A. A Commitment to Independent Research
The FCC has failed of late to commission, support, and use truly independent research. Over the last several years, this tendency has eroded both the intellectual credibility and legal validity of the agency’s rules. To address this failing, the FCC must commit to seeking out relevant sources of data and engaging in data-driven analysis as well as ending its habit of relying on single points of data that, in many cases, it avoids sharing for analysis and criticism. In so doing, the FCC should re-establish the tradition of an empowered Chief Economist and Chief Technologist, both of whom should be essential parts of an Office of Strategic Planning and Policy Analysis (OSPPA) that develops published working papers to inspire constructive discussions and farsighted analysis. In recent years, both positions have been filled only sporadically and very few OSPPA working papers have been published. Worse yet, the ethic of honest intellectual engagement is treated as a foreign concept, with a widespread belief that employees who “express an opinion, even if based on fact” are subject to being “demoted, reassigned, or hounded out of the agency.”[142]
To begin on a positive note, it merits appreciation that two of the FCC’s signature achievements over the last forty years emerged from independent research commissioned from outside of the agency. First, consider the case of the Computer I decision,[143] where the FCC sought to protect competition in the data processing industry and keep it free of regulation. To develop its rules in that case, the FCC contracted with the Stanford Research Institute to analyze the comments and develop a proposal for the agency’s regulatory strategy. Similarly, in the case of the Part 68 rules,[144] which facilitated competition in the equipment market and ended the almost decade-long effort by AT&T to avoid the letter and spirit of the Carterphone decision,[145] the FCC contracted with the National Academy of Sciences to define the relevant interface to the public switched telephone network for terminal equipment. In both cases, the FCC’s regulations were upheld by the courts and were a huge success in practice.
The Computer I decision is a remarkable FCC decision and an important guide to policymakers for a number of reasons. First, the agency examined in that case an issue in a pro-active fashion and sought independent analysis to guide its judgment. Second, the decision reflected a commitment to considering the interests of the innovator who is not before the Commission in a particular proceeding. (The same praise is owed to the FCC’s extension of the Part 15 rules to authorize the use of spread spectrum, ultimately leading to the development of wi-fi technology.[146]) Finally, the FCC engaged in ongoing reassessment of the effects of the decision, ultimately revising it as the agency evaluated the relevant economic issue and technological changes.[147]
Over the last several years, the FCC has encountered increasing judicial hostility and criticism for its management of research related to its decisions. Consider, for example, the FCC’s Broadband over Powerline decision.[148] That ruling sought to move to an after-the-fact model of spectrum management, thereby evaluating interference between different users in practice rather than in theory. This effort to generate more real world data emerged from a flawed FCC decision-making process whereby the agency failed to make public the initial spectrum measurements that informed its judgment that this change in regulatory strategy was appropriate. Consequently, the D.C. Circuit reversed the FCC’s decision, underscoring that the Administrative Procedure Act requires that agencies make public “the ‘technical studies and data’ upon which the agency relies” to establish binding regulations.[149] In so doing, the D.C. Circuit revealed some of its impatience with the FCC’s operating practices, noting that “[i]t would appear to be a fairly obvious proposition that studies upon which an agency relies in promulgating a rule must be made available during the rulemaking in order to afford interested persons meaningful notice and an opportunity for comment[]”[150] and that “the Commission can point to no authority allowing it to rely on the [unpublished] studies in a rulemaking but hide from the public parts of the studies that may contain contrary evidence, inconvenient qualifications, or relevant explanations of the methodology employed.”[151]
The last two media ownership proceedings revealed a similar missed opportunity to generate, evaluate, and utilize thoughtful research. In the 2003 effort to evaluate the optimal regulatory strategy for restricting media ownership, the FCC sought to develop a “Diversity Index” to structure its regulation of the broadcast industry.[152] When the agency adopted its rules, it failed to provide parties a sufficient opportunity to scrutinize and provide feedback about the scope and nature of the Diversity Index. Consequently, the Third Circuit reversed the FCC in Prometheus Radio Project v. FCC,[153] highlighting that:
As the Diversity Index’s numerous flaws make apparent, the Commission’s decision to withhold it from public scrutiny was not without prejudice. As the Commission reconsiders its Cross-Media Limits on remand, it is advisable that any new “metric” for measuring diversity and competition in a market be made subject to public notice and comment before it is incorporated into a final rule.[154]
The FCC’s latest media ownership rulemaking (discussed above) did not heed this counsel and essentially repeated the mistake made in its earlier proceeding. In particular, the agency not only did not endeavor to rest its decision on more supportable grounds, it actually ignored the research that the agency itself was developing. As Mark Cooper described the most recent proceeding:
In its haste, the new research agenda devoted little attention to defining and operationalizing the goals of the Communications Act. This tunnel vision ignored efforts by the FCC to understand its policy goals in the period after the court remanded its new media ownership rules. The new agenda led to results-driven research projects. Simply put, the Commission started from the result it wanted and worked backwards.[155]
[142] Deception and Distrust, supra note __, at 21.
