February 2017

FCC's Pai Rescinds Lifeline Eligibilities

New Federal Communications Commission Chairman Ajit Pai revoked Lifeline service provision eligibility and accompanying streamlined treatment, citing a National Tribal Telecommunications Association petition to reverse the eligibility on some of the companies, and because it would "promote program integrity by providing the Bureau with additional time to consider measures that might be necessary to prevent further waste, fraud, and abuse in the Lifeline program."

Chairman Pai complained that the FCC under his predecessor, Tom Wheeler, had failed to sufficiently root out such abuse. Citing what it said were "shortcomings in the Bureau’s prior orders" and "procedural failings" including allegedly not informing tribal governments that they were seeking eligibility from the FCC, Acting Bureau Chief Kris Montieth said the bureau "cannot conclude at this time that LBP designations are in the public interest for any of the entities."

The message seemed to be that Pai administration would review such applications more thoroughly for potential abuses, but others saw it as a way to target a program Chairman Pai has criticized.

“Since 2010, the FCC has been consistently working to improve and modernize the Lifeline program. Vulnerable communities, such as our nation's veterans -- who make up 13 percent of Lifeline users -- and low-income students -- who need broadband to succeed at school -- were poised to benefit from the low-cost broadband services the Lifeline program can bring," said Amina Fazlullah, director of policy at the Benton Foundation. "These unexpected revocations will not only limit choices for Lifeline consumers, but also have a chilling effect on participation of other potential broadband providers of Lifeline service."

Trump’s blasts at judge raise questions for Gorsuch on independence

President Trump’s Twitter assault on the “so-called judge” who put a nationwide hold on the president’s executive order on immigration has motivated Democrats to challenge Trump’s choice for the Supreme Court, Judge Neil Gorsuch, on an important but elusive issue. Is Judge Gorsuch independent enough, they ask, to stand up to the president who picked him?

As the legal battle over Trump’s immigration directive shows, Gorsuch’s nomination lands at a time when the Supreme Court is likely to be called upon to review what Trump already has shown to be a broad reliance on executive power. It is difficult for appeals court judges such as Gorsuch to point to past decisions to demonstrate independence, and few are called upon to make definitive rulings on a president’s powers.

Statement Of FCC Chairman Ajit Pai Announcing Process Reform Measure to Benefit Fellow Commissioners

During the past few years, the Chairman’s Office often briefed the press or published a blog about matters to be voted upon at the FCC’s monthly meetings before sharing those matters with Commissioners. As a Commissioner, I thought that actions like these were inappropriate and disrespectful of other Commissioners. Now, as Chairman, I still hold that view. Accordingly, I pledge that during my tenure as Chairman, my office will share with every Commissioner’s office every item that will be considered at an open meeting before anyone in my office discusses the content of those items publicly or the FCC releases the text of those documents. That is what we did with respect to the meeting items for the February 2017 meeting, and that is what we will continue to do in the months to come.