"I'm a regulator, and Congress writes the rules; we don't," he said. "I think the only responsible policy result was the one we produced. It was the only one faithful to the congressional rules and to the courts. But if Congress has a change of heart or mind, that's their prerogative. In terms of the swirl, I don't personalize policy. This stuff is not part of my personal life. My kids are part of my personal life, not media-ownership rules. Mike Powell should be irrelevant. What's relevant should be what's the best public policy, and we did what we think should be best."
Even so, Powell isn't willing to stand mute on the sidelines. He's particularly galled by proposals to reverse all of the FCC's media-ownership rulings instead of only the one governing TV-station limits. "That is not sound policy, even if you believe in heavy regulation," he declared, adding, "The traction of something like this reveals how emotional and abstract this has become and how little the facts seem to matter." Yet even he acknowledges the political realities of the situation: "Policy-makers should wake up: The public is concerned about the big media. Our responsibility is to channel that concern into something constructive, and the commission is going to put itself back in the leadership position -- to look at those concerns and point them in a more positive direction rather than some of the mudslinging we've seen this summer."
Fred Harper
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Powell seemed much more comfortable, and much less defensive, when enthusing about various product advances he sees on the horizon, including broadband platforms using laser technology, which he describes as "the stuff of Buck Rogers." Part of his duty, in his opinion, is to not stand in the way of such gizmos making their way to a store in your neighborhood in the near future: "We have a high-tech vision, a relentless desire to empower new technology and new possibilities. We continue to fight to bring those new technologies to market, pursue rule-making that gives the biggest bang for the buck, and new policies consistent with where the world is going... You have to be aggressive in setting a long-term vision and direction. It's important to stick that flag in the ground and say 'This is where we want to go.'"
The problem is, not everyone feels Powell's way is the right way to reach this destination. He even sees the FCC itself as an obstacle at times. "Conflict is almost built in," he said. "You have five members, divided by political party by law. At best, it's a very cumbersome organizational structure for bold decisions to be made quickly. And what worries me more than speed is the ability to be mealymouthed. I've had people tell me that they've read a paragraph we've written and can't tell what it is they're supposed to do. Part of that is because five people negotiated over it." He sees the importance of "insulating the FCC from the politicization that goes on. We have a judiciary that's removed from that process, and while we're not a court, we should be something more akin to one than something that's a mini-legislature. We should make decisions that are credible, and not as a result of a senator yelling at you loudly enough to get you to make that decision."
A possible solution Powell floated is for the FCC to be made part of the administrative branch so that everyone would be working together without the nasty disagreements that have tested his patience so often. After listening to this notion, Gifford asked, "Had any dreams about a one-person FCC?"
Looking to the sky, a beatific expression on his face, Powell said, "It has occurred to me."
The audience laughed. But Powell may not have been joking.
