House Communications Subcommittee Oversight Hearing of FCC

The House Communications Subcommittee held a long-delayed Federal Communications Commission oversight hearing July 25. Notably, FCC Chairman Ajit Pai stood by the FCC's decision to designate the Sinclair-Tribune deal for hearing. Full House Commerce Committee Ranking Member Frank Pallone (D-NJ) took the lead in pressing Chairman Pai on President Donald Trump's tweet criticizing the FCC for not approving the Sinclair-Tribune deal and his suggestion there was a need for a conservative voice like Sinclair's. Rep Pallone quoted the President's July 24 tweet and asked each member whether they agreed with it. Chairman Pai said he stood by his decision, saying he would look at the facts, apply the law, and decide based on what was in the public interest; Commissioner Michael O'Rielly said he could not answer since the issue had been referred to the FCC judge; Commissioner Brendan Carr said the hearing designation order had laid out the fact and law as applied, and Commissioner Jessica Rosenworcel said she did not agree with the tweet. Rep Pallone asked Chairman Pai if the FCC would conduct an investigation into issues of candor and misrepresentation cited in the hearing designation order, either now or when Sinclair TV station licenses come up for renewal. Chairman Pai said on the advice of the FCC's general counsel that he could not answer since such an investigation was inextricably linked with the hearing issues.

Chairman Pai received some criticism from Democratic Reps over his vigorous defense of rolling back network neutrality regulations, the critics of which (which included members of the committee) Chairman Pai had branded in his opening testimony as "Chicken Littles'" faced with a sky that had not fallen. House Communications Subcommittee Ranking Member Mike Doyle (D-PA) bristled at the "Chicken Little" characterization and fired off his criticisms in what he called a "very, very overdue hearing". He said the FCC has been favoring corporate interests over those of the people. Ranking Member Doyle also said the FCC had gutted the Lifeline subsidies, deregulated broadcasters to the detriment of the public, including weakened Kid-Vid rules, and said the FCC was putting the convenience of carriers over the safety needs of the public in its transition from copper to fiber. Full Commerce Committee Chairman Greg Walden (R-OR) used his opening statement to praise the work of the FCC, and decried the threats and harassment Chairman Pai had received over his net neutrality position. 

Chairman Pai also said the FCC inspector general is close to releasing his findings on the alleged dedicated denial of service (DDoS) attack on the FCC's network neutrality comment docket. Sounding a bit "Trumpian," Chairman Pai said the IG is doing a "fantastic" job and to "stay tuned" for results shortly. Commissioenr Rosenworcel saw it quite differently. She said she did not think the FCC had been sufficiently cooperative with the various investigations, including one by New York state, and said that was a problem.