Ajit Pai announces FCC exit after blitz four-year deregulation campaign

Federal Communications Commission Chairman Ajit Pai today announced that he will be leaving the FCC on January 20, 2021, the day Joe Biden is inaugurated as chairman. In his four years as head of the FCC, Pai deregulated the broadband industry, eliminated net neutrality rules, and justified his deregulation agenda using flawed data and taking credit for deployments. broadband that was planned before becoming president.

Pai called the president “the honor of a lifetime.”

“I am grateful to President Trump for giving me the opportunity to lead the agency in 2017, to President Obama for appointing me Commissioner in 2012, and to Senate Majority Leader McConnell and Senate for having me. confirmed twice. Being the first Asian-American to chair the FCC has been a special privilege. As I often say: only in America, ”Pai said in her statement today.

In keeping with the tradition of presidents appointing commissioners from both parties, Obama appointed Pai in 2012 at the behest of Senate Republicans. When Democrats were in power, Pai fought against Obama-era FCC decisions to pass consumer protection rules such as net neutrality and broadband privacy regulations. When Trump became president and promoted Pai to president, he decided to overturn some of the biggest decisions made by his predecessor, Democrat Tom Wheeler.

Democrats will have a 2-1 majority in January

Pai’s departure from the FCC would give the Biden administration a 2-1 Democratic majority immediately after the new president is inaugurated. The FCC is currently 3-2 in favor of the Republicans, but Republican Michael O’Rielly leaves at the end of 2020 because Trump withdrew O’Rielly’s re-appointment. Trump’s choice to replace O’Rielly has not been confirmed by the Senate.

It’s likely that Biden and the Senate will strike a deal to add a Democrat and a Republican to fill the two empty committee seats sometime in 2021, ultimately giving the Democrats a 3-2 majority. But a Democratic-majority FCC could move on to restoring net neutrality rules and other regulatory matters with a three-member group consisting of Democrats Jessica Rosenworcel and Geoffrey Starks, and Republican Brendan Carr.

Rosenworcel, who has served as FCC Commissioner since 2012 and is widely respected by lawmakers and consumer advocates, could be promoted to FCC chairman by Biden on an interim or permanent basis. Starks has been a member of the FCC for less than two years and is not considered a top contender for the presidency. If Biden doesn’t want to nominate Rosenworcel or Starks as president, he could bring in a new Democrat for the role Obama played with Wheeler in 2013. A possible candidate for president is former Commissioner Mignon Clyburn, who has already been named to a Biden transition team that will review the FCC.

“Unfortunately, President Pai has been successful in much of his effort to advance the interests of large telecommunications, broadcasting and cable companies at the expense of smaller competitors and, in particular, the public,” said Benton Institute senior adviser. , Andrew Schwartzman, in a statement. . “We have less competition and higher prices because of these policies, some of which can still be overturned by the courts.”

Pai’s legal losses included one that rolled back his attempt to remove broadband subsidies from tribal residents and another that rolled back his attempt to kill environmental preservation reviews and historic preservation of 5G small cells. Although Pai’s repeal of net neutrality rules was upheld by the court, the judges overturned Pai’s related decision to pre-empt state-level net neutrality laws. Pai won a lawsuit allowing the FCC to anticipate local charges and regulations imposed on wireless carriers deploying 5G networks.

The repression of social media is probably dead

Biden’s election victory likely spelled the end of Trump’s plan to impose a crackdown on social media companies like Twitter and Facebook, which are trying to thwart Trump’s attempts to spread disinformation on their platforms. Weeks before the election, Pai announced a proposal to implement Trump’s request, which would limit legal protections for social media websites that block or modify content posted by users.

After the election, Congressional Democrats called on Pai to “immediately stop work on all partisan and controversial issues” during the presidential transition period. Pai did not immediately respond to that request, and in his statement today, Pai said nothing about policy plans for the remainder of his term. Pai also didn’t say anything about his post-FCC plans; he was a lawyer at Verizon from 2001 to 2003, then held several government positions before joining the FCC.

The Democrats’ next 2-1 majority was made possible by Trump’s decision to withdraw O’Rielly’s re-appointment, shortly after O’Rielly refused to back the social media crackdown. If Trump had not withdrawn the nomination, the Senate could have voted to give O’Rielly another term, blocking the FCC at 2-2 at the start of the Biden administration.

In his statement today, Pai said the FCC has “acted for the American people over the past four years: bridging the digital divide; promote innovation and competition, from 5G in the field to broadband from space; protect consumers; and advance public safety. And this FCC did not hesitate to make difficult choices. As a result, our nation’s communications networks are now faster, more powerful and more widely deployed than ever before. “O’Rielly issued a statement applauding Pai for deregulating the broadband industry and for movements that”[ed] up to more spectrum bands for commercial use, and expand[ed] broadband access to unserved Americans. “

Rosenworcel, who has consistently opposed Pai’s deregulation measures and criticized the FCC majority for not doing more to help Americans access broadband during the pandemic, today released a statement on the departure from Pai. “Although we don’t always agree on policy issues, I have always appreciated our shared commitment to public service,” said Rosenworcel. “It is a huge honor to serve the American people and I wish them the best in the future.”