governments. 

What GAO Recommends: 
 
To better ensure that FCC’s federal advisory committee members are 
fully informed about the type of advice they are being asked to 
provide, we recommend that FCC establish a process for determining and 
documenting the type of advice that members are expected to contribute. 
Committee members who are not representing a specific viewpoint may be 
more appropriately appointed as special government employees. 

FCC noted that future appointment letters for representative members 
would make clear the underlying viewpoint the advisory committee member 
is expected to represent.

www.gao.gov/cgi-bin/getrpt?GAO-05-36.

To view the full product, including the scope and methodology, click on 
the link above. For more information, contact Mark Goldstein at (202) 
512-2834 or goldsteinm@gao.gov.

[End of section]

Contents: 

Letter: 

Results in Brief: 

Background: 

FCC's Federal Advisory Committees Address a Variety of Technical and 
Operational Issues, and Stakeholders View the Committees as Functioning 
Effectively: 

FCC and Its Advisory Committees Adhere to FACA and Related Regulations, 
but Committee Members Are Not Always Clear About the Role FCC Expects 
Them to Provide When They Are Appointed to Committees: 

FCC Has Taken Action on Advisory Committee Recommendations, but 
Stakeholders' Views on FCC's Use of Committee Work Varied: 

FCC Has Five Advisory Groups That It Considers Exempt from FACA; These 
Groups Function Differently from Federal Advisory Committees: 

Conclusions: 

Recommendation for Executive Action: 

Agency Comments: 

Appendixes: 

Appendix I: Objectives, Scope, and Methodology: 

Appendix II: Information on FCC's Federal Advisory Committees and 
Advisory Groups Exempt from FACA: 

Advisory Committee for the 2007 World Radiocommunication Conference: 

Advisory Committee on Diversity for Communications in the Digital Age: 

Consumer Advisory Committee: 

Media Security and Reliability Council: 

Network Reliability and Interoperability Council: 

North American Numbering Council: 

Technological Advisory Council: 

Joint Board on Jurisdictional Separations: 

Joint Board on Universal Service: 

Joint Conference on Accounting Issues: 

Joint Conference on Advanced Telecommunications Services: 

Intergovernmental Advisory Committee: 

Appendix III: GAO Survey of FCC Federal Advisory Committee Members: 

Appendix IV: Comments from the Federal Communications Commission: 

Appendix V: Comments from the Office of Government Ethics: 

Table: 

Table 1: Committee Members' Satisfaction with Aspects of FCC's 
Management of Advisory Committees: 

Figures: 

Figure 1: FCC Federal Advisory Committee Survey Respondents' Reported 
Employment Sector: 

Figure 2: Committee Member Views on the Extent to Which Full Committees 
Deliberate the Proposals of Their Subcommittees by Committee: 

Figure 3: Survey Respondents' Representation by Employment Sector for 
the Advisory Committee for the 2007 World Radiocommunication Conference 

Figure 4: Survey Respondents' Representation by Employment Sector for 
the Advisory Committee on Diversity for Communications in the Digital 
Age: 

Figure 5: Survey Respondents' Representation by Employment Sector for 
the Consumer Advisory Committee: 

Figure 6: Survey Respondents' Representation by Employment Sector for 
the Media Security and Reliability Council: 

Figure 7: Survey Respondents' Representation by Employment Sector for 
Network Reliability and Interoperability Council: 

Figure 8: Survey Respondents' Representation by Employment Sector for 
the North American Numbering Council: 

Figure 9: Survey Respondents' Representation by Employment Sector for 
the Technological Advisory Council: 

Abbreviations:

FACA: Federal Advisory Committee Act: 

FCC: Federal Communications Commission: 

GSA: General Services Administration: 

OMB: Office of Management and Budget: 

Letter December 10, 2004: 

The Honorable Tom Davis: 
Chairman, Committee on Government Reform: 
House of Representatives: 

Dear Mr. Chairman: 

The Federal Communications Commission (FCC) has regulatory and 
oversight authority over an array of issues and industries including 
telephone, broadcasting, wireless devices, and international 
telecommunication and satellite services. FCC deliberates most policy 
issues within the rulemaking process, but many of the issues before FCC 
involve complex technical issues or require compromise among varied 
industry segments--factors that can make resolution of issues difficult 
within the standard rulemaking process. To augment that process, the 
Commission often calls upon experts and stakeholders for advice through 
federal advisory committees. For example, FCC's federal advisory 
committees have provided advice and recommendations on emerging 
technologies, consumer interests, and other industry challenges.

The Federal Advisory Committee Act[Footnote 1] (FACA) sets requirements 
regarding how agencies establish federal advisory committees and how 
the activities of the committees are conducted. Because of your 
interest in how FCC receives advice from experts and stakeholders, you 
asked us to provide information about FCC's current federal advisory 
committees and other FCC advisory groups that do not operate under 
FACA. Specifically, this report provides information on (1) FCC's 
current federal advisory committees and how they operate, (2) the 
extent to which FCC's federal advisory committees follow applicable 
laws and regulations, (3) how FCC uses federal advisory committee 
advice and recommendations, and (4) what advisory groups FCC has 
established that are not characterized as FACA committees and how such 
groups operate.

To address these objectives, we reviewed FACA and related regulations. 
We also interviewed federal officials from FCC, the General Services 
Administration (GSA), and the Office of Government Ethics. We obtained 
views on the operations and effectiveness of federal advisory 
committees from FCC officials, including all five commissioners, 
several bureau chiefs, the deputy committee management officer, the 
designated agency ethics official, and the designated federal officers 
for each of the federal advisory committees. To obtain the perspectives 
of stakeholders outside of federal government, we asked 12 trade and 
interest group representatives for their views about the quality and 
usefulness of the advisory committees' work. We also interviewed the 
committee chairmen for FCC's current seven advisory committees and 
collected information from current committee members in March through 
June 2004 using a Web-based survey. We designed the survey to obtain 
committee members' views on various aspects of committee operations and 
effectiveness. We obtained completed questionnaires from 200 committee 
members for a response rate of 71 percent.[Footnote 2] To determine if 
committee operations had changed over time, we also interviewed a small 
sample of committee members who served on FCC advisory committees 
chartered in 1998 or 1999 and asked them questions very similar to 
those we asked in our survey of current members. Finally, we 
interviewed non-FACA advisory committee members and obtained 
documentation and legislation relating to the formation of FCC's joint 
boards, joint conferences, and the Intergovernmental Advisory 
Committee. We conducted our work between November 2003 and September 
2004 in accordance with generally accepted government auditing 
standards. See appendix I for a more detailed discussion of our scope 
and methodology.

Results in Brief: 

FCC currently has seven federal advisory committees that address 
various technical, operational, and consumer telecommunications 
issues. For example, one advisory committee focuses on the reliability 
and interoperability of communications networks, while another 
committee strives to increase consumer participation in proceedings 
before the Commission. All of FCC's federal advisory committees are 
discretionary, meaning the committees were not required to be 
established by law but rather were established by FCC. In fiscal year 
2004, FCC's advisory committees had a combined budget of $1.2 million. 
FCC officials, committee members, and other stakeholders with whom we 
communicated generally believed FCC's advisory committees operated 
effectively. We also found that most advisory committees formed 
subcommittees to facilitate committee operations and that a substantial 
amount of the advisory committees' work was completed at the 
subcommittee level. Often the subcommittees utilized telephone and 
videoconferencing, as well as e-mail exchanges, to conduct committee 
work.

Like other federal advisory committees, FCC's advisory committees must 
follow FACA and related regulations prescribed by GSA. Under FACA and 
GSA regulations, agency heads are responsible for many aspects of 
advisory committee management, such as ensuring that committee 
membership is balanced in terms of points of view and interests 
represented, and for ensuring that committee operations are transparent 
to the public. In general, we found that FCC follows the requirements 
prescribed by FACA and related regulations. However, we found that 
committee members are not always clear about their expected role on the 
committees--that is, the type of advice that FCC expects them to 
provide. In particular, FCC has designated all federal advisory 
committee members as representative members, meaning that FCC appointed 
them with the expectation that they would provide advice reflecting the 
views of the organization, company, or institution they represent. 
However, 22 percent of committee members who responded to our survey 
did not say they were providing representative advice; and, in the 
majority of these cases, members reported that they contribute their 
own expert opinion. Moreover, some members of FCC's federal advisory 
committees do not work for companies within the telecommunications 
sector, and thus may not have an obvious interest that they would be 
representing on FCC's advisory committees. The Office of Government 
Ethics distinguishes between "special government employees" and 
representative members of advisory committees: committee members 
designated as special government employees are expected to be impartial 
and are subject to ethics rules--including conflict-of-interest 
reviews--administered by the Office of Government Ethics, while 
committee members designated as representatives are viewed by the 
Office of Government Ethics as having been appointed to represent a 
particular and known viewpoint, and thus not subject to ethics review. 
It appears that certain members of FCC's advisory committees do not 
fully understand their roles. Some members who FCC has designated as 
representatives do not believe they are providing advice that 
represents the position of a particular group. If FCC intends for 
certain members to provide primarily their own expert advice, such 
members may be more appropriately appointed as special government 
employees rather than as representative committee members. If members 
are so designated, they would be subject to the Office of Government 
Ethics rules that apply to special government employees, which would 
include conflict-of-interest reviews.

According to FCC officials, the Commission has taken action on its 
federal advisory committees' recommendations. FCC's Chairman stated 
that the advisory committee recommendations could be implemented in 
various ways, such as incorporating recommendations into regulations or 
less formally by publicizing committee work at trade shows or other 
public events. However, the stakeholders we contacted had varied views 
on FCC's efforts to implement recommendations. FCC officials, including 
the bureau chiefs and designated federal officers who have 
responsibility for the advisory committees, tended to be more satisfied 
with how FCC implements the committees' recommendations than committee 
members. In fact, only 54 percent of committee members who responded to 
our survey were satisfied with the extent to which FCC takes the 
committees' advice into account when developing policy. Another 27 
percent were neither satisfied nor dissatisfied, and more than 8 
percent were dissatisfied or very dissatisfied with the extent to which 
FCC takes committees' advice into account when developing policy. 
Further, representatives from three trade and interest groups we 
contacted said that the advisory committees' advice has little 
influence on FCC actions.

In addition to its seven federal advisory committees, FCC has five 
advisory groups that it considers exempt from FACA requirements. FCC 
was mandated to establish two of the advisory groups, known as "joint 
boards," as a result of the Communications Act of 1934 and 
Telecommunications Act of 1996, as amended. FCC also created two "joint 
conferences" at its discretion to advise the agency on issues over 
which FCC has regulatory jurisdiction. Both the joint boards and 
conferences function rather differently from FCC's federal advisory 
committees in part due to their exemption from FACA requirements--in 
particular, they do not have a charter guiding their operations, and 
their meetings are not open to the public. Additionally, FCC created 
the Intergovernmental Advisory Committee, which it also considers 
exempt from FACA, to address issues affecting state, local, and tribal 
governments that are within the jurisdiction of FCC. Unlike the joint 
boards and conferences, the Intergovernmental Advisory Committee 
functions similarly to federal advisory committees in some respects, 
although it does not hold open meetings.

To better ensure FCC's federal advisory committee members are fully 
informed about the advice they are being asked to provide, we recommend 
that FCC establish a process for determining and documenting the type 
of advice federal advisory committee members are expected to 
contribute. FCC should appoint advisory committee members as 
representatives only after making a clear determination of what 
interests those members are expected to represent on the committee, and 
members without a clear representative role may be more appropriately 
appointed as special government employees. For representative members, 
FCC should specifically state what particular interest those members 
are appointed to represent.

We provided a draft of this report to FCC, GSA, and the Office of 
Government Ethics for review and comment. All of the agencies agreed 
with our recommendation. Written comments from FCC and the Office of 
Government Ethics are provided in appendixes IV and V, respectively.

Background: 

Enacted by Congress in 1972, FACA responded to concerns that federal 
advisory committees were proliferating without adequate review, 
oversight, or accountability. Congress included measures in FACA 
intended to ensure that advisory committees responded to valid needs, 
that the committees' proceedings were as open as feasible to the 
public, and that Congress was kept informed of the committees' 
activities. FACA articulates certain principles regarding advisory 
committees, including broad requirements for balance, transparency, and 
independence.[Footnote 3] For example, regarding the requirement for 
balance, FACA requires advisory committees to have membership fairly 
representing an array of viewpoints and interests. FACA also requires 
agencies to announce committee meetings in advance and in general, to 
hold open meetings.[Footnote 4] FACA also sets forth other requirements 
for advisory committee formation, their operations, and how they 
provide advice and recommendations to the federal government. For 
example, FACA stipulates that Congress, the President, or federal 
agencies are authorized to establish federal advisory committees. Some 
federal advisory committees are created by an agency at the direction 
of a statute, but all other agency-created advisory committees are 
commonly referred to as "discretionary" federal advisory committees. 
The Office of Management and Budget (OMB) has established a maximum 
number of discretionary federal advisory committees that each agency 
could establish, which varies by agency.[Footnote 5] Additionally, the 
subcommittees of a federal advisory committee are generally exempt from 
following FACA requirements if they report to a parent advisory 
committee. Alternatively, if a subcommittee provides advice and 
recommendations directly to a federal agency, it is required to comply 
with FACA requirements.

FACA does not require agencies to implement the advice or 
recommendations of their federal advisory committees; advisory 
committees are by design advisory. For regulatory agencies governed by 
the Administrative Procedures Act, such as FCC, the relationship 
between consideration and implementation of a federal advisory 
committee's advice and recommendations is complicated because those 
agencies must follow certain rules and processes in their rulemaking 
efforts. Consequently, while an advisory committee's advice and 
recommendations may form the basis for a regulatory agency's notice of 
proposed rulemaking, factors beyond the advisory committee's advice may 
play a role in determining what action an agency ultimately takes.

GSA, through its Committee Management Secretariat, is responsible for 
prescribing administrative guidelines and management controls 
applicable to federal advisory committees governmentwide. While GSA 
does not approve or deny agency decisions about creating or managing 
advisory committees, GSA has developed regulations, guidance, and 
training to help agencies implement FACA requirements. GSA also created 
and maintains an online FACA database (available to the public at 
[Hyperlink, http://www.fido.gov/facadatabase], which contains 
information about each federal advisory committee, including committee 
charters, membership rosters, budgets, and, in many cases, links to 
committee meeting schedules, minutes, and reports.

