Fresh off disappointing and controversial decisions to expand regulation of the Internet and preempt state laws on municipal broadband networks, Federal Communications Commissioner Tom Wheeler has announced several additions to his staff. With his new hires it appears, according to his website, he now has nine appointees under his employ.
Why is this notable?
Well, according to the law (47 U.S. Code § 154):
Without regard to the civil-service laws, but subject to chapter 51 and subchapter III of chapter 53 of title 5, each commissioner may appoint three professional assistants and a secretary, each of whom shall perform such duties as such commissioner shall direct. In addition, the chairman of the Commission may appoint, without regard to the civil-service laws, but subject to chapter 51 and subchapter III of chapter 53 of title 5, an administrative assistant who shall perform such duties as the chairman shall direct. (emphasis added)
The law pretty clearly states FCC commissioners can appoint three assistants and a secretary. The Chairman can hire an additional administrative assistant. So Wheeler should have no more than five appointees on his staff. (Keep in mind the difference between appointees and normal civil service employees – the former are not subject to the same complex set of federal rules governing the hiring process.)
How is it possible that Chairman Wheeler has nine appointees working for him? Is he abiding by the law? Or perhaps creatively interpreting it?
These are questions taxpayers and consumers – who ultimately bear the burden of the FCC’s various fees and charges – would like to have answered.