[143] Regulatory and Policy Problems Presented by the Interdependence of Computer and Communication Services and Facilities, Final Decision & Order, 28 F.C.C.2d 267 (1971).
[144] 47 C.F.R. § 68
[145] Use of the Carterfone Device in Message Toll Telephone Service, Decision, 13 F.C.C.2d 420 (1968).
[146] Thomas W. Hazlett, A Rejoinder to Weiser and Hatfield on Spectrum Rights, 15 Geo. Mason L. Rev. 1031, 1038 (2008).
[147] See Joseph Farrell & Philip J. Weiser, Modularity, Vertical Integration, and Open Access Policies: Towards a Convergence of Antitrust and Regulation in the Internet Age, 17 Harv. J.L. & Tech. 85, 129-33 (2003).
[148] BPL Order, 19 FCC Rcd. 21,265.
[149] American Radio Relay League, Inc. v. FCC, 524 F.3d 227, 236 (D.C. Cir. 2008).
[150] Id. at 237.
[151] Id. at 239.
[152] 2002 Biennial Regulatory Review - Review of the Commission’s Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, Report & Order & Notice of Proposed Rulemaking, 18 FCC Rcd. 13,620 (2003).
[153] 373 F.3d 372, 384 (3d Cir. 2004).
[154] Id. at 412.
[155] Mark Cooper, Junk Science and Administrative Abuse in the Effort of the FCC to Eliminate Limits on Media Concentration 5-6 (2008) (unpublished paper presented at the annual meeting of the International Communication Association, available at http://www.allacademic.com/meta/p_mla_apa_research_citation/2/3/3/1/1/p233118_index.html).
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BEFORE YOU TAKE THAT NEXT
BEFORE YOU TAKE THAT NEXT DRINK OF ALCOHOL:
1) POSTPONE THE DRINK. You have undoubtedly had character defects such as procrastination, sloth, laziness, denial and fear. So, USE THEM right now in a constructive way by postponing that drink. You know you can hold off for 10 minutes, an hour, or even more. And, while you are delaying the destroyer, take the remedies listed below:
2) STAY AWAY FROM ALCOHOL. If you are in a bar or a place where liquor is available to you, go somewhere else where there is no booze for a while, at least.
3) PRAY. Ask God to keep alcohol from entering your body and to remove the obsession to drink. This action can and should be done repeatedly while you are following the rest of this survival plan.
4) CALL SOBER PEOPLE. Tell them that you want to take a drink. Give your sponsor a chance to relieve the insanity of taking a drink. Or, call anybody who can help, even Central Office (818) 988-3001. In anticipation of finding a lifeguard, hopefully you have been collecting phone numbers and saving phone lists from meetings. If you are in a strange town, Alcoholics Anonymous is usually listed in the white pages of the phone book.
5) GO TO AN A.A. PLACE. Head for a meeting or an A.A. gathering place, such as a clubhouse, a sober living house, or an after-meeting hangout. Sometimes a church or a parish will help.
6) READ A.A. LITERATURE. Try the Big Book (Alcoholics Anonymous) chapter 2, the 12&12, pamphlets or other material.
7) VISIT SOBER.ORG. Download and read step guides. Visit sobriety chat rooms. Go to Google.Com and search on “stay sober” (107K hits), “sobriety” (97.5K hits), or “sober” (344K hits), for example.
8) WRITE A GRATITUDE LIST. We get so hung up on what we don’t have or want to get rid of, we fail to “count our blessings”, which we have in abundance.
9) WRITE A HARMS PREDICTION. If you drink, who is going to get hurt? Besides yourself, how about your family, your work, and those who depend upon or respect you?