Not every advisory committee or group that provides advice or 
recommendations to an agency is subject to the requirements prescribed 
in FACA. To be subject to FACA, a discretionary committee or group must 
have been created to provide advice or recommendations for the 
President or one or more agencies or officers of the federal 
government. Groups assembled only to exchange facts or information with 
federal officials are not federal advisory committees, nor are certain 
groups made up of only state or local officials. FACA explicitly 
exempts some committees from its requirements,[Footnote 6] and certain 
other groups are exempt under other statutes. For example, in some 
instances the Unfunded Mandates Reform Act of 1995[Footnote 7] exempts 
advisory committees that are composed wholly of federal, state, local, 
or tribal government officials. Groups that are exempt from FACA are 
not required to comply with the procedural and transparency provisions 
of the act.

FCC's Federal Advisory Committees Address a Variety of Technical and 
Operational Issues, and Stakeholders View the Committees as Functioning 
Effectively: 

FCC established seven discretionary federal advisory committees to 
examine a range of technical and operational telecommunications issues. 
The stakeholders we contacted--including committee members, FCC 
officials, and trade and interest group representatives--viewed the 
operations of the committees as effective. Almost all of the advisory 
committees established subcommittees to address specific topics, and we 
found that the majority of the advisory committees' work is completed 
at the subcommittee level.

FCC's Seven Current Discretionary Advisory Committees Examine Technical 
and Operational Telecommunications Issues: 

FCC currently has seven advisory committees that provide advice and 
recommendations to the agency on numerous technical and operational 
telecommunications issues. These issues range from interoperability and 
security of communications networks to consumer and diversity concerns 
regarding telecommunications markets. All of FCC's federal advisory 
committees are "discretionary"--that is, they were established by FCC 
under its own authority to create such committees. In fiscal year 2004, 
FCC's advisory committees had a combined budget of $1.2 million. 
Following is a brief description of the objective of each of FCC's 
seven federal advisory committees. See appendix II for additional 
information on each of the advisory committees.

* Advisory Committee for the 2007 World Radiocommunication Conference: 
Provides advice and technical support to FCC, and recommends proposals 
for the 2007 World Radiocommunication Conference.

* Advisory Committee on Diversity for Communications in the Digital 
Age: Makes recommendations to FCC about policies and practices that 
will further enhance the ability of minorities and women to participate 
in telecommunications.

* Consumer Advisory Committee: Makes recommendations to FCC regarding 
consumer issues in telecommunications and strives to increase consumer 
participation in proceedings before FCC.

* Media Security and Reliability Council: Provides recommendations to 
FCC and industry on how to implement a comprehensive national strategy 
for broadcast and media sustainability in the event of terrorist 
attacks, natural disasters, and all other threats or attacks 
nationwide.

* Network Reliability and Interoperability Council: Provides 
recommendations to FCC and to the communications industry that will 
help to ensure the reliability and interoperability of wireless, 
wireline, satellite, cable, and public data networks, including 
emergency communications networks.

* North American Numbering Council: Provides advice and recommendations 
to FCC that foster efficient and impartial administration of the North 
American Numbering Plan.[Footnote 8]

* Technological Advisory Council: Provides technical advice to FCC and 
makes recommendations on technological and technical issues related to 
innovation in the communications industry.

At the time we conducted our study, FCC's federal advisory committees 
had over 280 members. These members represent numerous sectors across 
telecommunications including industry, academia, advocacy groups, 
private consulting, and government. As shown in figure 1, our survey 
data indicate the majority of members come from private businesses.

Figure 1: FCC Federal Advisory Committee Survey Respondents' Reported 
Employment Sectors: 

[See PDF for image] 

Note: Trade unions/labor organizations and "no response" accounted for 
1 percent of survey responses.: 

[End of figure] 

According to FCC's Chairman, the Commission creates federal advisory 
committees at its discretion to advise the agency on operational or 
technical issues associated with FCC's statutory responsibilities. All 
of FCC's advisory committees are chartered for a 2-year period. 
Recommendations for forming federal advisory committees at FCC can come 
from a variety of sources. For example, two designated federal officers 
said that problems in the telecommunications industry, such as 
widespread telecommunications outages and telephone numbering 
shortages, were the impetus behind the creation of two committees. When 
considering which advisory committees to establish, FCC said that the 
Commission's committee management officer--the agency official 
responsible for managing and overseeing the advisory committees--
evaluates the usefulness and mission of a potential committee to ensure 
the benefits of establishing the committee are clear. While the 
committee management officer determines which advisory committees are 
to be established, the opinions of FCC's Chairman are taken into 
consideration. As prescribed by OMB, FCC is limited to eight 
discretionary federal advisory committees, but FCC officials we 
interviewed said that this limit does not pose a problem, and there are 
no plans to create additional committees at this time.

Committee Members, FCC Officials, and Interest Group Representatives 
Generally Believe That Advisory Committees Function Effectively: 

Advisory committee members who responded to our survey, as well as the 
FCC officials and trade and interest groups we contacted, said the 
committees generally operate and function effectively. For example, 87 
percent of responding committee members were satisfied with the clarity 
of their committees' operating rules and procedures. Regarding 
committee operations, 73 percent of the responding members said they 
were satisfied with how the committees use technology to facilitate 
meetings. Furthermore, an overwhelming majority of members agreed that 
fellow members represent parties that have an interest in the mission 
and agenda of the committee, and that committee members have sufficient 
knowledge and experience to provide input on the issues addressed by 
the committee. Overall, 82 percent of responding committee members were 
satisfied with their experience of serving on the committee, and almost 
90 percent responded that they would be interested in serving on the 
committee again. Moreover, most of the advisory committee members who 
served previously also told us that they were satisfied with their 
committee experience.

Most of the committee chairmen we interviewed believed the advisory 
committee process works well. For example, one chairman said the 
process facilitates communication, input, and openness. Another 
committee chairman told us that the advisory committee process is an 
effective venue for both FCC and industry to participate in the 
agency's rulemaking process. He further stated that FCC receives a lot 
of talented advice at little cost, which is important because, in his 
view, FCC lacks adequate technical expertise. Another committee 
chairman said that FCC staff do not have the level of expertise that 
exists on the advisory committee and could not afford to hire such 
experts.

FCC officials we contacted, including bureau chiefs and designated 
federal officers, also told us that the advisory committee process 
generally functions well. For example, one bureau chief told us that 
the advisory committee structure gives FCC access to industry expertise 
at a minimal cost to taxpayers. Further, he commented that FACA 
requirements help FCC ensure that committee operations remain 
transparent and accessible to the public. According to another bureau 
chief, advisory committees provide a unique opportunity for the top 
experts in important technical fields to provide FCC with the benefits 
of their knowledge in a nonadversarial context. One FCC designated 
federal officer said his committee works tremendously well, with a lot 
of talented people working to achieve the committee's objectives. FCC's 
Chairman and one commissioner, as well as all the bureau chiefs that we 
contacted, agreed that effective committee operations enhanced the 
ability of their advisory committees to reach consensus and 
subsequently produce useful recommendations for FCC.

Several of the trade and interest group representatives that we 
interviewed also told us that FCC advisory committees function 
effectively. For example, several representatives remarked that the 
advisory committee process is an effective forum for bringing people 
together from various industry sectors to collaborate on advisory 
committee issues. Further, the trade group representatives generally 
believe FCC's advisory committees address current and important 
telecommunication issues and that members have sufficient knowledge to 
address committee issues. However, three trade group representatives 
told us that the advisory committee process was ineffective because FCC 
does not always implement the committees' advice. To increase the 
effectiveness of advisory committee functions, several trade groups 
provided suggestions for possible improvements. For example, one 
representative said that FCC could increase the use of subcommittees 
while another told us that FCC should provide funding for travel and 
develop other methods to improve committee participation among 
underserved groups.

Subcommittees Perform the Majority of FCC's Federal Advisory 
Committees' Work: 

Most of FCC's federal advisory committees have subcommittees that 
collect information and develop draft recommendations for the full 
committee, with only one committee--the Technological Advisory Council-
-having no subcommittees. The committee chairmen and designated federal 
officers told us that a substantial amount of committee work is 
completed at the subcommittee level because, generally, the full 
committees meet less frequently than the subcommittees. In fact, 
subcommittees often conduct their work in informal ways, such as via 
telephone and videoconferencing, e-mail exchanges, and additional in-
person meetings. The committee members who responded to our survey 
agreed, with 79 percent responding that more work is completed at the 
subcommittee level than at the full committee. About 76 percent of the 
survey respondents also reported that they have served as subcommittee 
members. Committee members generally volunteer to serve as subcommittee 
members, but they can also be selected for service by the committee or 
subcommittee chairman, an FCC official, or other committee members. Our 
survey results also showed that approximately 80 percent of responding 
members were satisfied with subcommittee operations. We heard from 
committee chairmen that most subcommittees set their own agenda and 
have strong participation by their members. Further, two committee 
chairmen said the meetings for their subcommittees are open to the 
public.[Footnote 9]

An advisory committee's subcommittees are not subject to FACA 
requirements if they report to a parent advisory committee and the 
parent advisory committee deliberates the subcommittee's 
recommendations before adopting and passing them on to the agency. 
According to our survey, approximately 68 percent of the responding 
committee members said their committees deliberate the proposals of 
their subcommittees from a moderate to very great extent. As shown in 
figure 2, the extent to which full committees deliberated the proposals 
of their subcommittees varied by committee.

Figure 2: Committee Members' Views on the Extent to Which Full 
Committees Deliberate the Proposals of Their Subcommittees by 
Committee: 

[See PDF for image] 

Note: The Technological Advisory Council does not have any 
subcommittees, so it is not included in this figure.

[End of figure] 

FCC and Its Advisory Committees Adhere to FACA and Related Regulations, 
but Committee Members Are Not Always Clear About the Role FCC Expects 
Them to Provide When They Are Appointed to Committees: 

FACA governs the establishment, operation, and termination of federal 
advisory committees. Under FACA and GSA regulations, agency heads are 
responsible for the administration of their advisory committees, 
including establishing key administrative functions for the advisory 
committees, forming the committees, ensuring committee operations are 
transparent, and ensuring that the products advisory committees produce 
are fully independent of the agency that established the committee.

Agencies Must Have Certain Organizational Procedures in Place to 
Support the Establishment of Federal Advisory Committees: 

To establish the framework in which the federal advisory committees can 
function, FACA requires that agencies, among other things, have (1) a 
"committee management officer," (2) operating guidelines for the 
agency's federal advisory committees, and (3) a process in place to 
report key data about each committee to GSA.

Committee management officer: Agencies must designate a committee 
management officer to assist with the management of their advisory 
committees and to oversee the agency's compliance with FACA 
requirements. FCC has delegated this responsibility to the Managing 
Director of FCC. In addition to advisory committee oversight, the 
Office of the Managing Director is generally responsible for activities 
involving the administration and management of FCC, such as developing 
and managing the agency's budget and financial programs, and overseeing 
the agency's personnel management process and policy. We found that the 
committee management officer delegated many of his advisory committee 
oversight responsibilities to an advisory committee liaison.

Administrative guidelines: The act also requires agency heads to issue 
administrative guidelines and management controls applicable to their 
agency's advisory committees. When we asked FCC if the Commission had 
administrative guidelines, as required by FACA, an FCC official 
provided us with guidelines that had expired in August 1998. In May 
2004, the deputy committee management officer told us that FCC 
continued to use the expired guidelines on an informal basis and that 
the Commission was planning to reinstate the guidance in the near 
future, as a result of our review. On September 9, 2004, FCC reinstated 
their administrative guidelines with no revisions.

Reporting committee information to GSA: Agencies are required to report 
information electronically on each advisory committee using a 
governmentwide shared Internet-based system that GSA maintains. The 
information contained in this Internet-based system (or database) can 
be used by the Congress to perform oversight of related executive 
branch programs and by the public, the media, and others, to stay 
abreast of important developments resulting from advisory committee 
activities. FCC has been submitting committee information to GSA as 
required.

FACA and Regulations Impose Several Requirements on the Formation of 
Federal Advisory Committees: 

The act has various requirements that relate to the formation of 
advisory committees. In particular, committees must (1) be in the 
public interest and related to the agency's area of responsibility, (2) 
have a charter, (3) have a designated federal officer, and (4) have 
balanced membership.

Public interest: FACA requires the agency establishing an advisory 
committee to find that the committee is in the public interest and 
related to the agency's area of responsibility. According to GSA, 
agencies must provide a statement that their advisory committees are in 
the public interest and essential to agency business in their 
justifications submitted to GSA for establishing an advisory committee. 
FCC provided such a statement to GSA for all of its advisory 
committees.

Charter: FACA requires all committees to have a charter that contains 
specific information, including the committee's scope and objectives, a 
description of duties, the period of time necessary to carry out its 
purposes, the estimated operating costs, and the number and frequency 
of meetings. All of FCC's advisory committees are operating under 
charters that met the specific requirements.

Designated federal officer: The act requires agency heads to appoint a 
designated federal officer for each committee to oversee the 
committee's activities, call the meetings of the committee, approve the 
agendas, and attend the meetings. Each of FCC's advisory committees has 
a designated federal officer who abides by these requirements.

Balanced membership: FACA also requires that the membership of 
committees be fairly balanced in terms of points of view represented. 
Our survey of committee members as well as discussions with FCC 
officials indicated that most stakeholders believed the committees had 
balanced membership. For example, all of the FCC bureau chiefs and 
designated federal officers we contacted, as well as the committee 
chairmen, said they believe committee membership is balanced. Further, 
88 percent of the committee members who responded to our survey agreed 
that members represent divergent points of views. FCC commissioners 
were more split on this issue. FCC's Chairman and one commissioner 
stated that the committees are adequately balanced while two others 
stated the committees are not always inclusive of varied 
interests.[Footnote 10] Of the trade and interest groups we contacted, 
five said they believed the advisory committees had balanced 
membership. For example, one trade group representative said FCC tries 
to be very inclusive with the committees' membership, and another said 
FCC goes out of its way to ensure the committees are balanced. However, 
six of the trade group representatives we contacted did not believe the 
advisory committees were balanced. Of those with this view, four said 
that the committees had too many industry representatives, one said the 
committees did not have enough consumer representation, and one said 
the committees lacked geographical and ethnic diversity.

