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March 2017

Senate Commerce Committee Democrats Demand Answers From FCC Chairman Pai

Democrats on the Senate Commerce Committee pressed Federal Communications Commission Chairman Ajit Pai to answer pointed questions about his views on the news media and ability to be an independent regulator over the industry. The letter, led by ranking member Bill Nelson (D-FL) and signed by the panel’s 13 Democrats, comes in the wake of Pai’s refusal to answer questions from Sens. Tom Udall (D-NM) and Maggie Hassan (D-NH) during the panel’s FCC oversight hearing. Pai’s recent renomination to another 5-year term by the president is now pending before the Commerce Committee. The senators wrote:

We ask you to respond directly, fully, and individually to the questions below, which will inform our ongoing consideration of your renomination for an additional five-year term on the FCC.

  1. Do you believe the media is the “enemy” of the American people?
  2. Can you assure us that you will exercise your authority as chairman of the FCC to regulate the media in an impartial manner?
  3. Will you commit to us that the FCC will not act in a manner that violates the First Amendment and stifles or penalizes free speech by electronic media, directly or indirectly, even if requested by the administration?
  4. Did you commit to the administration, as a condition for your elevation or renomination as chairman of the FCC, to take any action against a specific media entity or generally against broadcast entities, cable network owners or other media outlets?
  5. Will you commit to us that you will exercise your authority as chairman of the FCC in a manner that fully respects the absolute independence of the agency from the executive branch?
  6. Finally, will you commit to inform us and the public of any attempt by the White House or by any executive branch official to influence your decision-making or direct you to take or not take any action with respect to media interests within your jurisdiction, including the license renewal applications for broadcasters (whether or not such contacts fall under the ex parte rules or other legal or ethical rules applicable to the FCC)?

Please provide your responses no later than 5 p.m. on Friday, March 17, 2017.

Net Neutrality Lite? The FCC May Reduce, Not Repeal, Open Internet Order

Many in the media are already writing the epitaph for net neutrality in the Trump era. And it’s true that with every new press release and statement out of the Federal Communications Commission (and they’re coming fast and furious) it’s become pretty clear that new chairman Ajit Pai is aligning the agency with Donald Trump’s business-friendly and less consumer-friendly agenda. But six weeks into the new administration, it seems less and less likely that Chairman Pai has it in mind to completely kill the network neutrality principles.

Apparently, Chairman Pai is more likely to scale back the effects of the order, rather than pushing the commission to withdraw it or asking Congress to pass legislation that overrides it, two commission insiders who insisted on anonymity told Fast Company. Chairman Pai may “soften” the order by allowing broadband carriers some kinds of web traffic prioritization or throttling under clearly defined conditions, one source said. For example, if a broadband customer is paying for 100 megabit-per-second broadband service, the provider might be allowed to prioritize some kinds of bandwidth-sensitive traffic (like video) in order to meet the speed promise. There are other ways to “lighten” Wheeler’s order. Regulatory agencies like the FCC can write new rules, and they can decide how vigorously to enforce existing ones. The FCC under Chairman Pai might do a little of both.

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