FCC Commissioner Mignon Clyburn

Debunking Chairman Pai's Claims about Net Neutrality Prepared by the Office of FCC Commissioner Clyburn

As an unwavering champion of network neutrality, FCC Commissioner Mignon Clyburn believes in setting the record straight. Chairman Pai made a number of claims and predictions in his dissent from the FCC’s 2015 Open Internet Order.

The FCC Should Not Give Broadband Providers the Keys to Your Internet Freedom

My fellow FCC Commissioners would benefit from hosting their own public forums and listening to the concerns raised by consumers and small businesses. Doing so would allow them to hear first-hand on what it means to access the internet without fear that their broadband provider will slow down or block their favorite online applications and services. My colleagues would benefit from hearing concerns about broadband providers’ poor service, surprise price hikes, and inadequate customer support, so, why won’t they?

Remarks of Commissioner Mignon L. Clyburn, Connect South Carolina Community Technology Action Plan Event

The FCC’s latest efforts to quote “reform” the Lifeline Program, will actually decrease the availability of service less for those who stand to benefit the most. As you well know, connecting the unconnected is no easy task. Costs of just a couple dollars a month can be insurmountable for families that struggle to put food on the table each day. But what the FCC majority proposed to do earlier this month, is to take away no-cost service offerings, and eliminate the business model of 70% of providers in the current market

Commissioner Clyburn Fact Sheet on Net Neutrality

Is it true that Chairman Pai’s proposal would eliminate Net Neutrality? Yes. It eliminates all prohibitions against blocking and throttling (slowing down) applications by broadband providers, and enables them to engage in paid prioritization and unreasonable discrimination at the point of interconnection. It ignores thousands of consumer complaints and millions of individual comments that ask the FCC to save net neutrality and uphold the principles that all traffic should be created equal. 

Statement of FCC Commissioner Mignon L. Clyburn on the Pre-Holiday News Dump

In just two days, many of us will join friends and family in celebrating the spirit of Thanksgiving.

Statement of Commissioner Mignon Clyburn: FCC Majority's Assault on Pro-Consumer Policies Continues

Nov 16, the Federal Communications Commission majority will continue down its destructive path of adopting a series of actions that fail to put consumers first. They will make it more difficult for low-income Americans to access affordable communications services; they will adopt a so-called ‘voluntary’ television standard that has even more outstanding and unanswered questions than the February Notice of Proposed Rulemaking; they will shred consumer and competition protections in times of technology transitions; and they will open the door to massive media consolidation at the expense of l

Remarks of Commissioner Clyburn at Broadband Deployment Advisory Committee

Simply put, if you truly believe in the transformative power of broadband, as a tool of digital and economic empowerment, your focus cannot begin and end, with infrastructure. If you believe in universal access to 911, if you believe in education, or healthcare, or civic  engagement, if you believe that all of those national purposes are advanced by ensuring all Americans are connected, then you cannot ignore the affordability side of the equation.

Remarks of Commissioner Clyburn at "Internet Freedom Now: The Future of Civil Rights Depends on Net Neutrality"

We are weeks away, from broadband providers being given the green light, to freely engage in paid prioritization, blocking, throttling, or unreasonable discrimination at interconnection points. We are weeks away from the probability, of an entirely new and even wider divide – of those that can afford to pay for priority access, and others that cannot.

Remarks of Commissioner Mignon Clyburn, California Women's Conference

The Federal Communications Commission’s most recent report on media ownership, released May 10, revealed that women own just 8.6 percent of the 11,919 broadcast stations in this country. Across the board, deregulation and other actions since the Act was passed, have led to increased media consolidation and fewer opportunities. The result: women and minority media ownership remain at shockingly low levels. Despite the disheartening statistics I have already shared, many are still advocating to eliminate the few rules that remain in place that currently prevent the concentration of station ownership into the hands of a few large media conglomerates...and this effort is on a fast track of becoming a reality...

I believe there are concrete actions that the FCC can take to promote a more diverse media landscape. My office recently released an action plan known as #Solutions2020, where we outlined several steps designed to enhance digital inclusion and encourage more opportunities for women and underrepresented entrepreneurs.