According to FCC's Chairman, the Commission has gone to great lengths 
to ensure advisory committee membership is fairly balanced regarding 
the points of view represented and the functions performed. He stated 
that the advisory committees' members represent a broad array of 
service and equipment providers of all sizes, as well as trade 
organizations and members of the academic community. Information 
regarding committee membership contained in the FACA database and that 
we collected from FCC's designated federal officers indicates that FCC 
attempted to draw committee membership from many facets of the 
telecommunications industry. For example, FCC reported that members for 
one advisory committee represent large and small telecommunications 
consumers, local and interstate carriers, state regulators, equipment 
and software manufacturers, satellite companies, cable companies, 
Internet service providers, wireless companies, and research 
organizations. According to FCC, members for another advisory committee 
were selected to represent a broad and balanced viewpoint, with members 
from nonprofit consumer and disability advocacy organizations, 
industry, underserved populations, Native Americans, and private 
citizens. Membership for another advisory committee is completely open-
-meaning any interested party can participate in committee 
activities.[Footnote 11]

Membership designation: While membership must be balanced, federal 
agencies generally have a reasonable amount of discretion to appoint 
members to serve on committees. Agencies also have discretion to 
determine what type of advice the advisory committee members are to 
provide. Members of advisory committees may be appointed as 
"representatives," which means they are providing "stakeholder advice" 
or advice reflecting the views of the entity or interest group they are 
representing (such as industry, labor, or consumers). Committee members 
may also be appointed as "special government employees," which means 
the agency appoints them with the expectation that they will provide 
advice on the basis of their best judgment. The Office of Government 
Ethics distinguishes between special government employees and 
representative members. Committee members appointed as special 
government employees who are not representative members are expected to 
be impartial and are subject to conflict-of-interest rules administered 
by the Office of Government Ethics. Committee members designated merely 
as representative are viewed by the Office of Government Ethics as 
having been appointed to represent a particular and known viewpoint, 
and thus are not subject to the same ethics review. Consistent with 
guidance provided by the Office of Government Ethics,[Footnote 12] GSA 
officials told us that GSA cannot control how agencies designate their 
members, but they generally said that if an agency is looking for a 
committee member to provide his or her expert advice, the member should 
be designated as a special government employee; if the member is to 
provide the views of an outside entity, the member should be designated 
as representative.

FCC has designated all current members of its federal advisory 
committees as representatives. The FCC official who is responsible for 
determining if proper designations are made--the designated agency 
ethics official--told us he discusses member designations with the 
committees' designated federal officers, but he generally does not 
review any documents to determine what type of advice the member is 
expected to provide. The ethics official said that it is a long-
standing tradition at the Commission to appoint all members as 
representative. The ethics official also told us there is an emphasis 
at FCC for members to provide the representative positions of groups, 
given the nature of the industry, which makes the representative 
designation more appropriate.

FCC's designation of all committee members as representatives suggests 
an expectation that all of the members would contribute the opinion of 
the organization, company, or institution that they represent. However, 
we found that for some members it is unclear what interests they should 
be representing on the advisory committees because they do not directly 
work within the telecommunications industry. Rather these members--who 
comprised almost 13 percent of our survey respondents--are affiliated 
with universities or private consulting companies.[Footnote 13] Of the 
six survey respondents who work for universities, five reported that 
they only provide their own expert advice and not advice that 
represents the position of a particular group.[Footnote 14] Similarly, 
nearly half of those who work in private consulting reported that they 
only provide their own expert advice. Additionally, we found that--even 
for those members who do work for entities within the 
telecommunications industry--there might be confusion for some of them 
about the type of advice they were expected to provide to the 
committee. About 13 percent of the respondents who work for private 
businesses reported that they do not view themselves as providing 
representative advice, despite being designated by FCC as 
representative members. All told, only 78 percent of the survey 
respondents said they provide the opinion of the organization, company, 
or institution that they represent. A majority of the 22 percent of 
respondents who did not view their advice as representative said that 
they provided advice based on their own expert opinion.

These results suggest two points regarding the designation of members 
and their understanding of their advisory roles. First, if certain 
members--such as those affiliated with universities or who work in 
private consulting--were appointed to provide their best professional 
judgment rather than the representative position of a particular group, 
they might be more appropriately appointed as special government 
employees. If members are so designated, they would be subject to the 
Office of Government Ethics rules for special government employees. 
Second, some members who FCC has designated as representatives do not 
believe they are contributing the advice of the organization, company, 
or institution that they were selected to represent. As such, these 
members may not fully understand what role they were appointed to play 
on the advisory committee.

In our recent report on federal advisory committees,[Footnote 15] we 
recommended that GSA issue guidance stating that agencies should 
specify in the appointment letters to committee members whether they 
are appointed as special government employees or as representatives. We 
further recommended that for those appointed as representative members, 
the entity or group that they are to represent should be noted in the 
letter. GSA and the Office of Government Ethics provided formal 
statements to us that outline actions they have taken and plans they 
are developing to address our report recommendations. For example, the 
Office of Government Ethics issued additional guidance, dated July 19, 
2004, which discusses the distinction between representative committee 
members and special government employees.[Footnote 16] GSA officials 
told us that they consulted with the Office of Government Ethics and 
modified their training on the matter of representative versus special 
government employee designations.

We found that for its advisory committees, FCC was already generally 
telling members that they were to provide representative advice on 
behalf of their employer in their appointment letters. However, for 
those members affiliated with universities, law firms, or consulting 
firms who are told to provide advice on behalf of such entities, the 
underlying viewpoint on telecommunications issues that the member is 
expected to represent is not clear because such institutions generally 
do not have an obvious viewpoint on telecommunications issues.[Footnote 
17] While FCC may have selected these individuals to represent 
particular telecommunications viewpoints, those viewpoints are not 
specifically stated in the appointment letter. That is, naming the 
institution to be represented might not always make clear the viewpoint 
to be represented.

Requirements Guide Many Aspects of Advisory Committee Operations: 

Regarding advisory committee operations, FACA generally requires 
committee meetings to be open to the public. Also, GSA regulations 
provide principles that agencies should apply to their management of 
advisory committees, including (1) supplying support services for their 
committees, (2) seeking feedback from advisory committee members on the 
effectiveness of committee activities, and (3) communicating to the 
committee members how their advice has affected agency programs and 
decision making.

Openness: FACA requires agencies to announce committee meetings ahead 
of time and give notice to interested parties about such meetings. With 
some exceptions, the meetings are to be open to the public, and 
agencies are to prepare meeting minutes and make them available to 
interested parties. During our review, we found that FCC provided 
adequate notice of meetings, held open meetings and prepared minutes in 
accordance with the act for all of its advisory committees.

Support services: FACA and GSA regulations specify that agencies should 
provide support services for their committees. According to the 
designated federal officers, FCC typically provides meeting facilities 
and administrative and logistical support for the committees. At the 
time of our review, most of the designated federal officers, as well as 
the deputy committee management officer, said the committees had 
sufficient resources to effectively conduct committee operations. While 
each advisory committee has a budget, we found the funds were allocated 
for FCC staff, both professional and administrative. FCC does not pay 
any travel-related costs for committee members to attend meetings. As 
shown in table 1, the majority of committee members surveyed were 
satisfied with the support provided by FCC.

Communications: GSA regulations also state that agencies should (1) 
seek feedback from advisory committee members on the effectiveness of 
committee activities and (2) communicate to committee members on a 
regular basis how their advice has affected agency programs. We found 
FCC does not have a formal process whereby it requests feedback from 
committee members about the committees' activities, nor does FCC 
formally track how the committees' advice and recommendations have been 
considered and provide this information to committee members. However, 
most of the designated federal officers said they periodically discuss 
committee issues with members. One designated federal officer told us 
he believes the communication with his committee members is sufficient 
because the members are willing to serve on the committee again. 
Nonetheless, according to our survey, adequate communications between 
FCC and committee members was one of the few areas related to the 
operations of FCC's committees that committee members expressed some 
concern. As shown in table 1, less than 47 percent of survey 
respondents were satisfied with how FCC communicated to members how the 
Commission would use their advice. In response to our survey of 
committee members, we received 10 comments indicating there is limited 
communication between FCC and the advisory committees. For example, one 
committee member said FCC should provide a clear disposition for each 
recommendation presented to it. Another member said he presumes his 
respective committee's advice is helpful to the Commission, but would 
like more feedback on whether the advice is actually used.

Table 1: Committee Members' Satisfaction with Aspects of FCC's 
Management of Advisory Committees: 

Amount and quality of support provided by FCC; 
Percent satisfied: 78%; 
Percent neither satisfied nor dissatisfied: 11.5%; 
Percent dissatisfied: 4.5%; 
Percent do not know or no response: 6%.

Amount of feedback FCC officials seek from committee members; 
Percent satisfied: 56.5%; 
Percent neither satisfied nor dissatisfied: 23.5%; 
Percent dissatisfied: 11.5%; 
Percent do not know or no response: 8.5%.

Communication from FCC officials regarding how committee's advice has 
affected FCC programs or decision making; 
Percent satisfied: 46.5%; 
Percent neither satisfied nor dissatisfied: 24%; 
Percent dissatisfied: 19%; 
Percent do not know or no response: 10.5%. 

Source: GAO survey responses of FCC federal advisory committee members.

[End of table]

Federal Advisory Committees Are Required to Produce Independent Advice 
to Federal Agencies: 

The advice and recommendations of federal advisory committees must be 
independent of influence by the entity that created the advisory 
committee, or in this case, FCC. We found that the advice and 
recommendations provided by FCC's committees are generally considered 
by stakeholders to reflect the independent judgment of committee 
members. The majority of FCC's commissioners believe that the federal 
advisory committees provide independent advice and recommendations. 
However, one commissioner suggested that committee independence could 
be improved while another stated that independence varies by committee. 
In addition, all of the designated federal officers and bureau chiefs 
who have responsibility for FCC's federal advisory committees agree 
that the advisory committees provide advice and recommendations that 
are independent of agency influence. Among committee members who 
responded to our survey, 89 percent stated that they believed their 
committee is at least moderately independent of FCC, while 
approximately 7 percent stated that they believed their committee is 
only a little or not at all independent of FCC. Of the trade and 
interest groups we contacted, six believed that committees' advice and 
recommendations are independent of FCC, and four others stated that 
independence varies based on the committee or the issues being 
addressed. Only 1 of the 12 trade groups responded that the committees' 
advice or recommendations are not independent.

FCC Has Taken Action on Advisory Committee Recommendations, but 
Stakeholders' Views on FCC's Use of Committee Work Varied: 

While most of the stakeholders we contacted agreed that the advisory 
committees produce quality work, views on FCC's implementation of the 
committees' advice and recommendations varied. While FCC is not 
required to implement the advice and recommendations of its advisory 
committees, in general, the FCC bureau chiefs and designated federal 
officers were more satisfied with how FCC uses the committees' work 
than other stakeholders. FCC's Chairman stated that the Commission 
implements the advisory committees' recommendations in various ways, 
such as incorporating recommendations into regulations or less formally 
by publicizing committee work at trade shows or other public events. 
One commissioner agreed with this view, further stating that FCC always 
takes the committees' advice and recommendations seriously. However, 
another commissioner said FCC should establish a more formal process 
for the entire Commission to consider committee recommendations; and 
still another commissioner said FCC should give "due attention" to each 
committee submission, regardless of the subject matter. We found FCC 
does not have a formal process for tracking advisory committee 
recommendations. While the deputy committee management officer told us 
that as a result of our review, FCC plans to improve the accountability 
of the advisory committee process by requiring that committee 
recommendations be tracked; as of September 2004, FCC had not taken any 
action on developing such a tracking system.

In our survey, 83 percent of respondents believed FCC was receptive to 
their advice from a moderate to very great extent. However, only 54 
percent of responding members were satisfied with the extent to which 
FCC takes the committees' advice into account when developing policy. 
Another 27 percent were neither satisfied nor dissatisfied, and more 
than 8 percent were dissatisfied or very dissatisfied with the extent 
to which FCC takes the committees' advice into account when developing 
policy. As part of our survey, we received comments from 19 out of 200 
survey respondents who were dissatisfied with FCC's use of their 
committees' advice. In general, the members who provided comments were 
dissatisfied because they believed that FCC (1) does not provide 
feedback about how the committee's recommendations are used, (2) does 
not take action on the committee's recommendations, (3) has a 
predetermined agenda, or (4) uses the advisory committees as "window 
dressing." Further, only 5 of the 12 trade and interest groups we 
contacted believed FCC actually uses the committees' advice and 
recommendations. Three others stated that the committees' advice and 
recommendations have little influence on FCC actions.

The FCC bureau chiefs and designated federal officers we contacted were 
more satisfied than were committee members with how FCC uses the 
committees' advice. For example, one bureau chief said FCC always 
considers the recommendations received from his advisory committee, and 
the designated federal officers for five of the advisory committees 
said they believe FCC would implement their committees' 
recommendations. To demonstrate how the Commission implements the 
advice and recommendations of the advisory committees, FCC officials 
provided the following examples: 

* An FCC bureau chief said that FCC adopted, as rules, many of the 
recommendations made by the North American Numbering Council. For 
example, the committee provided advice and recommendations on 
implementation issues associated with local number portability, which 
allows consumers to keep their telephone numbers when switching from 
one telecommunications carrier to another. This process has been in 
place for wireline consumers since 1997, and it is now available for 
wireless consumers. An FCC commissioner agreed, stating the North 
American Numbering Council has provided invaluable expertise in support 
of FCC's policies relating to telephone numbering, including local 
number portability.

* The designated federal officer for the Advisory Committee for the 
2003 World Radiocommunication Conference said the committee recommended 
a total of 41 draft preliminary views, of which 35 became U.S. 
preliminary views, and a total of 41 draft proposals of which 28 became 
U.S. proposals.

* The designated federal officer for the Media Security and Reliability 
Council said the committee produced over 100 best practices 
recommendations oriented toward the media industries. To support 
industry adoption of those best practices recommendations aimed at 
media, FCC said it developed an outreach brochure describing the best 
practices and arranged for 13,000 copies to be distributed directly by 
FCC field offices and at conventions held by the National Association 
of Broadcasters and the National Cable and Telecommunications 
Association. Also as a result of the Media Security and Reliability 
Council's work, the deputy designated federal officer told us FCC 
issued a notice of proposed rulemaking regarding the Emergency Alert 
System.