10) WRITE A “REWARDS” FROM RELAPSE LIST. If you are or might be alcoholic, you have reasons to not drink alcohol. If you are gripped by the desire to drink, put the burden of proof on that drink. What is it going to do for you that is worthwhile? How long will that benefit last? How much are those desired moments of ease and comfort worth? Are you really ready to throw away your sobriety for a drink?
11) DO AN ANONYMOUS KINDNESS.
12) [your sponsor’s custom action]
All of the diversions above can be done within a short time of having a serious thought about drinking alcohol. On the reverse side are some things to do that will take a little longer, but they will reduce and eventually eliminate the desire to drink.
SOME LONGER TERM ACTIONS TO PREVENT RELAPSE:
a. LEARN TO PRAY AND MEDITATE. Pray a minimum of three times each day, upon awakening, upon retiring, and before eating. Ask others how they pray. Experiment. Ask your Higher Power how you should pray. Become a student of meditation techniques. Practice the one(s) that work for you.
b. TAKE THE TWELVE STEPS. Make the 12 steps an integral part of your life. Take steps 10, 11 and 12 every day. Take steps 1 through 9 in order. Try to be well into step nine for your first sober birthday.
c. LEARN TO TAKE DIRECTION. You got yourself into your drinking pickle. Doing your very best on your own will probably not get yourself out of it and into a quality sober life. Pick a person to take you through the steps and follow their suggestions.
d. ENJOY THE FELLOWSHIP OF A.A. We have lots of fun in A.A. Introduce yourself to the winners who are making it. Join up with them before and after meetings.
e. FULFILL A.A. COMMITMENTS. Get to meetings early. Leave late. Take on obligations to do something for A.A., such as bring supplies, setting up/cleaning up the meeting place, making coffee, taking care of literature, greeting at the door, introducing yourself to newcomers, etc.
f. STUDY THE BIG BOOK, ALCOHOLICS ANONYMOUS. Weekly membership in a Big Book Study or a Step Study is essential.
g. SPONSOR SOMEBODY. Get out of your own problems and into those of somebody else. Develop a deep understanding of the A.A. message by carrying it.
h. GET A JOB. Sometimes we have too much idle time on our hands. The truly sober alcoholic is not a burden upon others.
i. VISIT THE SICK. An alcoholism ward in a public hospital will show you where you might wind up.
j. PRACTICE THESE PRINCIPLES IN ALL YOUR AFFAIRS. Your family, friends, employer, neighbors and all those you meet should be better off because of you.
k. [custom actions]
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“The other day, I attended my
“The other day, I attended my AA home chapter’s weekly “commitment,” or service project, to a local hospital detox unit. It reminded me of my time at Hazelden where the first 24 hours are spent in a monitored detox area where the nurses would check on you every 6 hours.
My sponsor said it would show me how lucky I was to have an intact family, a home, a car and a career. He was right. One guy was on his 19th detox and was still struggling over whether we was truly an alcoholic. Little did he know that only a true alcoholic’s denial is that strong.
I got to share a little bit of my story, and just focused on the fact that I’m at a crossroads. I can choose the “good” path down the road of sobriety. Of health and happiness — and challenge. Or I can go down the “bad” path. Of drinking, darkness, loss and misery. Only alcoholics actually debate which path to take as to take the dark path would be certifiably insane.
Step 3: We came to believe that a Power greater than us could restore us to sanity.
One day at a time…”
~Dick
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For exactly how long, nobody can say. Some members handle this kind of A.A. activity beautifully soon after getting sober, especially if they are accompanied by an experienced member. But others need a longer time before getting into institutions work. If you have all the other qualifications, it may not be very important how many A.A. anniversaries you have had. Ask some longer-sober members about it.
This, of course, is the chief, and unique, qualification we have. You do not need to have been hospitalized yourself to twelfth-step someone in a treatment facility. No more than you need a prison record to carry the message into a correctional institution.
What is important to share is the pain we once felt and the joy in recovery we now feel.
Our Fellowship of amateurs firmly resists getting organized, as A.A.s know. We do not want A.A. rules or bosses.
But professional treatment facilities have to be well organized to do their job and to meet various legal requirements. Their personnel often have to be professionally trained if the agency is to be properly licensed. Staff members must be highly disciplined to take orders. They do not take their duties lightly, nor do they appreciate jokes at their expense.
