FCC Chairman Ajit Pai

On October 23, 2017, Federal Communications Commission Chairman Ajit Pai responded to multiple Members of Congress regarding First Amendment freedoms and the independence of the FCC. Numerous lawmakers, notably House Commerce Committee Ranking Member Frank Pallone, Jr. (D-NJ), Communications Subcommittee Ranking Member Michael Doyle (D-PA), and Rep Anna Eshoo (D-CA), had written to Chairman Pai over the influence of a radio network funded by the Russian government being used on U.S. airwaves to influence the 2016 presidential election.

May 11, the Federal Communications Commission received an exceptionally important contribution to the debate over restoring Internet freedom. Nineteen non-profit, government-owned Internet service providers expressed their support for my proposal to end utility-style regulation of Internet service providers based on Title II.... The fact that ISPs lacking any profit motive agree that eliminating Title II regulation will benefit consumers and promote innovation and investment is a powerful endorsement of reversing the FCC’s 2015 Title II Order.

Today’s action by the Ninth Circuit is a big win for American consumers. Now that the court’s prior decision is no longer effective, it will be easier for the Federal Trade Commission to protect consumers’ online privacy. The court’s action also strengthens the case for the Federal Communications Commission to reverse its 2015 Title II Order and restore the FTC’s jurisdiction over broadband providers’ privacy and data security practices. Indeed, it moves us one step closer to having the consistent and comprehensive framework for digital privacy that the American people deserve.

In my first 100 days, the Federal Communications Commission adopted 49 items. To put that number in perspective, during the prior two permanent Chairmen’s first 100 days, the Commission adopted 25 and 34 items...I thought it would be helpful this morning to highlight some of the actions we’ve taken and explain how they fit into a broader strategic vision. That vision includes five important goals: closing the digital divide, modernizing our rules, promoting innovation, protecting consumers and public safety, and improving the agency’s operations.

Introduced by Sen Shelley Moore Capito (R-WV), the Gigabit Opportunity (GO) Act is an important step toward closing the digital divide, and one that has my full support. Next-generation networks are increasingly critical to economic opportunity, job creation, and civic engagement. But too many parts of rural and urban America can’t attract the investment needed to deploy those networks. With targeted tax incentives and regulatory streamlining, the GO Act aims to remove the major barriers holding back Internet access in economically challenged areas.

I commend Sen Capito for her vision of extending digital opportunity to all Americans. The Federal Communications Commission shares that vision and stands ready to provide any necessary assistance to Congress as it considers this critical legislation.

Federal Communications Commission Chairman Ajit Pai issued the following statement on the decision by the US Court of Appeals for the District of
Columbia Circuit not to rehear the Title II case en banc:

“In light of the fact that the Commission on May 18 will begin the process of repealing the FCC’s Title II regulations, it is not surprising, as Judges Srinivasan and Tatel pointed out, that the DC Circuit would decide not to grant the petitions for rehearing en banc. Their opinion is important going forward, however, because it makes clear that the FCC has the authority to classify broadband Internet access service as an information service, as I have proposed to do. I also agree with many of the points made by Judges Brown and Kavanaugh in their compelling opinions explaining why the Commission’s Title II Order was unlawful."

Federal Communications Commission Chairman Ajit Pai announced that he has appointed Brian Hart as Director of the FCC’s Office of Media Relations. With Hart’s appointment, Acting Director Mark Wigfield will return to his role as deputy director.

Hart most recently served as communications director for Senator Roy Blunt (R-MO). Prior to his work for Sen Blunt, Hart worked for then-Senators Sam Brownback of Kansas and Judd Gregg of New Hampshire. Hart has also worked on policy and media relations in the private sector for Hill and Knowlton Strategies, Ketchum Public Relations, H&R Block, and the Southeastern Conference.

Earlier today, I shared with my fellow Commissioners a proposal to reverse the mistake of Title II and return to the light-touch regulatory framework that served our nation so well during the Clinton Administration, the Bush Administration, and the first six years of the Obama Administration. The document that we will be voting on at the FCC’s May meeting is called a Notice of Proposed Rulemaking. If it is adopted, the FCC will seek public input on this proposal. In other words, this will be the beginning of the discussion, not the end. Now, some have called on the FCC to reverse Title II immediately, through what is known as a Declaratory Ruling. But I don’t believe that is the right path forward. This decision should be made through an open and transparent process in which every American can share his or her views.

So what are the basic elements of this Notice of Proposed Rulemaking?
First, we are proposing to return the classification of broadband service from a Title II telecommunications service to a Title I information service—that is, light-touch regulation drawn from the Clinton Administration. As I mentioned earlier, this Title I classification was expressly upheld by the Supreme Court in 2005, and it’s more consistent with the facts and the law.
Second, we are proposing to eliminate the so-called Internet conduct standard. This 2015 rule gives the FCC a roving mandate to micromanage the Internet.
Third, we are seeking comment on how we should approach the so-called bright-line rules adopted in 2015.

The biggest reason I’m bullish about [broadcasting] is that broadcasting’s strengths—its values—are timeless. I’m talking about localism, diversity, and public service. I’ll work aggressively to modernize the Federal Communications Commission’s rules, cut unnecessary red tape, and give broadcasters more flexibility to serve their audiences.

[A]t the FCC’s next public meeting on May 18, we will vote on a proposal to start a comprehensive review of the FCC’s media regulations. This morning, I circulated the Public Notice to my fellow Commissioners that would kick off this review. We’ll also explore whether certain rules should be modified to provide regulatory relief to small businesses. And to be clear, while our broadcast regulations will be a critical subject of this proceeding, we will also review rules pertaining to cable and direct broadcast satellite.

As members of the Broadband Deployment Advisory Committee, your mission is to give the Federal Communications Commission recommendations on ways to spur broadband deployment and reduce barriers to investment. One important part of this work, which I previewed last fall, is to develop model codes for state and municipal governments that want to encourage deployment and competitive entry in their jurisdictions. In fact, the BDAC is being asked to develop two model codes—one for municipalities and another for states. In developing each, the goal should be guidelines that are forward-looking and fair, and that balance legitimate interests of state and local governments with the ever-growing demands of the American public for better, faster, and cheaper broadband. I look forward to seeing how you approach this challenge.

The BDAC will also be asked to make recommendations on how to promote competitive access to broadband infrastructure, including utility poles. Another key issue is speeding up broadband deployment on Federal lands. The BDAC has a lot of work ahead of it. But I’m certain that this distinguished group is more than up to the task. And in the coming weeks, I expect to appoint more qualified nominees to round out the working groups, lending further support to the cause.