* According to an office chief, the Technological Advisory Council 
generated several of the ideas that led to the Spectrum Policy Task 
Force Report, which formed the basis for several of the Commission's 
most important forward-looking initiatives.[Footnote 18]

FCC Has Five Advisory Groups That It Considers Exempt from FACA; These 
Groups Function Differently from Federal Advisory Committees: 

FCC has five advisory groups that it considers exempt from FACA. Two of 
these advisory groups are "joint boards" that FCC is statutorily 
mandated to create. FCC also established two groups referred to as 
"joint conferences" that are designed to advise the agency on certain 
issues over which FCC has regulatory jurisdiction. Both the joint 
boards and conferences function differently from FCC's federal advisory 
committees in large part because they are not considered to be subject 
to FACA requirements. FCC also created an additional committee, the 
Intergovernmental Advisory Committee, which, although exempt from FACA, 
functions similarly to federal advisory committees in some 
respects.[Footnote 19]

FCC's Mandated Joint Boards Are Exempt from FACA and Function 
Differently from Federal Advisory Committees: 

FCC is mandated to support two joint boards: one addresses 
"jurisdictional separations"[Footnote 20] and the other examines 
"universal service requirements."[Footnote 21] FCC told us it considers 
these joint boards to be exempt from FACA because the Unfunded Mandates 
Reform Act of 1995 exempts groups that are composed wholly of federal, 
state, local, or tribal government officials.[Footnote 22] FCC 
established one board, called the Joint Board on Jurisdictional 
Separations, in 1980 to make recommendations regarding cost allocations 
that are part of the determination of telephone rates. FCC created the 
other board, called the Joint Board on Universal Service, in 1996 to 
implement the Telecommunication Act's universal service provisions. The 
joint boards convene three times per year at the National Association 
for Regulatory Utility Commissioners meetings, which are held in 
different locations across the country. Because the meetings of the 
boards are held in varied locations and the members come from dispersed 
areas, each board receives a small budget from FCC to cover travel 
costs.[Footnote 23]

The establishment and operations of the joint boards differ greatly 
from federal advisory committees that are subject to FACA requirements. 
Some of these differences are driven by requirements in the statute for 
the joint boards, and some of the differences are due to the fact that 
the joint boards are not subject to FACA requirements. For example: 

* The type of membership for the joint boards is specified in statute. 
Section 410(c) of the Communications Act requires the boards to have 
three FCC commissioners and four state commissioners serve as members. 
The Joint Board on Universal Service is also required to have one state 
consumer public advocate member. FCC nominates the FCC commissioners. 
The National Association for Regulatory Utility Commissioners nominates 
the state officials and the National Association of State Utility 
Consumer Advocates nominates the state consumer public advocate. FCC 
makes the final selections of joint board members. Conversely, federal 
advisory committees following the requirements of FACA must have 
balanced membership but the mission of each committee determines who 
will be selected to serve as members.

* The meetings of the joint boards are closed to the public. However, 
the boards also hold public hearings once or twice per year to collect 
information. In contrast, as we noted earlier, meetings of federal 
advisory committees must generally be open to the public.

* The joint boards have no charter or bylaws guiding their operations. 
Federal advisory committees, on the other hand, operate with a charter 
for a 2-year term, and must operate according to a set of specific 
procedural requirements.

* FCC must respond to the recommendations of the Joint Board on 
Universal Service. In contrast, FCC is not required to respond to the 
advice or recommendations of a federal advisory committee. The 
Commission can implement a recommendation of a federal advisory 
committee or reject it without comment.

FCC's Joint Conferences Are Exempt from FACA and Function Differently 
from Federal Advisory Committees: 

FCC also established two joint conferences that it considers exempt 
from FACA. Under the Communications Act,[Footnote 24] FCC is authorized 
to confer with state regulatory commissions on telecommunications 
accounting issues, as well as other issues, over which it has 
regulatory jurisdiction. As a result, FCC established the Joint 
Conference on Accounting Issues in 2002 to review the possible need for 
changes to FCC's regulatory accounting rules. The Joint Conference on 
Advanced Telecommunications Services, created in 1999 was established 
to assist in the deployment of advanced telecommunications capability, 
such as high-speed Internet, to all Americans. Similar to the joint 
boards, the joint conferences convene in different locations across the 
country at the National Association for Regulatory Utility 
Commissioners meetings, and the Joint Conference on Accounting Issues 
receives a small budget from FCC to cover travel costs.

As with the joint boards, the establishment and operations of the joint 
conferences are different from federal advisory committees that operate 
under FACA requirements. However, many of the operations of the joint 
conferences are similar to those of the joint boards. For example, as 
with joint boards, the meetings of the joint conferences are closed to 
the public, and there is no charter or bylaws guiding their operations.

Several aspects distinguish the joint conferences from the joint 
boards. For example: 

* FCC said that unlike the joint boards, there are no statutory 
guidelines determining nominations for joint conferences: FCC entirely 
chooses the membership. At this time, the Joint Conference on 
Accounting Issues has two federal regulatory commissioners and five 
state regulatory commissioners who serve as members. For the Joint 
Conference on Advanced Telecommunications Services, membership 
currently includes all five FCC commissioners and six state 
commissioners.

* FCC does not believe it is required to respond to or implement the 
recommendations of the joint conferences; rather it can implement the 
recommendation or reject without comment. This is similar to FCC's use 
of federal advisory committee advice or recommendations, but contrasts 
FCC's responsibilities regarding the advice and recommendations of the 
Joint Board on Universal Service.

FCC's Intergovernmental Advisory Committee Is Exempt from FACA, but It 
Has Some Similarities in Function to Federal Advisory Committees: 

FCC formed the Intergovernmental Advisory Committee in 1997 to advise 
the agency on issues of concern to state, local, and tribal 
governments.[Footnote 25] This committee provides ongoing advice and 
information to FCC on a broad range of telecommunications issues 
including, but not limited to, rural issues, homeland security, 
facilities siting, broadband access, barriers to competitive entry, and 
public safety communications for which FCC explicitly or inherently 
shares responsibility or administration with local, county, state, or 
tribal governments. The Intergovernmental Advisory Committee holds 
meetings in Washington, D.C., four times per year; but unlike the 
federal advisory committees, its meetings are closed to the public. In 
addition, FCC allocates no funds to the Intergovernmental Advisory 
Committee in support of its activities. Despite these differences in 
the Intergovernmental Advisory Committee's operations relative to 
federal advisory committees, other aspects of its establishment and 
operations closely mirror those of federal advisory committees, even 
though it is not considered to be subject to FACA requirements. For 
example: 

* The committee has a charter guiding its objectives and operations for 
each 2-year term.

* Its membership is determined at the discretion of FCC. FCC solicits 
members through a public notice for nominations and then selects 
members. As specified in its charter, the committee has 15 members: 5 
state government representatives, 7 local representatives, and 3 
representatives from tribal governments.

* FCC is not required to respond to or implement the advice or 
recommendations of the committee. FCC can implement the recommendation 
or reject without comment.

Conclusions: 

FCC's federal advisory committees address important telecommunications 
issues, and stakeholders generally view the committees' work as 
beneficial and useful to the Commission. The advisory committees 
generally follow the rules and requirements prescribed by FACA, which 
ensures the committees' activities are transparent and accessible to 
the public. However, because FCC does not have a formal process for 
determining and documenting committee member designations, it appears 
that some of FCC's advisory committee members are not clear about the 
type of advice the Commission expects them to contribute to their 
committees. Despite being designated as representatives, some members 
responded to our survey that they do not contribute the opinions of the 
organization, company, or institution they represent, but rather 
contribute their own expert advice--a role that appears closer to that 
which the Office of Government Ethics and GSA describe as the role of a 
member who would typically be appointed as a special government 
employee. The confusion about the role of committee members may be 
particularly at issue for members who do not directly work within the 
telecommunications industry, such as those affiliated with a 
university, a law firm, or in private consulting. When members are 
designated as special government employees, they are subject to the 
Office of Government Ethics rules that apply to special government 
employees, which include conflict-of-interest reviews.

Recommendation for Executive Action: 

To better ensure that FCC's federal advisory committee members are 
fully informed about the advice they are being asked to provide, we 
recommend that FCC establish a process for determining and documenting 
the type of advice federal advisory committee members are expected to 
contribute.[Footnote 26] FCC should appoint advisory committee members 
to serve as representatives only after making a clear determination of 
what interests those members are expected to represent on the 
committee. Committee members who are not representing a specific 
interest or viewpoint may be more appropriately appointed as special 
government employees. For representative members, FCC should 
specifically state in their appointment letters what particular 
interest those members are appointed to represent. This statement will 
be especially important for the committee members affiliated with 
universities, law firms, or private consulting firms, since it is not 
always clear or transparent what interests FCC would like them to 
represent.

Agency Comments: 

We provided a draft of this report to FCC, GSA, and the Office of 
Government Ethics for their review and comment. In its response, FCC 
agreed with our recommendation and noted that future appointment 
letters for representative committee members would make clear the 
specific underlying viewpoint, interest group, or segment of the 
community that the member is expected to represent. FCC also provided 
technical comments that we incorporated into the report as appropriate. 
GSA did not provide written comments but agency officials told us they 
agree with our recommendation, saying it would be helpful to the 
federal advisory committee designation process for agencies to clearly 
identify for representative members who, organizationally for example, 
they are expected to represent on the committee. In its comments to us, 
the Office of Government Ethics agreed with our findings and 
recommendation. Written comments from FCC and the Office of Government 
Ethics are provided in appendixes IV and V, respectively.

We will provide copies of this report to interested congressional 
committees; the Chairman, FCC; and other interested parties. We will 
also make copies available to others upon request. This report will be 
available at no charge on the GAO Web site at 
[Hyperlink, http://www.gao.gov]. If you have any questions about this 
report, please contact me at (202) 512-2834 or 
[Hyperlink, goldsteinm@gao.gov] or Amy Abramowitz at (202) 512-2834.

Major contributors to this report include Bert Japikse, Jean McSween, 
Erica Miles, Sally Moino, and Tina Sherman.

Sincerely yours,

Signed by: 

Mark L. Goldstein: 
Director, Physical Infrastructure Issues: 

[End of section]

Appendixes: 

Appendix I: Objectives, Scope, and Methodology: 

As requested by the House of Representatives Committee on Government 
Reform, the objectives of this report are to provide information on (1) 
the Federal Communications Commission's (FCC) current federal advisory 
committees and how they operate, (2) the extent to which FCC's advisory 
committees follow applicable laws and regulations, (3) how FCC makes 
use of the advisory committees' advice or recommendations, and (4) 
other advisory groups established at FCC that are not characterized as 
Federal Advisory Committee Act (FACA) committees and how they operate.

To respond to the first objective on FCC's current federal advisory 
committees and how they operate, we obtained the charters and other 
documents on FCC's active advisory committees to determine the 
committees' missions, charter dates, frequency of meetings and 
estimated operating costs. We gathered additional information from the 
FACA database maintained by the General Services Administration (GSA), 
such as committee member lists and FCC statements regarding how the 
committees achieved balance. Based on audit work completed for a prior 
GAO report, we determined that the data from the FACA database were 
sufficiently reliable for our purposes.[Footnote 27] We reviewed 
information on FCC's Web site relating to the advisory committees, as 
well as the Web sites established by the advisory committees. We 
discussed committee operations with FCC officials, including the 
committees' designated federal officers and the advisory committee 
liaison, as well as with the current committee chairmen. To further 
document how advisory committees operate, we attended one committee 
meeting in person and viewed another meeting via the Internet.

To obtain committee members' perspectives regarding advisory committee 
operations and effectiveness, we developed and administered a Web-based 
survey. From January 20, 2004, through February 6, 2004, we conducted a 
series of pretests with FCC's advisory committee chairmen and members 
to help further refine our questions, clarify any ambiguous portions of 
the survey, and identify any potentially biased questions. Upon 
completion of the pretests and development of the final survey 
questions and format, we sent an announcement of the upcoming survey to 
282 FCC advisory committee members, including the committee chairmen on 
March 17, 2004. They were notified that the survey was available online 
on March 24, 2004. We sent follow up e-mail messages to nonrespondents 
as of April 15, 2004, and then attempted to contact those who had not 
completed the survey. The survey was available online until June 11, 
2004. Of the population of 282 members who were asked to complete the 
survey, we received 200 completed surveys for an overall response rate 
of 71 percent. The practical difficulties of conducting surveys may 
introduce errors commonly referred to as "nonsampling error." For 
example, questions may be misinterpreted and the respondents' answers 
may differ from committee members who did not respond to the survey. To 
minimize nonsampling error, we pretested the survey and conducted 
numerous follow-up contacts with nonrespondents. In addition, steps 
were taken during data analysis to further minimize error, such as 
performing computer analyses to identify inconsistencies and completing 
a review of data analysis by an independent reviewer. The survey and 
its results can be found in appendix III.

In addition to the survey, we interviewed 13 members from FCC's federal 
advisory committees that operated under the preceding presidential 
administration to obtain their perspectives on the advisory committee 
process and to determine if operations had changed over time. We asked 
them to respond to a set of questions very similar to those asked of 
current members on the Web-based survey. The members that we 
interviewed had participated on the following FCC advisory committees: 
two members from the National Advisory Committee; two members from the 
North American Numbering Council; two members from the Public Safety 
National Coordination Committee; four members from the Technological 
Advisory Council; one member from the Advisory Committee for the 1999/
2000 World Radiocommunication Conference; and two members from the 
Network Reliability and Interoperability Council.

To respond to the second objective on whether FCC's advisory committees 
are following applicable laws and regulations, we reviewed the FACA 
legislation as well as GSA's regulations regarding federal advisory 
committee management and identified the key requirements that FCC must 
follow. To determine if FCC complied with these requirements, we 
reviewed relevant documentation relating to FCC's efforts to meet the 
requirements, such as Federal Register notices announcing the committee 
meetings, information reported to GSA, and the committee charters. 
Through our survey, we also obtained committee member views on aspects 
of FCC's implementation of FACA and GSA requirements. To determine what 
management controls FCC established over the advisory committee 
process, we interviewed the deputy committee management officer and 
obtained a copy of FCC's advisory committee guidelines. We interviewed 
FCC's designated agency ethics official to determine FCC's process for 
designating its committee members as representatives. We also 
interviewed officials with the Office of Government Ethics and GSA to 
understand their role in the oversight of advisory committees at FCC, 
especially regarding membership designation.

To respond to the third objective on how FCC makes use of the advisory 
committees' advice and recommendations, we analyzed survey responses 
from current committee members and responses from FCC officials to 
obtain their views on FCC's use of committees' advice and 
recommendations. We requested that FCC's designated federal officers 
verify information found on the FACA database relating to committee 
recommendations in fiscal year 2003. Specifically, we asked them to 
verify that the data found on the database were correct and to describe 
in general terms the reasons why the recommendations were or were not 
implemented by FCC. We asked FCC's five commissioners and the bureau 
and office chiefs who have responsibility over the advisory committees 
to comment in writing about (1) the quality and usefulness of advisory 
committee advice or recommendations, (2) the extent to which the 
committees' advice or recommendations are independent of FCC, and (3) 
their views on how FCC implements the advice or recommendations from 
the advisory committees. We received responses from the five FCC 
commissioners and the chiefs of the following FCC bureaus and office: 
Consumer and Governmental Affairs Bureau, which is responsible for the 
Consumer Advisory Committee; International Bureau, responsible for the 
Advisory Committee for the World Radiocommunication Conference; 
Wireline Competition Bureau, responsible for the North American 
Numbering Council; Media Bureau, responsible for the Media Security and 
Reliability Council; and Office of Engineering and Technology, 
responsible for the Network Reliability and Interoperability Council 
and the Technological Advisory Council.[Footnote 28]

Also in response to the third objective, we interviewed 12 trade and 
interest group representatives to obtain the perspectives of 
stakeholders outside of federal government regarding the quality and 
usefulness of the advisory committees' work. The following groups 
responded to our questions about FCC's federal advisory committees: (1) 
the Cellular Telecommunications and Internet Association, (2) the 
National Association of Broadcasters, (3) Consumer Federation of 
America, (4) Consumers Union, (5) American Council for the Blind, (6) 
Media Access Project, (7) the National Association of Regulatory 
Utility Commissioners, (8) the National Association of 
Telecommunications Officers and Advisors, (9) the National Cable and 
Telecommunications Association, (10) the National Indian 
Telecommunications Institute, (11) the Satellite Broadcasting and 
Communications Association, and (12) the Telecommunications Industry 
Association.

