Book Review:  FCC Lobbying: A Handbook of Insider Tips and Practical Advice, Erwin G. Krasnow, David R. Siddall, and Michael D. Berg, Washington: Telecommunications Reports International, 2001, 225 pages

Sterling, Christopher H.

English

Indiana University Bloomington Maurer School of Law

Federal Communications LawJournalVolume 54 | Issue 2 Article 83-2002Working the SystemChristopher H. SterlingGeorge Washington UniversityFollow this and additional works at: http://www.repository.law.indiana.edu/fcljPart of the Communications Law Commons, and the Legislation CommonsThis Book Review is brought to you for free and open access by the LawSchool Journals at Digital Repository @ Maurer Law. It has been acceptedfor inclusion in Federal Communications Law Journal by an authorizedadministrator of Digital Repository @ Maurer Law. For more information,please contact wattn@indiana.edu.Recommended CitationSterling, Christopher H. (2002) "Working the System," Federal Communications Law Journal: Vol. 54: Iss. 2, Article 8.Available at: http://www.repository.law.indiana.edu/fclj/vol54/iss2/8STERLING-MAC5.DOC 02/09/02 5:02 PM387BOOK REVIEWWorking the SystemFCC Lobbying: A Handbook of Insider Tips and Practical Advice, ErwinG. Krasnow, David R. Siddall, and Michael D. Berg, Washington:Telecommunications Reports International, 2001, 225 pages.Christopher H. Sterling*This handbook is exactly what the well-heeled lobbyist—or would-belobbyist—needs. Three experienced Washington communicationsattorneys, with input from a number of other individuals,  have pooled theirbackgrounds and insights to create a desk-top guide to working the FCCsystem, or, as they might prefer to say, making the system work. Asimmediate past FCC chairman Bill Kennard says in his brief foreword,“you need this book,” and he goes on to note that even he “learned a thingor two” from it, despite a career as a practicing attorney before becoming aregulator.Admittedly the world of Washington can be a morass, especially forthe noninitiated. Even those of us who live and work here can lose track ofthe roads that lead to the information we need, if only because those roadskeep being rerouted. For example, agencies change their document release(or Web posting) process, rules concerning who can talk to whom aremodified, people shift jobs, and computer systems designed to make thingsbetter often make them much worse. In addition, there is always the timefactor; there is seemingly never enough time to get the information oneneeds, or to communicate views that must reach policymakers.                                                       * Christopher Sterling completed his Ph.D. in communication at the University of Wisconsinin 1969. He is currently a professor of media and public affairs and director of the graduatetelecommunications program at George Washington University in Washington, D.C.STERLING-MAC5.DOC 02/09/02  5:02 PM388 FEDERAL COMMUNICATIONS LAW JOURNAL [Vol. 54All of the aforementioned factors led these seasoned attorneys toassemble the advice in this book. Also motivating the authors were threemore trends: the continuing pace of technological change; the dramaticshifts wrought by the 1996 Telecommunications Act; and the trend towardsbusiness consolidation. To these, we might now add the uncertainty of aneconomy in recession after the events of September 11, 2001. Thoughpublished well before those terrible events, it is interesting that the authorssought to create an information oasis of sorts; “a source of sustenance inwhat can be a harsh landscape.”This book kicks off by offering the reader a lobbying strategy—whatthis means and how to develop one. Right away one sees the value of thisguide in its clear organization of checklists, which seem to be designed forbusy readers. First, we learn why an overarching strategy is important. Theauthors then explain how to most efficiently assess the regulatory ground,how to develop a plan of action, and whether or not it might be a good ideato join a coalition of others (many helpful “do’s” and “don’ts” make forrapid scanning of the key points). This first chapter also explains how toidentify the key decision makers and to whom one should send filings. Alsoincluded is a useful chart of how the FCC process works. This book issimply invaluable, and becomes even more so the further one gets fromWashington.After setting forth basic lobbying tactics, the authors move on toprovide tactics for making meetings with the FCC work. Included are tipson setting the meetings up and how to navigate the building (which soundspretty basic, but tell that to your Reviewer who once was briefly trapped ina turned-off elevator at the FCC late on a Friday afternoon, and had visionsof spending a weekend in suspension). This section also details how toorganize arguments, how to plan and make the actual presentation, who isthe best person to present, and how to draft “leave behind” material. One ofthe handiest parts of this chapter warns readers about the “best” ways toturn off FCC commissioners and staff. Since this can involve things that arenot always obvious, such advice alone may be worth the price of the book.The handbook then moves on to detail the FCC’s rules of the road,including how to avoid the whole ex parte problem, “sunshine” lawrequirements and restrictions, gift and entertainment restrictions, andlobbying disclosure requirements. The “advice” given concerning theserules is the firmest and most serious in the book, as even an inadvertentviolation of these sometimes draconian regulations can derail even the best-prepared position statement or presentation (I remember a time during myown FCC tenure two decades ago when the FCC Inspector General wasprowling the building’s stairways during an especially controversialSTERLING-MAC5.DOC 02/09/02  5:02 PMNumber 2] WORKING THE SYSTEM 389proceeding, in an effort to make sure someone who wasn’t supposed to bearound had not penetrated the area). Fortunately, things generally do notget quite that tense.Understanding the FCC decision-making process is the subject of theproceeding chapter. This part provides useful information concerningprocedural rules, who the principle players are and how to deal withtransitions between administrations, and five myths about FCC decisionmaking. Most of these pages, like those in other chapters, highlight keypoints in bold-faced paragraphs in the margin, allowing for a quick scan ofthe nuggets to be quarried here.The next chapter offers a close look at lobbying bureau and officestaff members, including how the Commission is organized. Also set forthhere are tips from staff members on what works and what doesn’t, and howto effectively use the Internet as a lobbying tool. The material in thissection is vital and incredibly helpful. After all, the commissioners do notwork in a vacuum and staff members write the actual notices and decisions.The final chapter of the handbook focuses on post-decision litigationand press strategy, areas that have become more prominent over the years.Post-decision action may involve appeals court, congressional oversight, orlegislative intervention. This overview is followed by a few final wordsfrom the authors summing up what, historically, has lead to the currentstate of affairs.Appendices include details about the FCC’s extensive Web site. Thisonline resource offers addresses of other useful Web sites, first-time visitorguidelines, samples of different kinds of lobbying materials, and a quickguide to FCC decisions and procedures.All of this information comes in a paperback that is not inexpensive,but if this kind of work is central to what you do or what you need to know,the cost is reasonable given the material and the caliber of the writers.Obviously, much of this material will be useful to those representingtelecommunications clients like broadcasters, cable system owners,wireless and wireline carriers, and satellite companies. Further, theguidance offered here is of a nature to benefit most kinds of present andforeseeable services.This handbook appears to be the first practical guide to FCC lobbyingto be published in a very long time. Bill Kennard’s statement concerningthis publication cannot be overemphasized: “you need this book.”STERLING-MAC5.DOC 02/09/02  5:02 PM390 FEDERAL COMMUNICATIONS LAW JOURNAL [Vol. 54

Working the System

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Indiana University Bloomington Maurer School of Law