Alcoholism is a grave illness. Our A.A. message of hope, experience, and strength is not to be treated lightly either. We just cannot take ourselves too seriously, or get pompous, or bossy.
An ex-drunk who gives a cup of coffee to a newcomer hardly deserves a medal of honor. After all, we do it primarily for ourselves, don’t we?
If prestige, acclaim, praise, and applause are what we need, this kind of twelfth-stepping is probably not going to satisfy us very much. If we like to hear ourselves described as great sponsors, working with alcoholics in any kind of treatment facility will very rarely offer such reward.
We simply put the message in front of the alcoholic in treatment. What the alcoholic does with it is not our legitimate business. He or she may flush it away, or ignore it, or use it well in recovery. The alcoholic needs to be free to choose without our getting vain if the message is used, or angry or discouraged if it is ignored.
This sort of twelfth-stepping will not be very satisfactory to anyone who needs to be a boss. In treatment facilities, one’s personal will is submitted to other authority in at least two ways.
First, the ultimate authority for this A.A. work is, of course, the group conscience of all A.A.s. Sometimes, for the good of A.A. and for the good of those we are trying to help, we as individuals have to do things differently from the way we might ourselves like.
Second, the professional treatment facility is in charge of its patients or clients and is responsible for them. If A.A. members do not conform in every way to the rules and regulations of the facility, it has a perfect right to keep A.A. members out.
So, carrying the message into such places calls for patience and self-discipline.
Once an A.A. commitment is made to any non-A.A. institution or organization, we cannot let our Fellowship down by not living up to the agreement fully. We go to any lengths to perform faithfully the services promised in the name of A.A. We try to be completely reliable, never letting weather, a bad mood, some personal event, or anything else interfere with keeping our word. (We almost never let such things interfere with our drinking, did we?)
What people think of A.A. depends on us. If we are reliable, then A.A. seems so. If we are not, it makes A.A. look bad.
In the same way, a good-natured friendliness is helpful. A.A.s who cheerfully fulfill commitments without grumbling give our Fellowship a good reputation. Angry, gloomy, bossy, or fanatical A.A. members are not so welcome.
Since A.A.’s public relations policy is based on attraction, not promotion, that leaves it up to us to make the A.A. way of life look attractive.
Members who have been to meetings in only one or two A.A. groups in one community do not have a broad acquaintance with our Fellowship.
To be the best possible message-carrier, it helps to know all the local groups and lots of different members, of many sorts. Familiarity with many approaches to the A.A. program increases our usefulness to newcomers.
In addition, a thorough knowledge of A.A. literature helps. It would be good to know what A.A. material would be helpful to a potential member who may be very different from you.
A cramped, narrow view of A.A. is a severe handicap. The deeper and broader our understanding of all aspects of our Fellowship (including all three of our legacies: Recovery, Unity, and Service), the more we have to offer the troubled newcomer.
Carrying the message to alcoholics in treatment facilities can challenge our ability to keep focused on A.A.’s primary purpose.
We are not in the business of educating non-alcoholics about alcoholism, religion, or medicine, or anything else. We carry our own personal message to patients in a treatment facility, not the professional staff. We have no business criticizing any professional agency or person, or telling them how to treat or not to treat alcoholics. Those are not A.A. purposes.
Our nonprofessional status is a valuable asset -our standing as simply amateurs who volunteer our services. We do not claim to be experts. We are just recovering alcoholics. We do not have to get into deep scientific or philosophical debates.
We have had the personal experience of alcoholism, which we now share, along with what we have learned about recovery. Our suffering and the recovery we now enjoy can give valuable hope to other still-suffering alcoholics. More than that -giving it away freely, without any thought of reward, strengthens our own sobriety.
With Permission: AA in Treatment Facilities, pg 10-13 Alcoholics Anonymous World Services, Inc.
Other Suggestions 1- Arrive on time, parking in designated areas. 2- Dress appropriately. 3- Refrain from using obscene or inflammatory language. 4- Be polite and respectful. 5- Remember that you represent A. A. and not other Fellowships, introduce yourself accordingly. 6- We share, in a general way, what we used to be like, what happened and what we are like now. 7- We present our experience, strength and hope, not our opinions or social commentary 8- If possible, hang around after the meeting to talk with anyone that wishes to speak with you.