To respond to the fourth objective on other advisory groups established 
by FCC that are exempt from FACA, we interviewed five FCC officials 
assigned to the non-FACA advisory groups as well as two state public 
service commissioners' staff that are affiliated with the joint boards. 
We obtained documentation from FCC's Office of General Counsel 
concerning the formation of the joint boards, joint conferences, and 
the Intergovernmental Advisory Committee, and for their exemption from 
FACA requirements. We also contacted the following 10 trade and 
interest group representatives to determine if they had any issues or 
concerns with the operations of FCC's non-FACA advisory groups: (1) the 
Cellular Telecommunications and Internet Association, (2) the National 
Association of Broadcasters, (3) Consumers Union, (4) Media Access 
Project, (5) the National Association of Regulatory Utility 
Commissioners, (6) the National Association of Telecommunications 
Officers and Advisors, (7) the National Cable and Telecommunications 
Association, (8) the National Indian Telecommunications Institute, (9) 
the Satellite Broadcasting and Communications Association, and (10) the 
Telecommunications Industry Association.

We conducted our review from November 2003 through September 2004 in 
accordance with generally accepted government auditing standards.

[End of section]

Appendix II: Information on FCC's Federal Advisory Committees and 
Advisory Groups Exempt from FACA: 

This appendix provides information on FCC's seven federal advisory 
committees and on FCC's five advisory groups that FCC considers exempt 
from FACA, including two joint boards, two joint conferences, and the 
Intergovernmental Advisory Committee.

Advisory Committee for the 2007 World Radiocommunication Conference: 

Purpose of the committee: To provide the FCC with advice, technical 
support, and recommended proposals for the 2007 World 
Radiocommunication Conference.

Effective date of charter: May 31, 2004 (2-year charter).

Committee meetings: Held in Washington D.C., at least 4 times per year, 
open to the public.

Number of members: 69 (all representing members).

Steps taken to select members for the committee: According to the 
committee's designated federal officer, membership is open on the 
committee, and FCC issues a public notice asking all interested parties 
to be a part of the committee. The designated federal officer also 
stated that FCC's Chairman makes the final determination on committee 
chairman and leadership of the subcommittees.

How the committee achieves balanced membership: According to FCC, the 
committee has an open membership and includes representatives of 
competing industry sectors as well as government agencies and 
scientific and technical organizations. See figure 3 for the primary 
employment sectors of committee members who responded to our survey.

Figure 3: Survey Respondents' Representation by Employment Sector for 
the Advisory Committee for the 2007 World Radiocommunication 
Conference: 

[See PDF for image] 

Note: For this committee, we received 32 completed surveys out of 45 
survey recipients. Percentages may not sum to 100 percent due to 
rounding.

[End of figure] 

Type of output: According to the designated federal officer, the 
committee develops preliminary views and proposals to assist in 
drafting the U.S. position for the World Radiocommunication Conference. 
The FCC bureaus review the preliminary views to determine if they agree 
or disagree with the position.

Fiscal year 2004 estimated annual operating costs for staff and 
overhead: $105,500.

Current subcommittees: The committee has five informal working groups 
addressing (1) issues related the terrestrial and space science 
services; (2) issues involving the satellite services, including those 
related to high altitude platform stations; (3) international mobile 
telephone and 2.5 gigahertz sharing issues; (4) issues concerning the 
broadcasting and amateur services; and (5) regulatory issues.

Committee Web site: [Hyperlink, http://www.fcc.gov/ib/wrc-07/].

Advisory Committee on Diversity for Communications in the Digital Age: 

Purpose of the committee: To make recommendations to FCC regarding 
policies and practices that will further enhance the ability of 
minorities and women to participate in the telecommunications and 
related industries.

Effective date of charter: September 2, 2003 (2-year charter).

Committee meetings: Held in Washington, D.C., a minimum of 2 times per 
year, open to the public.

Number of members: 26 (all representing members).

Steps taken to select members for the committee: According to the 
designated federal officer, when FCC's Chairman announced the formation 
of the committee, interested individuals volunteered to serve on the 
committee. The designated federal officer said that FCC had an idea of 
people it wanted to serve on the committee and also contacted 
congressional staff to obtain their input on people who were qualified 
to serve. The designated federal officer said that FCC had a large list 
of potential members, but decided to limit the number of members to 
around 25.

How the committee achieves balanced membership: According to FCC, 
membership is solicited from all facets of the telecommunications 
industry, including representation from the industry's financial and 
technical sectors. See figure 4 for the primary employment sectors of 
committee members who responded to our survey.

Figure 4: Survey Respondents' Representation by Employment Sector for 
the Advisory Committee on Diversity for Communications in the Digital 
Age: 

[See PDF for image] 

Note: For this committee, we received 19 completed surveys out of 26 
survey recipients. Percentages may not sum to 100 percent due to 
rounding.

[End of figure] 

Type of output: The committee will make recommendations to the 
Commission. For example, on June 14, 2004, the committee made 
recommendations on the use of tax policy to promote opportunity and on 
the expansion of FCC's rule-based incentives to promote opportunity for 
socially disadvantaged persons.

Fiscal year 2004 estimated annual operating costs for staff and 
overhead: $10,000; according to the designated federal officer, this 
amount does not cover FCC staff's cost and will be adjusted in the 
future to include those costs.

Current subcommittees: (1) Career Advancement, (2) Financial Issues, 
(3) New Technologies, and (4) Transactional Transparency and Related 
Outreach.

Committee Web site: [Hyperlink, http://www.fcc.gov/DiversityFAC]. 

Consumer Advisory Committee: 

Purpose of the committee: To make recommendations to FCC regarding 
consumer issues within the jurisdiction of the Commission and to 
facilitate the participation of consumers (including people with 
disabilities and underserved populations, such as Native Americans and 
persons living in rural areas) in proceedings before the Commission. 
This committee was formerly called the Consumer/Disability 
Telecommunications Advisory Committee.

Effective date of charter: November 20, 2002 (2-year charter).

Committee meetings: Held in Washington, D.C., a minimum of 2 times per 
year, open to the public.

Number of members: 35 (all representing members).

Steps taken to select members for the committee: According to the 
committee's designated federal officer, FCC released a public notice 
soliciting nominations and received over 100 responses to the public 
notice. To determine the representation of the nominations received, 
the designated federal officer stated that FCC prepared a spreadsheet 
showing all nominations. Also, FCC legal staff, the chief of the 
Consumer and Governmental Affairs Bureau, the committee chairman, and 
the designated federal officer reviewed all the nominations and 
forwarded names to the FCC chairman, who made the final decisions about 
membership.

How the committee achieves balanced membership: According to FCC, the 
committee is comprised of members from both the private and public 
sectors, including nonprofit consumer and disability advocacy 
organizations, industry, underserved populations, Native Americans, 
and private citizens serving in a representative capacity. Members were 
selected to represent a broad and balanced viewpoint so that the many 
voices of the Commission's many constituencies can be heard. See figure 
5 for the primary employment sectors of committee members who responded 
to our survey.

Figure 5: Survey Respondents' Representation by Employment Sector for 
the Consumer Advisory Committee: 

[See PDF for image] 

Note: For this committee, we received 27 completed surveys out of 35 
survey recipients. Percentages may not sum to 100 percent due to 
rounding.

[End of figure] 

Type of output: The committee will make recommendations to the 
Commission. For example, the Consumer Advisory Committee made 
recommendations in fiscal year 2003 (1) supporting the creation of a 
national "do not call" list, which is easily accessible to consumers; 
(2) urging the Commission to promote consistency and uniformity in 
federal and state regulations of telemarketing practices and; (3) 
urging the Commission to increase enforcement actions against deceptive 
practices in telemarketing.

Fiscal year 2004 estimated annual operating costs for staff and 
overhead: $307,775.

Current subcommittees: (1) Consumer Education, Outreach, and 
Complaints; (2) Broadband; (3) Ancillary Services, and (4) 
Telecommunications Relay Services.

Committee Web site: [Hyperlink, http://www.fcc.gov/cgb/cac]. 

Media Security and Reliability Council: 

Purpose of the committee: To provide members of the broadcast and 
multichannel video programming distribution industries the opportunity 
to make recommendations to FCC and their industries that, when 
implemented, will ensure optimal reliability, robustness and security 
of broadcast and multichannel video programming distribution industries 
facilities. These recommendations will be based on, among other things, 
homeland defense and security considerations and will take into account 
all reasonably foreseeable circumstances. This will encompass ensuring 
the security and sustainability of broadcast and multichannel video 
programming distributor facilities throughout the United States; 
ensuring the availability of adequate transmission capability during 
events or periods of exceptional stress due to natural disaster, man-
made attacks or similar occurrences; and facilitating the rapid 
restoration of broadcast and multichannel video programming distributor 
services in the event of disruptions.

Effective date of charter: March 26, 2004 (2-year charter).

Committee meetings: Held in Washington, D.C., a minimum of 2 times per 
year (estimated total meetings - 4), open to the public.

Number of members: 40 (all representing members).

Steps taken to select members for the committee: According to the 
committee's designated federal officer, FCC approached all major 
players of broad-based media, such as satellite providers, cable 
companies, and television networks, as well as smaller companies and 
public interest groups to serve as committee members. The designated 
federal officer told us that to be effective, the committee's 
membership needed to reflect a public-private partnership. This FCC 
official further stated that the FCC chairman's office and FCC's Media 
Bureau were part of the selection process.

How the committee achieves balanced membership: According to FCC, 
committee membership includes senior representatives from mass media 
companies, cable television and satellite service providers, trade 
associations, public safety representatives, manufacturers, and other 
related entities. The members were selected for their different areas 
of expertise and to represent a balanced viewpoint. See figure 6 for 
the primary employment sectors of committee members who responded to 
our survey.

Figure 6: Survey Respondents' Representation by Employment Sector for 
the Media Security and Reliability Council: 

[See PDF for image] 

Note: For this committee, we received 25 completed surveys out of 40 
survey recipients. Percentages may not sum to 100 percent due to 
rounding.

[End of figure]

Type of output: The committee will have the opportunity to make 
recommendations to FCC and to the broadcast and multichannel video 
programming distribution industries. According to FCC, the committee 
developed best practices recommendations for media companies that help 
to ensure the continued operation of service in times of crisis and the 
effective communication of emergency information to the public.

Fiscal year 2004 estimated annual operating costs for staff and 
overhead: $152,000.

Current subcommittees: (1) Communications Infrastructure Security, 
Access and Restoration; and (2) Public Communications and Safety.

Committee Web site: 
[Hyperlink, http://www.mediasecurity.org/index.html].

Network Reliability and Interoperability Council: 

Purpose of the committee: To partner with FCC, the communications 
industry, and public safety to facilitate enhancement of emergency 
communications networks, homeland security, and best practices across 
the burgeoning telecommunications industry.

Effective date of charter: December 29, 2003 (2-year charter).

Committee meetings: Held in Washington, D.C., a minimum of 3 times per 
year, open to the public.

Number of members: 55 (all representing members).

Steps taken to select members for the committee: According to the 
designated federal officer, FCC solicited certain firms and wanted 
participation from chief executive officers. The designated federal 
officer stated that a list of potential members is sent to the FCC 
chairman for approval.

How the committee achieves balanced membership: According to FCC the 
committee includes representatives of all segments of the 
telecommunications industry. Its members represent large and small 
telecommunications consumers, local and interstate carriers, state 
regulators, equipment and software manufacturers, satellite companies, 
cable companies, Internet service providers, wireless companies and 
research organizations, among others. See figure 7 for the primary 
employment sectors of committee members who responded to our survey.

Figure 7: Survey Respondents' Representation by Employment Sector for 
Network Reliability and Interoperability Council: 

[See PDF for image] 

Note: For this committee, we received 37 completed surveys out of 54 
survey recipients. Percentages may not sum to 100 percent due to 
rounding.

[End of figure] 

Type of output: The committee will make recommendations to FCC and to 
the communications industry intended to improve telecommunications 
network robustness and reliability.

Fiscal year 2004 estimated annual operating costs for staff and 
overhead: $202,000.

Current subcommittees: (1) Enhanced 911, (2) Homeland security, (3) 
Network best practices, and (4) Broadband.

Committee Web site: [Hyperlink, http://www.nric.org].

North American Numbering Council: 

Purpose of the committee: To advise FCC and to make recommendations 
that foster efficient and impartial administration of the North 
American Numbering Plan. The Council advises the Commission on 
numbering policy and technical issues, initially resolve disputes as 
directed by the Commission, and provides guidance to the North American 
Numbering Plan Administrator, the Local Number Portability 
Administrator, the Pooling Administrator as directed by the Commission.

Effective date of charter: October 4, 2003 (2-year charter).

Committee meetings: Held in Washington D.C., approximately six meetings 
per year, open to the public.

Number of members: 28 voting members, 27 alternate members (all 
representing).

Steps taken to select members for the committee: According to the 
designated federal officer, members are invited from each sector of the 
telecommunications market, including wireless, trade, state 
representatives, carriers, incumbent local exchange carriers and 
competitive local exchange carriers. The designated federal officer 
said that members are asked to respond regarding their expertise and 
experience in the telecommunications world. Also, according to the 
official, members serving on the council from the previous charter were 
asked if they wanted to continue serving.

How the committee achieves balanced membership: According to FCC, the 
committee balances membership by including representatives from every 
sector of the telecommunications industry, as well as members 
representing the North American Numbering Plan member countries, state 
regulators, and consumers. See figure 8 for the primary employment 
sectors of committee members who responded to our survey.

Figure 8: Survey Respondents' Representation by Employment Sector for 
the North American Numbering Council: 

[See PDF for image] 

Note: For this committee, we received 36 completed surveys out of 49 
survey recipients. Percentages may not sum to 100 percent due to 
rounding.

