Joint Statement of Commissioner Ajit Pai and Michael O'Rielly on the Abandonment of Consensus-Based Decision-Making at the FCC

Commissioner Pai: “The Chairman’s Office directed the Wireless Telecommunications Bureau to release today two major items. The first abdicates the annual responsibility Congress gave the Commission -- not the Bureau -- to make an assessment of the state of competition in the wireless industry. The second grants a T-Mobile petition that asked the Commission -- not the Bureau -- to regulate cellular data roaming rates by providing guidance on what the Commission meant in its 2011 data roaming order. FCC decisions issued on the Bureau level cut the Commissioners out of the decision-making process entirely. This is not how democracy works. And it’s not how the FCC in particular has ever worked.”

Commissioner O’Rielly: “In my time at the Commission so far, I have shown myself to be willing to vote quickly on items before me (although not everyone may always like how I cast my vote, especially if rushed). But on these and a number of other items, the full Commission has not been given any opportunity to consider and vote on -- quickly or otherwise -- the merits. I strongly object to the continued effort to delegate decision-making authority to the bureaus. I didn’t just go through the confirmation process in order to have bureaus and advisory committees make decisions that should be made by Commissioners. Both of these items should be brought before and debated by the Commission. These are not trivial items and, like all Commission decisions, would benefit from my colleagues’ input. I am especially concerned that today’s action will set precedent that will be used again and again.”