Getting regulators on the same issues page as yours is often an easier-said-than-done process that requires all of the diplomacy and shrewd communications savvy your lobbying expertise can muster. But keeping a cool head (especially in times of regulatory adversity) and sticking to the core goals and messages of your initiatives will allow you to positively influence the regulatory process.
Forging a cooperative relationship with regulatory agencies - whether federal or local - requires doing extensive homework on who the key decision makers are, what their hot buttons might be and whether there are competing or varying views within the regulatory agency.
"Find out who's got the real juice and relay your facts accurately and aggressively," says Richard Mintz, who worked as the director of public affairs for the Department of Transportation for two years (1993-1995) before joining Burson-Marsteller as managing director of its Washington, D.C.-based public affairs practice. Trade magazines and public speeches by key regulators are envaluable resources for learning the corporate cultures of regulatory agencies.
In doing your homework, also be mindful of the key publications your regulatory audiences read and make sure that your company or client has relayed the core issues without fudging the facts. There's no better way of getting on the wrong side of a regulator than feeding the media a misleading story.
Networking with Regulators
The best regulatory relationships are formed outside the "hot, controversial issues of the day" context, according to Michael Opalinsky, director of environmental affairs for Seminole Electric Cooperative, a bulk supplier of electricity to 11 cooperatives based in Tampa, Fla. Sixty percent of Opalinsky's department time (5 staffers) is spent working with the U.S. Environmental Protection Agency (EPA) and the Florida Department of Energy on tracking regulatory issues and providing technical updates to regulators. Most of Seminole's regulatory efforts are targeted to state-level regulators, officials and policy makers.
Opalinsky's department strategy is to maintain consistent contact with attorneys, commissioners, planners and other regulatory key decision makers with a steady stream of information that "makes them [regulators] look smarter on pressing issues."
The information ranges from calling with technical updates and giving them a heads-up on pivotal media topics before they are contacted by reporters to firing off technical fact sheets that provide bullet-point summaries on issues and deadlines for decisions. "We aren't out there to look better than the regulators we work with. We have to work in harmony with them," said Opalinsky.
Taking a Stand
But state-level relationships with regulators are often the hardest to cultivate, as Terry Phillips, public affairs director for Omnipoint (Cedar Knolls, N.J.) can attest. As the fourth largest personal communications services license holder in the country, Omnipoint's wireless technology relies on the muscle of the Federal Communications Commission's Telecommunications Act of 1996 to build and expand its network throughout the East Coast. In urban markets like New York and Philadelphia, providing service to these communities isn't as riddled with regulatory conflict and red tape as the more rural markets on the East Coast, where the politics of local bureaucrats are more of an issue.
Last summer when Omnipoint attempted to provide service to rural Montville, N.J., it went through the city's department of transportation (DOT) and initially got its green light to develop. But when Montville's DOT failed to make the community aware of Omnipoint's plans, the community became offended by DOT's oversight. As a defensive measure, DOT accused Omnipoint of building without the proper permits and decided to block its service. "The political thing to do would have been to apologize to the community, meet with the mayor and make nice [with DOT]. Instead we went straight to the media and made the community aware of how state officials had reneged on the deal (highlighting ulterior political motives in an election year,)" said Phillips.
Although using the media as a defensive measure against state officials goes against all of the public affairs rules, being overly politically correct goes against Omnipoint's core philosophy of standing up and defending its contractual rights.
Phillips concedes that such a position can be risky and requires using a plan B strategy, which in Montville meant building on municipal property as opposed to commercial property controlled by the DOT. (Richard Mintz, 202/530-4555; Terry Phillips, 973/257-2533; Seminole Electric Cooperative, 813/963-0994)
At a Glance: Federal Agency Contacts
Department of Agriculture, ( http://www.usda.gov) Secretary of Agriculture Daniel Glickman - 202/720-363; Specialized departments: Agriculture - 202/720-2791; Fraud-Waste Reports - 202/690-1622; Freedom of Information - 202/720-8164; News Features - 202/488-8358
Bureau of the Census, Director Martha Farnsworth Riche - 301/457-2135; Specialized departments: Age Search - 812/285-5314; Agriculture Information - 800/523-3215; Congressional Affairs - 301/457-2123; Data Centers - 301/457-1305
Department of Defense ( http://www.ftp.arpa.mil), Secretary of Defense William Cohen - 703/695-5261; Specialized departments: Army News Desk - 703/697-5131; Defense News Division - 703/695-0192; Fraud-Waste Reports - 703/693-5080
Joint Chiefs of Staff, Chairman Gen. Henry H. Shelton - 703/697-9121
Army Chief of Staff Gen. Dennis J. Reimer - 703/695-2077
Chief of Naval Operations Adm. Jay L. Johnson - 703/695-5664
Air Force Chief of Staff Gen. Michael Ryan - 703/697-9225
Department of Education ( http://www.ed.gov), Secretary of Education Leslie Thomas - 202/401-3000; Specialized departments: Freedom of Information - 202/708-9263; Privacy Act Inquiries - 202/708-9265; Statistical Information - 800/424-1616
Department of Housing and Urban Development, Secretary of HUD Sylvia Garcia - 202/708-0417; Specialized departments: Freedom of Information - 202/708-3054; Procurement - 202/708-1290; Privacy Act - 202/708-2374
Department of Justice, Attorney General Janet Reno - 202/514-200; Specialized departments: Drug Enforcement - 202/307-1000; Freedom of Information - 202/514-4251
Department of Transportation ( http://www.dot.gov), Secretary of Transportation Rodney Slater - 202/366-1111; Specialized departments: Contracts, Procurement - 202/366-4953; Freedom of Information - 202/366-4542
Food and Drug Administration, Lead Deputy Commissioner Michael Freidman - 301/827-3310; Specialized departments: Legislative Affairs - 301/443-3793; Freedom of Information - 301/443-6310
Federal Communications Commission, Chair Reed Hundt - 202/418-1000; Specialized departments: Information Technology Center - 202/418-2020; Communications Business Opportunities - 202/418-0443; Legislative and Intergovernmental Affairs - 202/418-1900
Source: 1998 Winter Federal Staff Directory