[End of figure] 

Type of output: The committee will make recommendations to FCC that 
foster efficient and impartial administration of the North American 
Numbering Plan, and advise FCC on numbering policy and technical 
issues.

Fiscal year 2004 estimated annual operating costs for staff and 
overhead: $234,000.

Current subcommittees: (1) steering group, (2) number oversight working 
group, (3) legal expertise working group, (4) local number portability 
working group, (5) cost recovery working group, (6) industry numbering 
committee, (7) North American Numbering Plan expansion/numbering 
optimization, (8) abbreviated dialing for one call notification issues 
management group, (9) North American Portability Management limited 
liability corporation, (10) intermediate numbering/soft dial tone issue 
management group, (11) contamination threshold issues management group, 
and (12) universal service fund issues management group.

Committee Web site: [Hyperlink, http://www.fcc.gov/wcb/tapd/Nanc].

Technological Advisory Council: 

Purpose of the committee: To provide technical advice to FCC and 
address questions referred to it by the FCC chairman, the chief of the 
Office of Engineering and Technology or by the committee's designated 
federal officer.

Effective date of charter: November 25, 2002 (2-year charter).

Committee meetings: Held in Washington, D.C., 3 to 5 times per year, 
open to the public.

Number of members: 33 (all representing members).

Steps taken to select members for the committee: According to the 
committee's designated federal officer, FCC sought individuals with 
expertise but also accepted outside nominations. With the selection 
process narrowly focused, the designated federal officer and the 
committee chairman made the membership decisions.

How the committee achieves balanced membership: According to FCC, 
members have been selected to balance the expertise and viewpoints that 
are necessary to effectively address the new technology issues that 
will be directed to the committee. Members are recognized experts in 
their fields and, for private sector companies, individuals who hold 
technical executive positions such as Chief Technical Officer or Senior 
Technical Manager. See figure 9 for the primary employment sectors of 
committee members who responded to our survey.

Figure 9: Survey Respondents' Representation by Employment Sector for 
the Technological Advisory Council: 

[See PDF for image] 

Note: For this committee, we received 24 completed surveys out of 33 
survey recipients. Percentages may not sum to 100 percent due to 
rounding.

[End of figure] 

Type of output: According to the committee's designated federal 
officer, the committee does not make formal recommendations. Rather, 
their deliverables are in the form of presentations on emerging 
technologies that the chairman of FCC hears during the committee's 
meetings.

Fiscal year 2004 estimated annual operating costs for staff and 
overhead: $201,000.

Current subcommittees: None.

Committee Web site: [Hyperlink, http://www.fcc.gov/oet/tac]. 

Joint Board on Jurisdictional Separations: 

Purpose of the joint board: To make recommendations on apportioning 
regulated costs between the interstate and intrastate jurisdictions.

Year of establishment: 1980.

Meetings: Held at the National Association for Regulatory Utility 
Commissioners meetings in varying locations 3 times per year, closed to 
the public; occasional en banc meetings are held.

Number of members: 7 (three federal commissioners and four state 
commissioners).

Steps taken to select members for the joint board: FCC nominates the 
federal commissioners and the National Association for Regulatory 
Utility Commissioners nominates the state commissioners. FCC makes the 
final selections of joint board members.

Type of output: The joint board makes recommendations to the 
Commission. One recommendation resulted in FCC establishing an interim 
"freeze" on the jurisdictional separations process.

Budget for fiscal year 2003: FCC allocated $25,000 that is applied 
towards travel and other meetings costs.

Joint board Web site: [Hyperlink, http://www.fcc.gov/wcb/tapd/sep].

Joint Board on Universal Service: 

Purpose of the joint board: To make recommendations to implement the 
universal service provisions of the Telecommunications Act.

Year of establishment: 1996.

Meetings: Held at the National Association for Regulatory Utility 
Commissioners meetings in varying locations 3 times per year, closed to 
the public; occasional en banc meetings are held.

Number of members: 8 (three federal commissioners, four state 
commissioners, and one state consumer public advocate).

Steps taken to select members for the joint board: FCC nominates the 
federal commissioners, the National Association for Regulatory Utility 
Commissioners nominates the state commissioners, and the National 
Association of State Utility Consumer Advocates nominates a state 
consumer public advocate. FCC makes the final selections of joint board 
members.

Type of output: The joint board makes recommendations to the 
Commission. For example, a recommendation to FCC proposed modifications 
to the Lifeline/Link-Up program.

Budget for fiscal year 2003: FCC allocated $50,000 that is applied 
toward travel and other meetings costs.

Joint board Web site: 
[Hyperlink, 
http://www.fcc.gov/wcb/universal_service/JointBoard/welcome.html]

Joint Conference on Accounting Issues: 

Purpose of the joint conference: to review the possible need for 
changes to FCC's regulatory accounting rules.

Year of establishment: 2002.

Meetings: Held at the National Association for Regulatory Utility 
Commissioners meetings in varying locations 3 times per year, closed to 
the public.

Number of members: 7 (two federal commissioners and five state 
commissioners).

Steps taken to select members for the joint conference: FCC nominates 
the federal commissioners and the National Association for Regulatory 
Utility Commissioners nominates the state commissioners. FCC makes the 
final selections of joint board members.

Type of output: The joint conference makes recommendations to the 
Commission. For example, a recommendation to FCC proposed revisions to 
Part 32 rules to include the reinstatement of certain accounts and the 
addition of several new accounts.

Budget for fiscal year 2003: FCC allocated funds from joint board 
allocations for this conference. A total of $4,881 applied toward 
travel and other meetings costs.

Joint conference Web site: [Hyperlink, http://www.fcc.gov/FSJCRAI]. 

Joint Conference on Advanced Telecommunications Services: 

Purpose of the joint conference: To fulfill the promise of Section 706 
of the Telecommunications Act of 1996. The joint conference shares 
ideas, gathers real-life stories from across the country, and assists 
the FCC in its reports to Congress on the deployment of advanced 
telecommunications services.

Year of establishment: 1999.

Meetings: Held at the National Association for Regulatory Utility 
Commissioners meetings in varying locations 3 times per year, closed to 
the public.

Number of members: 11 (five federal commissioners and six state 
commissioners).

Steps taken to select members for the joint conference: FCC nominates 
the federal commissioners and the National Association for Regulatory 
Utility Commissioners nominates the state commissioners. FCC makes the 
final selections of joint board members.

Type of output: The joint conference provides a forum for ongoing 
dialogue. The conference has held field hearings across the country to 
learn about the deployment of advanced telecommunications services. It 
also developed a report on broadband deployment in cooperation with the 
Florida Public Service Commission.

Budget for fiscal year 2003: No FCC funds were specifically allocated 
to this joint conference.

Joint conference Web site: 
[Hyperlink, http://www.fcc.gov/jointconference].

Intergovernmental Advisory Committee: 

Purpose of the committee: To provide guidance to the Commission on 
issues of importance to state, local, and tribal governments, as well 
as to the Commission. The Committee provides ongoing advice and 
information to the Commission on a broad range of telecommunications 
issues of interest to state, local, and tribal governments, including 
cable and local franchising, public rights-of-way, facilities siting, 
universal service, broadband access, barriers to competitive entry, and 
public safety communications, for which the Commission explicitly or 
inherently shares responsibility or administration with local, county, 
state, or tribal governments.

Year of establishment: 1997 (the committee's original name was the 
Local State and Government Advisory Committee).

Meetings: Held in Washington, D.C., 4 times per year, closed to the 
public.

Number of members: 15 (five state government representatives, seven 
local representatives, and three representatives from tribal 
governments).

Steps taken to select members for the committee: FCC released a public 
notice soliciting nominations and selected committee members from among 
the nominations.

Type of Output: Recommendations to the Commission. Comments recently 
filed as part of an FCC proceeding on Voice Over Internet Protocol.

Budget for fiscal year 2003: No FCC funds were allocated.

Committee Web site: [Hyperlink, http://www.fcc.gov/statelocal].

[End of section]

Appendix III: GAO Survey of FCC Federal Advisory Committee Members: 

Q1. How long have you been a member of the committee?

Less than 6 months (percent): 13.0; 
6 months to 1 year (percent): 21.0; 
1 year to 1 ¾ years (percent): 15.5; 
1 ¾ years to 2 years (percent): 11.0; 
2 years or more (percent): 38.5; 
No response (percent): 1.0; 
Number of respondents: 200.

[End of table]

Q2. To the best of your knowledge, did you attain membership to the 
committee through any of the following circumstances?

a. Personally contacted FCC about membership; 
Yes (percent): 20.0; 
No (percent): 40.0; 
Don't know (percent): 1.5; 
No response (percent): 38.5; 
Number of respondents: 200.

b. My employer contacted FCC about membership; 
Yes (percent): 14.5; 
No (percent): 42.0; 
Don't know (percent): 2.0; 
No response (percent): 41.5; 
Number of respondents: 200.

c. Solicited for membership by an FCC official; 
Yes (percent): 40.5; 
No (percent): 24.0; 
Don't know (percent): 3.0; 
No response (percent): 32.5; 
Number of respondents: 200.

d. Recommended for membership by a colleague, company, or 
organization; 
Yes (percent): 42.5; 
No (percent): 18.5; 
Don't know (percent): 9.5; 
No response (percent): 29.5; 
Number of respondents: 200.

e. Recommended for membership by a member of Congress or their staff; 
Yes (percent): 1.5; 
No (percent): 43.5; 
Don't know (percent): 5.5; 
No response (percent): 49.5; 
Number of respondents: 200.

f. Other; 
Yes (percent): 8.0; 
No (percent): 14.5; 
Don't know (percent): 1.0; 
No response (percent): 76.5; 
Number of respondents: 200.

[End of table]

Q3. In which of the following sectors do you primarily work?

a. Private business; 
Percent: 56.0; 
Number of respondents: 112; 
Total number of respondents: 200.

b. A trade association; 
Percent: 5.5; 
Number of respondents: 11; 
Total number of respondents: 200.

c. Federal government; 
Percent: 6.5; 
Number of respondents: 13; 
Total number of respondents: 200.

d. State or local government; 
Percent: 8.5; 
Number of respondents: 17; 
Total number of respondents: 200.

e. A college or university; 
Percent: 3.0; 
Number of respondents: 6; 
Total number of respondents: 200.

f. Trade union or labor organization; 
Percent: 0.5; 
Number of respondents: 1; 
Total number of respondents: 200.

g. An advocacy or nonprofit organization; 
Percent: 8.5; 
Number of respondents: 17; 
Total number of respondents: 200.

h. Private consulting; 
Percent: 9.5; 
Number of respondents: 19; 
Total number of respondents: 200.

i. Other ( Please specify below. ); 
Percent: 1.5; 
Number of respondents: 3; 
Total number of respondents: 200.

j. No response; 
Percent: 0.5; 
Number of respondents: 1; 
Total number of respondents: 200.

[End of table]

Q4. In which of the following industry sectors does your employer work 
or represent?

a. Wireline local telephone; 
Percent: 39.8; 
Number of respondents: 49; 
Total number of respondents: 123.

b. Long distance telephone; 
Percent: 33.3; 
Number of respondents: 41; 
Total number of respondents: 123.

c. Wireless telephone; 
Percent: 34.1; 
Number of respondents: 42; 
Total number of respondents: 123.

d. Radio; 
Percent: 15.4; 
Number of respondents: 19; 
Total number of respondents: 123.

e. Broadcast television; 
Percent: 18.7; 
Number of respondents: 23; 
Total number of respondents: 123.

f. Cable or satellite television; 
Percent: 26.0; 
Number of respondents: 32; 
Total number of respondents: 123.

g. Internet service; 
Percent: 40.7; 
Number of respondents: 50; 
Total number of respondents: 123.

h. Satellite service; 
Percent: 15.4; 
Number of respondents: 19; 
Total number of respondents: 123.

i. Equipment manufacturing; 
Percent: 17.1; 
Number of respondents: 21; 
Total number of respondents: 123.

j. Computer/software; 
Percent: 7.3; 
Number of respondents: 9; 
Total number of respondents: 123.

k. Other (Please specify below.); 
Percent: 16.3; 
Number of respondents: 20; 
Total number of respondents: 123.

[End of table]

Q5. Approximately how many people does your company employ?

Q5. Approximately how many people does your company employ? 
Mean: 38,669; 
Median: 13,200; 
Minimum: 1; 
Maximum: 230,000; 
Number of respondents: 116.

[End of table]

Q5no. Check below if you don't know: 

Percent: 4.1; 
Number of respondents: 123.

[End of table]

Q6. Since your appointment, approximately how many committee meetings 
have you attended?

All meetings (percent): 43.0; 
Most meetings (percent): 43.0; 
About half the meetings (percent): 7.0; 
A few meetings (percent): 5.5; 
No meetings (percent): 1.0; 
No response (percent): 0.5; 
Number of respondents: 200.

[End of table]

Q7. How important are the following factors in your decision to attend 
or not attend your committee's meetings?

a. Amount of notice provided for the meetings; 
Very important (percent): 42.1; 
Somewhat important (percent): 37.1; 
Not very important (percent): 17.3; 
Not applicable (percent): 1.0; 
No response (percent): 2.5; 
Number of respondents: 197.

b. Your interest in the agenda items; 
Very important (percent): 41.6; 
Somewhat important (percent): 26.4; 
Not very important (percent): 25.9; 
Not applicable (percent): 3.6; 
No response (percent): 2.5; 
Number of respondents: 197.

c. Your other commitments; 
Very important (percent): 46.2; 
Somewhat important (percent): 40.6; 
Not very important (percent): 8.6; 
Not applicable (percent): 1.0; 
No response (percent): 3.6; 
Number of respondents: 197.

d. Your costs of attending meetings; 
Very important (percent): 10.7; 
Somewhat important (percent): 14.7; 
Not very important (percent): 58.9; 
Not applicable (percent): 11.2; 
No response (percent): 4.6; 
Number of respondents: 197.

e. Your perception of the degree to which FCC considers your 
committee's advice; 
Very important (percent): 44.7; 
Somewhat important (percent): 30.5; 
Not very important (percent): 17.3; 
Not applicable (percent): 3.6; 
No response (percent): 4.1; 
Number of respondents: 197.

f. Other (Please specify below.); 
Very important (percent): 5.6; 
Somewhat important (percent): 1.0; 
Not very important (percent): 0.5; 
Not applicable (percent): 2.0; 
No response (percent): 90.9; 
Number of respondents: 197.

[End of table]

Q8. How much time on a yearly basis do you devote to committee 
membership activities (including research and preparation for meetings, 
travel, and attending meetings)?

Less than 1 week (percent): 12.5; 
1 to 2 weeks (percent): 37.5; 
2 to 3 weeks (percent): 23.0; 
4 weeks or more (percent): 25.0; 
No response (percent): 2.0; 
Number of respondents: 200.

