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November 6, 2008 1:01 PM PST

Obama appoints lobbyist to head FCC transition, reports say

by Chris Soghoian
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So much for change.

Telecom policy circles are a buzz with the news of Barack Obama's pick to head the Federal Communications Commission transition team. Obama is reported to have chosen lawyer and DC insider Henry Rivera, a former Democratic FCC commissioner, lobbyist, and currently a partner at communications law firm Wiley Rein.

Henry Rivera

(Credit: Wiley Rein LLP)

Rivera is not currently registered as a lobbyist, but according to the Center for Responsive Politics, he lobbied for the Catholic Television Network in 2001. In his capacity as a lawyer, he has represented major wireless carriers, a local exchange carrier, and a major airline in FCC-related matters.

Rivera's law firm is also the former home of Kevin Martin, the current FCC chairman, and is arguably one of the schmooziest lobbyist telecom legal firms in Washington. It employs several former FCC commissioners as well as a significant number of former FCC employees. Of course, Rivera and the other lawyers at Wiley Rein are not the only people at the FCC to leave government for high-paying lobbyist gigs--the practice is widespread.

According to the Center for Responsive Politics, more than 100 former FCC employees have also worked in the private sector. At least 50 percent of them have lobbied on issues related to telecom, communications, and broadcast at some point in their careers. In fact, the FCC is the agency with the third-highest number of employees who have shuffled between the public and private interests focused on the federal government, behind only the White House and the House of Representatives.

This is not to say that Rivera is a bad guy. Art Brodsky, the communications director at public interest group Public Knowledge, described him as "one of the best FCC commissioners ever." However, the selection does seem to suggest that Obama's pick to replace Martin as current FCC chairman will likely be another Washington insider. For public interest groups and technology firms hoping for pro-consumer rules on spectrum and broadband policy, this choice of someone so chummy with the established telecom interests could be bad news.

Christopher Soghoian delves into the areas of security, privacy, technology policy and cyber-law. He is a student fellow at Harvard University's Berkman Center for Internet and Society , and is a PhD candidate at Indiana University's School of Informatics. His academic work and contact information can be found by visiting www.dubfire.net/chris/. He is a member of the CNET Blog Network, and is not an employee of CNET. Disclosure.
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by Pishkado November 6, 2008 4:51 PM PST
This post could have just as easily been titled "Obama appoints 'one of the best FCC commissioners ever' to head FCC transition, reports say." That would have been at least as accurate, if not more so, as zeroing in on one minor aspect of what Rivera has been doing since the Democrats lost power in the administration - but where would the fun be in that? Oh, well. I suppose anyone who posts something is entitled to spin it. At least the fact that he did a decent job last time around was in the post, even if it was buried at the bottom and put in an unnecessarily negative context. It's just that I like a tad more objectivity with my information.

(In case anyone has forgotten about Michael Brown and Katrina, etc., etc. - competence in what they're appointed to do is a nice thing for government appointees to have. If picking someone who's been in Washington for a while is what it takes to get that, give me a Washington background over a horse-breeder association background every time.)
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by danxy November 6, 2008 9:33 PM PST
Come on! Represented the Catholic TV network for a year. Big wow. Represented wireless phone companies--more serious but not like he's a bad guy. Would you appoint an ignoramus? I think you need to dig deeper for the article to be worth the headline.
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by Cybertelecm November 7, 2008 7:04 AM PST
Rivera is a great choice! He was a great commissioner with foresight. I think I first met him when he had left the FCC and was representing METRICOM, basically an early attempt at wide area WiFi networks.

It might be nice Christopher if you actually knew something about a person before you start railing against them. Rivera is absolutely an excellent choice.
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by andersos55 November 7, 2008 1:14 PM PST
Not only are you hyperbolic in your criticism, you didn't even accurately relate the facts of the article you linked to as a source - no appointment has been made. Respect yourself as a member of the media: Be accurate. Be thoughtful. This doesn't pass muster.
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by rmaro2--2008 November 25, 2008 8:21 AM PST
I hope that President Elect Obama realizes that we need more then fairness at the FCC. Why should we hire some attorney who has defended the RBOC'S and aligned himself with them. Can he actually be fair and not look for future business by granting them favors? For too long these companies has had a grip that is ever so powerful on the FCC and the PUC'S. Only the strong survive and trust me these BOC'S are so strong and will not allow fair or level competition to exist. Look at the case's that are still awaiting a decision at the FCC! Some are as old as twelve ( 12 ) years and it is clear the Bells and their entire coalition were in the wrong. But friends and money have stayed them from obeying the rules. In the interim rural areas and mlow income families have suffered from the enforcement of the 1996 Tel-Com act.
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by GeoffreyMortonHaworth January 24, 2009 4:18 AM PST
President Obama needs to remember that "you can't not communicate". Thus his silence on Gaza was perceived as thunderous.
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About Surveillance State

Christopher Soghoian delves into the areas of security, privacy, technology policy and cyber-law. He is a student fellow at Harvard University's Berkman Center for Internet and Society, and is a PhD candidate at Indiana University's School of Informatics. His academic work and contact information can be found by visiting www.dubfire.net/chris/. He is a member of the CNET Blog Network and is not an employee of CNET. Disclosure.

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