House Democrats, Republicans to Offer Dueling Assessments of Pai FCC
A Thursday House Communications Subcommittee hearing is expected to feature partisan dueling assessments of the FCC's performance under Chairman Ajit Pai, capping off subcommittee Democrats’ often-rancorous relationship with commission Republicans this Congress (see 1901160031). Communications Democrats said the hearing will focus on FCC “lost opportunities” during President Donald Trump’s administration, including actions they say widened the digital divide (see 2009100066). The hearing begins at 10 a.m.
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House Communications Chairman Mike Doyle, D-Pa., told us he hopes to highlight “just about everything” the FCC bungled during Pai’s chairmanship. Vice Chair Doris Matsui, D-Calif., noted the hearing will likely be the last time the subpanel can bring Pai in to testify as chairman if he leaves at the beginning of either a second Trump term or a Biden administration.
Democratic aides and observers cited a laundry list of issues Doyle and others want to address. Most believe the primary focus will be on broadband policymaking given the amplified role connectivity has taken amid the pandemic. The FCC’s pandemic response is listed first in a House Commerce Committee memo. The document highlights the FCC’s role in getting most major U.S. ISPs to participate in the Keep Americans Connected pledge, other “temporary actions to help ease the demand on broadband networks" and suspension of rules “to help consumers stay connected.” It also faults the FCC for resisting “calls from Congress and outside groups to use its authority to expand the Lifeline and E-rate programs.”
Related broadband issues will also likely get attention, including concerns about FCC implementation of the Broadband Deployment Accuracy and Technological Availability Act broadband mapping law (S-1822), lobbyists said. Some lawmakers will likely press the FCC on its plans for the upcoming Rural Digital Opportunity Fund Phase I reverse auction and voice concerns about plans for revamping Lifeline, lobbyists said. Others will likely want to revisit the commission's repeal of its 2015 net neutrality rules.
Other issues will also likely get attention, including the FCC’s approval of Ligado’s L-band plan and its consideration of NTIA’s petition for regulations defining the scope of Communications Decency Act Section 230 (see 2007270070), lobbyists said. Some Democrats will likely criticize the FCC granting a 30-day extension of a priority window for tribes to apply for 2.5 GHz licenses (see 2007310027), which ended Sept. 2. Doyle and House Commerce Committee Chairman Frank Pallone, D-N.J., pressed for 150 more days (see 2008200044).
Lobbyists are skeptical panel members of either party will draw much attention to Trump’s decision to revoke Mike O’Rielly’s renomination, though the commissioner’s reluctance to publicly back the Trump-sought Section 230 petition is considered the main reason for the yank-back (see 2008040061). O’Rielly doesn’t have the same ardent backing from House Republicans that he has from John Thune, R-S.D., and other Senate GOP leaders, lobbyists said.
Testimony
O’Rielly references the nomination reversal in written testimony, acknowledging it's “likely the last time I will testify before Congress as a sitting member of the Commission” (see 2009160043). The White House on Wednesday formally nominated NTIA Senior Adviser Nathan Simington (see 2009160064).
O’Rielly warns the “future pipeline” of additional spectrum the FCC can auction for commercial use “is nearly bare, and the complexities of clearing spectrum are only growing.” He backs sharing on the 6 GHz band, the impending auction of the 3.7-4.2 GHz C band and other proceedings “because there was and remains a dire need to reallocate inefficiently used frequencies to more functional wireless purposes, including 5G. This includes pushing federal departments and agencies to be more efficient, regardless of their recalcitrance.”
Written testimony from Pai and Commissioner Brendan Carr doesn’t reference NTIA’s Section 230 petition or O’Rielly’s impending departure.
Pai trumpets what he views as the policy successes, particularly the commission’s pandemic response. He again says Congress should allocate at least $430 million more for the COVID-19 Telehealth Program to supplement the $200 million given (see 2008240054): “Committing these funds will support continued essential telehealth needs.”
Commissioner Jessica Rosenworcel wants “100% of us connected to” broadband, “just like with electricity,” she says. “We need to extend communications opportunity broadly. Our efforts to date won’t cut it. Just extending the policies from the past that got us to where we are now is not good enough. We need to think bigger.”
Commissioner Geoffrey Starks faults the FCC’s response, saying the “long-standing digital divide has evolved into a monstrous COVID-19 divide. To respond to this crisis, we must do more.” The FCC should “enter into formal agreements with agencies that administer services like [the Supplemental Nutrition Assistance Program] and Medicaid that determine eligibility for Lifeline to ensure low-income communities learn about this critical program,” he says. “Provide the necessary support to allow low-income consumers to receive unlimited voice and data during this public health crisis.” He says the FCC should “take a fresh look at the E-Rate program” rules in response to the pandemic to give schools and libraries more flexibility to offer at-home broadband connections for students and patrons.