[End of table]

Q9. As a member, what type of advice do you contribute to the 
committee?

a. I contribute my own expert opinion; 
Percent: 70.0; 
Number of respondents: 140; 
Total number of respondents: 200.

b. I contribute the opinion of the organization, company, or 
institution that I represent; 
Percent: 77.5; 
Number of respondents: 155; 
Total number of respondents: 200.

c. Other (Please specify below.); 
Percent: 11.0; 
Number of respondents: 22; 
Total number of respondents: 200.

[End of table]

Q10. Would you agree or disagree with the following statements as they 
apply to the composition of your committee?

a. Members represent parties that have an interest in the mission and 
outcome of the committee; 
Strongly agree (percent): 60.5; 
Agree (percent): 35.0; 
Neither agree nor disagree (percent): 1.5; 
Disagree (percent): 1.0; 
Strongly disagree (percent): 0.5; 
No basis to judge (percent): 1.0; 
No response (percent): 0.5; 
Number of respondents: 200.

b. Members represent divergent points of view on issues addressed by 
the committee; 
Strongly agree (percent): 53.5; 
Agree (percent): 34.0; 
Neither agree nor disagree (percent): 6.5; 
Disagree (percent): 4.5; 
Strongly disagree (percent): 0.0; 
No basis to judge (percent): 1.0; 
No response (percent): 0.5; 
Number of respondents: 200.

c. Members have sufficient knowledge and experience to provide input on 
the issues addressed by the committee; 
Strongly agree (percent): 55.5; 
Agree (percent): 37.5; 
Neither agree nor disagree (percent): 4.5; 
Disagree (percent): 1.5; 
Strongly disagree (percent): 0.0; 
No basis to judge (percent): 0.5; 
No response (percent): 0.5; 
Number of respondents: 200.

[End of table]

Q11. Who sets the agenda for your committee's meetings?

a. Committee chairperson; 
Percent: 79.5; 
Number of respondents: 159; 
Total number of respondents: 200.

b. FCC official(s); 
Percent: 46.0; 
Number of respondents: 92; 
Total number of respondents: 200.

c. Committee as a whole; 
Percent: 39.0; 
Number of respondents: 78; 
Total number of respondents: 200.

d. Don't know; 
Percent: 6.0; 
Number of respondents: 12; 
Total number of respondents: 200.

e. Other (Please specify below.); 
Percent: 5.5; 
Number of respondents: 11; 
Total number of respondents: 200.

[End of table]

Q12. Do you believe the appropriate party or parties sets the 
committee's agenda?

Yes (percent): 86.0; 
No (percent): 4.0; 
Don't know (percent): 5.0; 
No response (percent): 5.0; 
Number of respondents: 200.

[End of table]

Q13. As a committee member, do you generally have access to the 
information you need to make an informed decision on an issue?

In all cases (percent): 29.0; 
In most cases (percent): 60.5; 
In some cases (percent): 7.0; 
In no cases (percent): 0.0; 
Don't know (percent): 1.5; 
No response (percent): 2.0; 
Number of respondents: 200.

[End of table]

Q14. Overall, how satisfied or dissatisfied are you with the following 
aspects of the operations and procedures of your committee?

a. The clarity of your committee's mission; 
Very satisfied (percent): 44.5; 
Satisfied (percent): 41.5; 
Neither satisfied nor dissatisfied (percent): 6.5; 
Dissatisfied (percent): 5.5; 
Strongly dissatisfied (percent): 0.5; 
Don't know (percent): 0.5; 
No response (percent): 1.0; 
Number of respondents: 200.

b. The clarity of your committee's operating rules and procedures; 
Very satisfied (percent): 38.0; 
Satisfied (percent): 49.0; 
Neither satisfied nor dissatisfied (percent): 7.5; 
Dissatisfied (percent): 4.0; 
Strongly dissatisfied (percent): 0.5; 
Don't know (percent): 0.0; 
No response (percent): 1.0; 
Number of respondents: 200.

c. The opportunity for all members to provide input throughout the 
committee process; 
Very satisfied (percent): 52.5; 
Satisfied (percent): 35.5; 
Neither satisfied nor dissatisfied (percent): 7.0; 
Dissatisfied (percent): 3.5; 
Strongly dissatisfied (percent): 0.5; 
Don't know (percent): 0.0; 
No response (percent): 1.0; 
Number of respondents: 200.

d. The use of technology to facilitate meeting participation; 
Very satisfied (percent): 26.5; 
Satisfied (percent): 46.0; 
Neither satisfied nor dissatisfied (percent): 17.5; 
Dissatisfied (percent): 7.5; 
Strongly dissatisfied (percent): 0.5; 
Don't know (percent): 1.0; 
No response (percent): 1.0; 
Number of respondents: 200.

e. The topics on which your committee is briefed by FCC officials; 
Very satisfied (percent): 24.0; 
Satisfied (percent): 43.0; 
Neither satisfied nor dissatisfied (percent): 19.0; 
Dissatisfied (percent): 6.0; 
Strongly dissatisfied (percent): 1.0; 
Don't know (percent): 2.5; 
No response (percent): 4.5; 
Number of respondents: 200.

f. The knowledge of FCC officials who brief and support your committee; 
Very satisfied (percent): 38.5; 
Satisfied (percent): 41.0; 
Neither satisfied nor dissatisfied (percent): 13.5; 
Dissatisfied (percent): 3.5; 
Strongly dissatisfied (percent): 0.5; 
Don't know (percent): 0.5; 
No response (percent): 2.5; 
Number of respondents: 200.

g. The amount and quality of support provided by FCC (such as staff 
support, space, supplies, and equipment); 
Very satisfied (percent): 39.5; 
Satisfied (percent): 38.5; 
Neither satisfied nor dissatisfied (percent): 11.5; 
Dissatisfied (percent): 4.0; 
Strongly dissatisfied (percent): 0.5; 
Don't know (percent): 2.5; 
No response (percent): 3.5; 
Number of respondents: 200.

h. The amount of feedback FCC officials seek from committee members 
regarding the effectiveness of the committee's activities; 
Very satisfied (percent): 20.5; 
Satisfied (percent): 36.0; 
Neither satisfied nor dissatisfied (percent): 23.5; 
Dissatisfied (percent): 10.5; 
Strongly dissatisfied (percent): 1.0; 
Don't know (percent): 6.0; 
No response (percent): 2.5; 
Number of respondents: 200.

i. The communication from FCC officials regarding how your committee's 
advice has affected FCC programs or decision making; 
Very satisfied (percent): 17.0; 
Satisfied (percent): 29.5; 
Neither satisfied nor dissatisfied (percent): 24.0; 
Dissatisfied (percent): 16.5; 
Strongly dissatisfied (percent): 2.5; 
Don't know (percent): 6.5; 
No response (percent): 4.0; 
Number of respondents: 200.

j. The extent to which your committee fairly considers both majority 
and minority opinions; 
Very satisfied (percent): 31.0; 
Satisfied (percent): 44.0; 
Neither satisfied nor dissatisfied (percent): 15.5; 
Dissatisfied (percent): 5.5; 
Strongly dissatisfied (percent): 0.5; 
Don't know (percent): 2.0; 
No response (percent): 1.5; 
Number of respondents: 200.

[End of table]

Q15. In terms of formulating committee advice or recommendations, how 
independent do you believe the committee is of FCC?

Very independent (percent): 47.0; 
Moderately independent (percent): 42.0; 
A little or not at all independent (percent): 6.5; 
Don't know (percent): 2.0; 
No response (percent): 2.5; 
Number of respondents: 200.

[End of table]

Q16. In terms of formulating committee advice or recommendations, to 
what extent do you believe the committee maintains a balance of 
influence among various interest groups (such as industry, trade or 
consumer groups)?

Very great extent (percent): 16.5; 
Great extent (percent): 43.5; 
Moderate extent (percent): 21.5; 
Some extent (percent): 8.5; 
Little or no extent (percent): 4.0; 
Don't know (percent): 3.0; 
No response (percent): 3.0; 
Number of respondents: 200.

[End of table]

Q17. Which of the following methods does your committee use to convey 
its advice or recommendations to FCC?

a. Written reports; 
Yes (percent): 87.0; 
No (percent): 5.0; 
Don't know (percent): 4.0; 
No response (percent): 4.0; 
Number of respondents: 200.

b. Memorandums or letters; 
Yes (percent): 54.5; 
No (percent): 13.5; 
Don't know (percent): 9.5; 
No response (percent): 22.5; 
Number of respondents: 200.

c. Oral briefings, presentations, or testimonies; 
Yes (percent): 74.0; 
No (percent): 7.0; 
Don't know (percent): 10.0; 
No response (percent): 9.0; 
Number of respondents: 200.

d. Other (Please specify below.); 
Yes (percent): 8.0; 
No (percent): 2.0; 
Don't know (percent): 3.0; 
No response (percent): 87.0; 
Number of respondents: 200.

[End of table]

Q18. In your opinion, to what extent is the public provided opportunity 
to express its views to your committee?

Very great extent (percent): 20.5; 
Great extent (percent): 32.0; 
Moderate extent (percent): 15.5; 
Some extent (percent): 10.5; 
Little or no extent (percent): 12.0; 
Don't know (percent): 7.0; 
No response (percent): 2.5; 
Number of respondents: 200.

[End of table]

Q19. To your knowledge, have members of the public (excluding FCC 
staff) ever expressed their views to the committee?

Yes (percent): 56.5; 
No (percent): 19.0; 
Don't know (percent): 22.0; 
No response (percent): 2.5; 
Number of respondents: 200.

[End of table]

Q20. Does your committee have any subcommittees?

Yes (percent): 78.5; 
No (percent): 15.5; 
Don't know (percent): 3.5; 
No response (percent): 2.5; 
Number of respondents: 200.

[End of table]

Q21. Were members selected to serve on your committee's subcommittees 
through any of the following methods?

a. Self-selected (i.e., volunteered); 
Yes (percent): 87.3; 
No (percent): 2.5; 
Don't know (percent): 4.5; 
No Response (percent): 5.7; 
Number of respondents: 157.

b. Committee or subcommittee chairman; 
Yes (percent): 53.5; 
No (percent): 14.0; 
Don't know (percent): 12.1; 
No Response (percent): 20.4; 
Number of respondents: 157.

c. FCC official(s); 
Yes (percent): 19.1; 
No (percent): 29.9; 
Don't know (percent): 22.3; 
No Response (percent): 28.7; 
Number of respondents: 157.

d. Full committee; 
Yes (percent): 15.9; 
No (percent): 36.3; 
Don't know (percent): 14.6; 
No Response (percent): 33.1; 
Number of respondents: 157.

e. Other (Please specify below.); 
Yes (percent): 3.8; 
No (percent): 7.0; 
Don't know (percent): 1.9; 
No Response (percent): 87.3; 
Number of respondents: 157.

[End of table]

Q22. What was the basis for selecting members to serve on 
subcommittees?

a. Technical expertise; 
Percent: 74.5; 
Number of respondents: 117; 
Total number of respondents: 157.

b. Industry representation; 
Percent: 66.9; 
Number of respondents: 105; 
Total number of respondents: 157.

c. Creating fair balance of points of views; 
Percent: 55.4; 
Number of respondents: 87; 
Total number of respondents: 157.

d. Don't know; 
Percent: 9.6; 
Number of respondents: 15; 
Total number of respondents: 157.

e. Other (Please specify below.); 
Percent: 14.6; 
Number of respondents: 23; 
Total number of respondents: 157.

[End of table]

Q23. Have you been a member of any subcommittees?

Yes (percent): 75.8; 
No (percent): 22.9; 
No response (percent): 1.3; 
Number of respondents: 157.

[End of table]

Q24. How is the work of the subcommittees completed?

a. In-person meetings; 
Percent: 80.7; 
Number of respondents: 96; 
Total number of respondents: 119.

b. Video or audio conferences; 
Percent: 86.6; 
Number of respondents: 103; 
Total number of respondents: 119.

c. E-mail exchanges; 
Percent: 92.4; 
Number of respondents: 110; 
Total number of respondents: 119.

d. Other (Please specify below.); 
Percent: 0.0; 
Number of respondents: 0; 
Total number of respondents: 119.

[End of table]

Q25. In your opinion, to what extent is the public provided an 
opportunity to express its views to your subcommittees?

Very great extent (percent): 9.2; 
Great extent (percent): 17.6; 
Moderate extent (percent): 18.5; 
Some extent (percent): 11.8; 
Little or no extent (percent): 33.6; 
Don't know (percent): 7.6; 
No response (percent): 1.7; 
Number of respondents: 119.

[End of table]

Q26. To your knowledge, have members of the public ever expressed their 
views to the subcommittees?

Yes (percent): 39.5; 
No (percent): 37.8; 
Don't know (percent): 17.6; 
No response (percent): 5.0; 
Number of respondents: 119.

[End of table]

Q27. Overall, how satisfied or dissatisfied have you been with the 
operation of your subcommittees?

Very satisfied (percent): 37.0; 
Satisfied (percent): 42.9; 
Neither satisfied nor dissatisfied (percent): 14.3; 
Dissatisfied (percent): 2.5; 
Very dissatisfied (percent): 0.8; 
No response (percent): 2.5; 
Number of respondents: 119.

[End of table]

Q28. In your experience--given the understanding that the full 
committee approves all subcommittee advice and recommendations-- what 
is the balance of work between the full committee and subcommittees 
with regard to output?

Entirely work of full committee (percent): 0.6; 
More work by the full committee than subcommittees (percent): 3.2; 
Equal balance between full committee and subcommittees (percent): 10.8; 
More work by the subcommittees than full committee (percent): 46.5; 
Entirely work of subcommittees with approval from the full committee 
(percent): 32.5; 
Don't know (percent): 3.2; 
No response (percent): 3.2; 
Number of respondents: 157.

[End of table]

Q29. To what extent does the committee deliberate the proposals of the 
subcommittees before they are voted upon?

Very great extent (percent): 11.5; 
Great extent (percent): 31.8; 
Moderate extent (percent): 24.8; 
Some extent (percent): 13.4; 
Little or no extent (percent): 7.0; 
Don't know (percent): 8.3; 
No response (percent): 3.2; 
Number of respondents: 157.