The last two media ownership
The last two media ownership proceedings revealed a similar missed opportunity to generate, evaluate, and utilize thoughtful research. In the 2003 effort to evaluate the optimal regulatory strategy for restricting media ownership, the FCC sought to develop a “Diversity Index” to structure its regulation of the broadcast industry.[152] When the agency adopted its rules, it failed to provide parties a sufficient opportunity to scrutinize and provide feedback about the scope and nature of the Diversity Index. Consequently, the Third Circuit reversed the FCC in Prometheus Radio Project v. FCC,[153] highlighting that:
As the Diversity Index’s numerous flaws make apparent, the Commission’s decision to withhold it from public scrutiny was not without prejudice. As the Commission reconsiders its Cross-Media Limits on remand, it is advisable that any new “metric” for measuring diversity and competition in a market be made subject to public notice and comment before it is incorporated into a final rule.[154]The FCC’s latest media ownership rulemaking (discussed above) did not heed this counsel and essentially repeated the mistake made in its earlier proceeding. In particular, the agency not only did not endeavor to rest its decision on more supportable grounds, it actually ignored the research that the agency itself was developing. As Mark Cooper described the most recent proceeding:
In its haste, the new research agenda devoted little attention to defining and operationalizing the goals of the Communications Act. This tunnel vision ignored efforts by the FCC to understand its policy goals in the period after the court remanded its new media ownership rules. The new agenda led to results-driven research projects. Simply put, the Commission started from the result it wanted and worked backwards.[155]The FCC has failed of late to
The FCC has failed of late to commission, support, and use truly independent research. Over the last several years, this tendency has eroded both the intellectual credibility and legal validity of the agency’s rules. To address this failing, the FCC must commit to seeking out relevant sources of data and engaging in data-driven analysis as well as ending its habit of relying on single points of data that, in many cases, it avoids sharing for analysis and criticism. In so doing, the FCC should re-establish the tradition of an empowered Chief Economist and Chief Technologist, both of whom should be essential parts of an Office of Strategic Planning and Policy Analysis (OSPPA) that develops published working papers to inspire constructive discussions and farsighted analysis. In recent years, both positions have been filled only sporadically and very few OSPPA working papers have been published. Worse yet, the ethic of honest intellectual engagement is treated as a foreign concept, with a widespread belief that employees who “express an opinion, even if based on fact” are subject to being “demoted, reassigned, or hounded out of the agency.”[142]
To begin on a positive note, it merits appreciation that two of the FCC’s signature achievements over the last forty years emerged from independent research commissioned from outside of the agency. First, consider the case of the Computer I decision,[143] where the FCC sought to protect competition in the data processing industry and keep it free of regulation. To develop its rules in that case, the FCC contracted with the Stanford Research Institute to analyze the comments and develop a proposal for the agency’s regulatory strategy. Similarly, in the case of the Part 68 rules,[144] which facilitated competition in the equipment market and ended the almost decade-long effort by AT&T to avoid the letter and spirit of the Carterphone decision,[145] the FCC contracted with the National Academy of Sciences to define the relevant interface to the public switched telephone network for terminal equipment. In both cases, the FCC’s regulations were upheld by the courts and were a huge success in practice.
Over the last several years,
Over the last several years, the FCC has encountered increasing judicial hostility and criticism for its management of research related to its decisions. Consider, for example, the FCC’s Broadband over Powerline decision.[148] That ruling sought to move to an after-the-fact model of spectrum management, thereby evaluating interference between different users in practice rather than in theory. This effort to generate more real world data emerged from a flawed FCC decision-making process whereby the agency failed to make public the initial spectrum measurements that informed its judgment that this change in regulatory strategy was appropriate. Consequently, the D.C. Circuit reversed the FCC’s decision, underscoring that the Administrative Procedure Act requires that agencies make public “the ‘technical studies and data’ upon which the agency relies” to establish binding regulations.[149] In so doing, the D.C. Circuit revealed some of its impatience with the FCC’s operating practices, noting that “[i]t would appear to be a fairly obvious proposition that studies upon which an agency relies in promulgating a rule must be made available during the rulemaking in order to afford interested persons meaningful notice and an opportunity for comment[]”[150] and that “the Commission can point to no authority allowing it to rely on the [unpublished] studies in a rulemaking but hide from the public parts of the studies that may contain contrary evidence, inconvenient qualifications, or relevant explanations of the methodology employed.”[151]
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