FCC Denies Request To Investigate NSA Wiretapping Program

WASHINGTON -(Dow Jones)- The Federal Communications Commission has refused a House lawmaker's request to investigate whether a federal warrantless wiretapping program violated telecommunications laws, saying such an investigation would "pose an unnecessary risk of damage to national security."

In a letter to Rep. Edward Markey, D-Mass., FCC Chairman Kevin J. Martin said that Director of National Intelligence J.M. McConnell had raised concerns about potential disclosures from a commission investigation into the program. Those concerns were relayed to Martin in an Oct. 2 letter from McConnell, in which the intelligence director said the agency had consistently asserted a "military and state secrets privilege" regarding the alleged National Security Agency program.

"Under these circumstances, and particularly where, as you note, the FCC has never before investigated intelligence activities...we support your determination not to initiate an investigation," McConnell wrote to Martin.

Markey said he was disappointed by the FCC's decision.

"I believe the agency could conduct its own examination of such reports in a way that safeguards national security," Markey said in a statement.

The federal government's warrantless wiretapping program has been a major source of contention between congressional Democrats and the Bush administration. News of the program, in which large telephone companies allowed the NSA access to customers' records without their knowledge, was first reported in May 2006.

Since then, Democrats have pushed the Bush administration on whether the program violates federal telecom and consumer protection and privacy laws. On Oct. 2, lawmakers on the House Commerce Committee - including Markey - launched their own investigation into the issue.

As part of that investigation, lawmakers sent letters to executives at AT&T, Qwest Communications International and Verizon Communications asking about the program.

Markey said in his statement that he had first asked Martin to launch an FCC investigation into the issue in May of 2006. Markey reiterated that request in a Sept. 12 letter.

Martin said that the FCC had asked the Department of Justice to offer its opinion on the matter in March of this year, but that Attorney General Alberto Gonzales had not responded. Following Markey's most recent request for an FCC investigation, the commission once again contacted Justice, which referred the request to McConnell.

-By Michael R. Crittenden, Dow Jones Newswires; 202-862-9273; michael.crittenden@dowjones.com

(END) Dow Jones Newswires

Posted to the site on 5th October 2007