[End of table]

Q30. Does your committee's work influence FCC policy or operations 
through any of the following mechanisms?

a. Committee briefs FCC commissioners; 
Yes (percent): 41.0; 
No (percent): 28.0; 
Don't know (percent): 24.0; 
No response (percent): 7.0; 
Number of respondents: 200.

b. Committee briefs FCC senior staff; 
Yes (percent): 64.5; 
No (percent): 11.5; 
Don't know (percent): 17.5; 
No response (percent): 6.5; 
Number of respondents: 200.

c. Committee testifies before the FCC at hearings; 
Yes (percent): 7.5; 
No (percent): 47.5; 
Don't know (percent): 31.0; 
No response (percent): 14.0; 
Number of respondents: 200.

d. Committee work results in an issuance of a Notice of Inquiry; 
Yes (percent): 22.0; 
No (percent): 29.0; 
Don't know (percent): 30.0; 
No response (percent): 19.0; 
Number of respondents: 200.

e. Committee work results in an issuance of a Notice of Proposed 
Rulemaking; 
Yes (percent): 24.5; 
No (percent): 29.0; 
Don't know (percent): 29.5; 
No response (percent): 17.0; 
Number of respondents: 200.

f. Committee submits comments in an ongoing FCC proceeding; 
Yes (percent): 26.5; 
No (percent): 31.0; 
Don't know (percent): 25.5; 
No response (percent): 17.0; 
Number of respondents: 200.

g. Other (Please specify below.); 
Yes (percent): 13.0; 
No (percent): 1.5; 
Don't know (percent): 1.5; 
No response (percent): 84.0; 
Number of respondents: 200.

[End of table]

Q31. How satisfied or dissatisfied are you with the extent to which FCC 
takes your committee's advice and recommendations into account when 
developing policy or making changes in operations?

Very satisfied (percent): 12.5; 
Satisfied (percent): 41.5; 
Neither satisfied nor dissatisfied (percent): 27.0; 
Dissatisfied (percent): 6.5; 
Very dissatisfied (percent): 2.0; 
Don't know (percent): 8.0; 
No response (percent): 2.5; 
Number of respondents: 200.

[End of table]

Q33. Are setting or changing voluntary industry standards an output of 
your committee? (Voluntary industry standards are those not mandated by 
FCC.) 

Yes (percent): 54.0; 
No (percent): 35.0; 
Don't know (percent): 7.0; 
No response (percent): 4.0; 
Number of respondents: 200.

[End of table]

Q34. How satisfied or dissatisfied are you with the effectiveness and 
impact of your committee to set or change voluntary industry 
standards?

Very satisfied (percent): 15.7; 
Satisfied (percent): 45.4; 
Neither satisfied nor dissatisfied (percent): 22.2; 
Dissatisfied (percent): 9.3; 
Very dissatisfied (percent): 0.9; 
Don't know (percent): 3.7; 
No response (percent): 2.8; 
Number of respondents: 108.

[End of table]

Q36. Thinking over your entire tenure on the committee, to what extent 
would you characterize FCC as receptive to the advice and 
recommendations of your committee?

Very great extent (percent): 18.5; 
Great extent (percent): 43.0; 
Moderate extent (percent): 21.0; 
Some extent (percent): 8.0; 
Little or no extent (percent): 2.0; 
Don't know (percent): 6.0; 
No response (percent): 1.5; 
Number of respondents: 200.

[End of table]

Q37. Thinking over your entire tenure on the committee, to what extent 
would you characterize industry as receptive to the advice and 
recommendations of your committee?

Very great extent (percent): 11.0; 
Great extent (percent): 35.5; 
Moderate extent (percent): 27.5; 
Some extent (percent): 10.5; 
Little or no extent (percent): 2.5; 
Don't know (percent): 10.0; 
No response (percent): 3.0; 
Number of respondents: 200.

[End of table]

Q38. Overall, how satisfied or dissatisfied are you with your 
experience serving on the committee?

Very satisfied (percent): 32.5; 
Satisfied (percent): 49.5; 
Neither satisfied nor dissatisfied (percent): 10.5; 
Dissatisfied (percent): 6.5; 
Very dissatisfied (percent): 0.0; 
Don't know (percent): 0.5; 
No response (percent): 0.5; 
Number of respondents: 200.

[End of table]

Q39. If invited, would you be interested in serving on this committee 
again?

Yes (percent): 89.5; 
No (percent): 2.0; 
Don't know (percent): 8.5; 
No response (percent): 0.0; 
Number of respondents: 200.

[End of table]

Note: Questions 32, 35, and 40 of the survey were comment boxes for 
written narrative so the results are not displayed.

[End of section] 

Appendix IV: Comments from the Federal Communications Commission: 

Federal Communications Commission: 
Washington, D.C. 20554:

November 9, 2004:

Mr. Mark L. Goldstein, Director: 
Physical Infrastructure Issues:
U.S. Government Accountability Office: 
Washington, DC 20548:

Dear Mr. Goldstein:

Thank you for the opportunity to comment on the GAO's draft report 
Federal Communications Commission. Federal Advisory Committees Follow 
Requirements, But FCC Should Improve Its Process for Appointing 
Committee Members. We appreciated the opportunity to work with your 
staff in the development of this helpful report on advisory groups at 
the Commission. We are pleased to learn that in the area of federal 
advisory committee management you find that the Commission follows 
applicable requirements.

Commission staff will provide a few minor points of technical 
clarification under separate cover. My comments will focus on the draft 
report's recommendation that the FCC could better ensure advisory 
committee members' understanding of the type of advice they are to 
provide.

As noted in the report, the FCC currently informs FACA committee 
members in writing whether they will be serving in a representative 
capacity or as an individual expert and, therefore, a special 
government employee. Currently, this information is provided either in 
the members' appointing letters or in separate letters from a 
representative of the designated agency ethics official.

As suggested, in the future where the telecommunications interest of 
the entity or group that a member will be representing is unclear (such 
as where the represented entity is a university. law firm or consulting 
firm) the letters notifying such committee members of their service 
status will also make clear the specific underlying viewpoint. interest 
group. or segment of the community that the member is expected to 
represent.

In addition, in the future the FCC's designated agency ethics official 
or his designee will begin participating at the early stages of the 
selection process for prospective FACA committee members. This will 
better ensure that committee members planning to serve as 
representatives understand from the outset the specific entities or 
groups and underlying viewpoints or interests that they are expected to 
represent. It will also ensure that those planning to serve as special 
government employees are aware of the legal requirements associated 
with their service on the committee.

If we can assist in any further way in the completion of this report, 
please let me know.

Sincerely,

Signed for: 

Andrew S. Fishel: 
Managing Director: 

[End of section]

Appendix V: Comments from the Office of Government Ethics: 

November 1, 2004:

Mark L. Goldstein:
Director, Physical Infrastructure Issues: 
United States General Accountability Office:
Washington, DC 20548:

Dear Mr. Goldstein:

Thank you for giving us the opportunity to comment on the draft report 
of the General Accountability Office (GAO), entitled Federal Advisory 
Committees Follow Requirements But FCC Should Improve Its Process for 
Appointing Committee Members (GAO-05-36). The Office of Government 
Ethics (OGE) has reviewed the draft report and shares GAO's concerns 
about the appointment of certain members serving on advisory committees 
at the Federal Communications Commission (FCC). Moreover, we agree with 
the recommendations made in the report that the FCC should appoint 
advisory committee members as non-employee representatives only if the 
FCC can properly determine the outside group, entity, or other 
recognizable group of persons whose point of view those members are 
expected to represent on the committee.

As was mentioned in the draft report, OGE has taken actions and is 
currently addressing recommendations that were raised in an earlier GAO 
report (GAO-04-328) concerning the Government's management of Federal 
advisory committees. OGE recently issued some additional guidance to 
Government agencies concerning ethics issues involving the designation 
of advisory committee members. As you stated in your report, this 
guidance provides additional information to agencies about the 
distinction between special Government employees (SGEs) and 
representatives. In addition, this guidance includes a number of 
specific recommendations to agencies on how to improve their program 
management of ethics issues involving the designation of committee 
members.

Among the recommendations in that guidance, OGE advised agency ethics 
officials of the need to:

(1) ensure, if appropriate, that appointment letters or other committee 
documentation of appointment state clearly whether members are serving 
as SGEs or representative and that committee members are properly 
informed of their member status and of the application of ethics rules 
to them if they serve as SGEs; and:

(2) in cases where members are serving as representatives, recommend to 
committee management officials that committee members are informed 
about the group of persons that the respective member is expected to 
represent on the committee.

As GAO states in the draft report, the mere naming of an institution to 
be represented in a member's appointment letter does not always make 
clear the viewpoint that is to be represented by a particular committee 
member. This is especially true when the committee's member's employer 
is not part of the industry that is the subject matter of the 
committee's work.

OGE has and will continue to find ways of improving our guidance to our 
community of ethics officials who provide ethics support to advisory 
committees. We are paying particular attention to ethics issues 
involving the appointment of Federal advisory committee members in our 
ethics program reviews. In this way, we can make sure that ethics 
officials are appropriately engaged in determining the status of 
advisory committee members. Accordingly, we welcome the contributions 
GAO's draft report would make to improving the practices of advisory 
committees. The draft report underscores how important it is for 
agencies to have a process for determining and documenting member 
designations, and for informing representative members about the type 
of advice they are expected to be providing during advisory committee 
proceedings.

Sincerely,

Signed by: 

Marilyn L. Glynn: 
Acting Director: 

[End of section]

(543075): 

FOOTNOTES

[1] Pub. L. 92-463, codified at 5 U.S.C. app. 2.

[2] In reporting survey results in this report, we collapsed data 
together from some categories, such as "very satisfied" and 
"satisfied." The detailed survey questions and results can be found in 
appendix III. 

[3] We previously issued a report that examined the guidance provided 
by GSA and the Office of Government Ethics to all agencies that use 
federal advisory committees. The report includes a variety of 
recommendations regarding that guidance intended to help ensure that 
the committee member selection and designation process is fully 
transparent and appropriate. GAO, Federal Advisory Committees: 
Additional Guidance Could Help Agencies Better Ensure Independence and 
Balance, GAO-04-328 (Washington, D.C.: April 16, 2004).

[4] The President or head of an agency may determine that a meeting be 
closed if, for example, the meeting will include discussions of 
classified information, reviews of proprietary data submitted in 
support of federal grant applications, or deliberations involving 
considerations of personal privacy. 

[5] OMB took this action in response to Executive Order 12838, issued 
by the President in February 1993. The order directed agencies to 
reduce by, at least, one-third the number of discretionary advisory 
committees by the end of fiscal year 1993.

[6] Excluded groups include groups consisting entirely of federal 
government employees as well as groups created by the National Academy 
of Sciences, National Academy of Public Administration, the Central 
Intelligence Agency, and the Federal Reserve System.

[7] Pub. L. 104-4, codified at 2 U.S.C. § 1534(b).

[8] AT&T developed the North American Numbering Plan in 1947 to 
simplify and facilitate direct dialing of long-distance calls. 
Implementation of the plan began in 1951 with the use of a 10-digit 
telephone number format, consisting of a 3-digit numbering plan area 
code, commonly called an area code, followed by a 7-digit local number.

[9] As mentioned previously, only subcommittees that make 
recommendations directly to a federal agency must have meetings 
conducted in accordance with FACA's openness requirements.

[10] One commissioner did not respond to us on the issue of balanced 
membership.

[11] In our recent report on federal advisory committees, GAO-04-328, 
p. 53, we recommended that GSA provide guidance to agencies regarding 
steps that could be taken that might help to ensure that advisory 
committees have balanced membership. Such guidance is intended to help 
promote a consistent process for ensuring that all federal agencies 
take steps to ensure balanced membership on their advisory committees. 
At this time, it appears that consideration of balance was a major 
factor in determining committee membership for FCC's current federal 
advisory committees.

[12] Office of Government Ethics Memorandum to Heads of Departments and 
Agencies of the Executive Branch, July 9, 1982 (82 x 22), and 
Memorandum to Designated Agency Ethics Officials, General Counsels and 
Inspectors General, February 15, 2000 (00 x 1).

[13] See appendix II for the employment sectors of committee members 
who responded to our survey for each of FCC's advisory committees.

[14] Survey respondents were allowed to check that they provide either 
or both types of advice.

[15] GAO-04-328, p. 54.

[16] Office of Government Ethics Memorandum to Designated Agency Ethics 
Officials, July 19, 2004 (DO-04-022).

[17] For example, in reviewing the appointment letter for a committee 
member who is employed by a law firm, we found FCC only stated that the 
member is expected to represent the law firm--without saying what 
telecommunications viewpoints would be represented. Further, when we 
asked what specific telecommunications interest this member was 
representing, she said the clients of her law firm, but noted that at 
present time the firm was not representing any clients that were 
involved with the issues of her advisory committee.

[18] In June 2002, FCC's Chairman announced the formation of the 
Spectrum Policy Task Force to assist FCC in identifying and evaluating 
changes in spectrum policy to increase the public benefits derived from 
the use of radio spectrum.

[19] We contacted 10 trade and interest groups to determine if they had 
any issues or concerns with the operations or effectiveness of FCC's 
joint boards, joint conferences, and the Intergovernmental Advisory 
Committee. Only one of the trade group representatives expressed 
concern, stating that funding for one of the joint boards was 
inadequate.

[20] 47 U.S.C. § 0.91(g), 410(c).

[21] 47 U.S.C. § 0.91(g), 254.

[22] The Unfunded Mandates Reform Act of 1995 exempts such groups for 
the purpose of exchanging views, information, or advice relating to the 
management or implementation of federal programs. See guidelines issued 
by OMB on section 204(b) of the Unfunded Mandates Reform Act of 1995, 2 
U.S.C. 1534(b), OMB Memorandum M-95-20, dated September 21, 1995.

[23] Two state public service commissioners' staff and a representative 
from the National Association of Regulatory Utility Commissioners told 
us that travel funds are not always sufficient and have expressed 
concern that board activities are compromised from lack of funding.

[24] Pub. L. 34-416, codified at 47 U.S.C. § 410(b).

[25] The Intergovernmental Advisory Committee changed its name from the 
Local and State Government Advisory Committee in 2003 when FCC fine-
tuned the committee's membership to include more state and tribal 
government representation, fewer local government representatives, and 
more geographic diversity.

[26] As we previously noted, our recent report, GAO-04-328, recommended 
that GSA issue guidance stating that agencies should specify in the 
appointment letters to committee members whether they are appointed as 
special government employees or as representatives and, for those 
appointed as representative members, the entity or group that they are 
to represent should be noted in the letter. The recommendation we are 
making to FCC goes one step beyond that because we found that, despite 
FCC's statements in appointment letters that members are representing 
their employers, some of the stated entities did not have a clear 
telecommunications viewpoint. As such, the letter should make clear for 
these members what underlying viewpoint the member is expected to 
represent.

[27] GAO-04-328. 

[28] FCC's Advisory Committee on Diversity for Communications in the 
Digital Age reports directly to the FCC chairman, and consequently does 
not come under the jurisdiction of a bureau or office.

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