Sen Schatz: FCC Chairman Pai may have violated law in network neutrality rollout

Sen Brian Schatz (D-Hawaii) said the way that Federal Communications Chairman Ajit Pai introduced his plan to roll back network neutrality may have skirted the law.

“He sounded more like a political person taking a political position than someone who was going to really inquiry into the best path forward,” said Sen Schatz. “I think it is legally consequential.” Sen Schatz said the FCC chairman may have violated a “Notice of Proposed Rulemaking” (NPRM) statute by appearing to take a clear position on a proposal that hasn't even been considered. The statute states that the FCC must first consider public comment before taking a specific position on a policy. “They are supposed to receive public comment. They are supposed to establish a public record,” Sen Schatz said. “You would never have anybody in judiciary announcing their position, declaring that they will ‘win in the end,’ that ‘this is a fight and they intend to win it.’"

“It’s for others in the litigation space to figure out whether there’s something there or not. But the fact that he is announcing the outcome in advance seems contrary to the statute.”