Readers know well that your blogger is not a big supporter of FCC 's "field modernization"/downsizing of spectrum enforcement staff. But this matter is now clearly res judicata as both the FCC commissioners, in a public meeting, and the relevant congressional committees have approved it.

But the very least that FCC could do for its long term field employees who are having their jobs eliminated is to treat them fairly with respect to vacancies in FCC that they could plausibly qualify for. Indeed, one might argue that FCC should go out of its way to accommodate displaced EB staffers in the hiring process by trying to save as many as possible and use their years of practical experience with telecom policy "outside the beltway" - but that would probably be expecting too much.

The job posting at the top of this item seems to indicate some hiring irregularities at FCC. While this is not unprecedented at FCC, it is especially grievous when dozens of long term loyal employees are about to be terminated.

A quick look at FCC's job posting page shows that vacancies normally have a 2 week open period. Now look at the GS-15 ($126,245.00 to $158,700.00 / Year) electrical engineer job given above. It is reasonable to assume that some of the displaced EB staffers have the proper qualifications for this position. Note that the open period is "Thursday, December 10, 2015 to Tuesday, December 15, 2015". I hear from a reliable source, but can not confirm, that this announcement was not visible on the hiring web page until Friday, December 11. Thus the actual one period was 3-4 work days, not the usual 2 weeks.

The notice the "who may apply section":

Displaced current or former career/career conditional competitive service employees in the Washington, DC commuting area who have received a specific RIF separation notice. Also, veterans who are preference eligibles or who have been separated from the armed forces under honorable conditions after having substantially completed 3 years or more of continuous active duty may also apply.

I originally took this to mean that EB field staffers displaced by "field modernization" were eligible and would be given some preference. However, multiple sources have now confirmed that no EB staffers "in the Washington, DC commuting area …have received a specific RIF separation notice" as of the open period here.

Mirage
It appears that the new posting is thus a cruel mirage for EB field staffers who are about to lose their jobs resulting rom "field modernization": it appears they might be given some preference, but in reality they are not eligible! While playing this trick on long term staffers it also appears that someone is trying to rig the job for a specific person who no doubt is a "veteran … who (has) been separated from the armed forces under honorable conditions after having substantially completed 3 years or more of continuous active duty" but may not necessarily be a current FCC employee.

As of today, there are 5 vacant announced positions at FCC.

Here is the ""Who may apply status" of each of today's FCC vacancies:

• Economics Research Assistant GS-7 "Current and former federal employees in the competitive service with reinstatement eligibility"
• Attorney Advisor GS-15 "FCC Employees"
• Program Analyst (Wireless Telecommunications) GS-12 "FCC Employees"
• Attorney Advisor (Field Counsel) GS-15 "All sources"
• Telecommunications Policy Analyst GS-15 "Displaced current or former career/career conditional competitive service employees in the Washington, DC commuting area who have received a specific RIF separation notice. Also, veterans who are preference eligible or who have been separated from the armed forces under honorable conditions after having substantially completed 3 years or more of continuous active duty may also apply."

Why are the position eligibilities above so widely varying?

Why is one legal position in DC restricted to only "FCC employees," while the other is open to any one?

Why does the Telecommunications Policy Analyst position have the same mirage condition as the engineer position at the top of the page that seems to restrict it in practice to veterans while the other one have nothing resembling this?


In this holiday season, I recall that 29 years ago I was called by the FCC HRM staff the last work day before the holiday and told to report to the HRM chief the first work day after the holiday. At that meeting I was handed the letter shown at left eliminating my position at FCC - probably in resulting from industry complaints over the controversial Docket 81-413 rulemaking that is the basis of today's Wi-Fi and Bluetooth. (No major corporation supported it and many strongly posed it.) I was theoretically entitled to take positions in FCC that I was qualified for.

It turns out FCC filled many such positions before the RIF letter was formally given to me and carefully made sure none were announced in the period immediately following. My lawyer documented these actions through a FOIA request and FCC management negotiated the compromise of my "exile" to the former Field Operations Bureau - predecessor of EB's field organization. During this exile, while ultimately lasted 6 years. The FOB staff was very welcoming and kind to me and together we developed several exotic spectrum enforcement techniques for catching satellite jammers and other criminal spectrum activity. I am grateful to my colleagues during this period and please to raise concerns about their possible mistreatment at this holiday season.

Tags: enforcement, FCC personnel policy