FCC Commissioner Mignon Clyburn’s Remarks at Public Forum on Access and Affordability

Why is it that some of the largest communications providers in this country consistently rank among the lowest in consumer satisfaction? Could it possibly have anything to do with a lack of robust competition? Did you know that when it comes to broadband access at home, just 20 percent of Americans have a choice of two providers or more? Without real competition, are companies really incentivized to improve customer service, service quality, or pricing? And did you know that fewer than 40 percent of families regularly stay in touch with their incarcerated loved ones and one-third of families go bankrupt because of unjust and unreasonable phone rates? And while we are making progress when it comes to providing faster broadband service, including gigabit speeds in some communities, if it costs $80 or more a month for service, is broadband truly within reach?

Much of our focus has been on what is lacking in rural communities, but there are problems right here in LA and over in the Cleveland, Ohio area. I mention Cleveland because a recent study concluded that a major broadband provider had “systematically discriminated against lower-income neighborhoods, in its deployment of home Internet and video technologies, over the past decade.” So what that finding makes increasingly clear, is that the broadband availability and affordability gaps are not just in our rural towns and non-urban communities. Those gaps are wide, wherever there is an absence of rich people.

FCC Commissioner Clyburn and FTC Commsissioner McSweeny Joint Statement on Open Internet

Federal Communications Commission Chairman Pai released a plan that, if implemented, will hand over control of the open internet to the powerful gatekeepers of our connections to the modern world. Despite the Chairman’s description of the proposal as a way to reduce onerous regulation, stimulate investment, and protect consumer privacy, the proposal would do otherwise. If adopted, Chairman Pai’s proposal will harm competition and innovation and will leave consumers without any real protection or oversight by either the Federal Trade Commission or FCC for broadband services.

The FCC’s majority would have you believe they are supporters of a free and open internet. Make no mistake, this proposal is net neutrality in name only...We believe Americans will see the Chairman’s proposal for what it is: a gift to behemoth incumbent broadband providers at the expense of innovators and consumers. This is not putting #ConsumersFirst. As Commissioners of the FCC and FTC, we stand united in our fight to protect consumers and ensure that the 2015 Open Internet rules remain in place for decades to come.

Commissioner Clyburn Remarks at the Media Solutions Summit

In addition to the work needed on independent programming, we continue to fail miserably as a nation when it comes to the state of minority and women ownership in the broadcast space. The good news is that there is quantifiable data showing that a tax certificate program, can be a successful tool to combating the problem. During its 17 years of existence, the Federal Communications Commission’s Tax Certificate Program, successfully helped to bring numerous diverse entrepreneurs into the broadcast industry. Earlier in April, Rep GK Butterfield (D-NC) introduced the Expanding Broadcast Ownership Opportunities Act, legislation which would reinstate a tax certificate program and establish a pilot incubator program. I strongly support the goals of this bill and look forward to working with Rep Butterfield and other interested Members of Congress on legislation to improve the state of broadcast ownership diversity.

Finally, I am pleased to share that FCC Chairman Ajit Pai has announced his intent to charter the Advisory Committee on Diversity and Digital Empowerment.

Remarks of FCC Commissioner Mignon Clyburn, Broadband Deployment Advisory Committee Kickoff

Whether you are discussing how to address the thorny issues of access to poles, ducts, or conduit, I ask that you think about the impact your decisions will have on consumers. And when you are debating franchising model codes, I ask you to think about the impact the contours of that code will have on consumers in the franchise area. In particular, I ask that you keep the following three points in mind:
First, never overlook the effects of your policy recommendations on ensuring low-income communities are not relegated to a second-class broadband future.
Second, make sure that the broadband services you recommend for deployment, are affordable.
Third, remember that one person’s regulatory barrier, is another’s vital consumer protection, and that one person’s intransigent municipality, is another’s carefullyconsidered protector of local interests.

Commissioner Clyburn Statement on Transparency in the Business Data Services Proceeding

In less than two weeks, the Federal Communications Commission is scheduled to vote on an item that will have serious ramifications for the $45 billion market for business data services. An integral piece of this proposed Order is a test to determine which counties will be deemed competitive, and thus deregulated.

Chairman Pai has been a champion of transparency. It is puzzling, then, why he will release the text of the item, but omit a key appendix listing which counties are deemed competitive, until the Order is released. We have the information. It will become public when the Order is released. So why is it that the FCC has taken the position that it will vote on an Order before the public gets to see exactly what the Order does? Just what are we trying to hide? The FCC should release this list immediately. This is the only way the public can truly evaluate the practical effects of the FCC’s proposed actions. If for some reason, that is unknown to me at this time, we cannot release this list expeditiously, we should delay our vote on the proposed Order until the public can see it ‘well in advance’ of a FCC vote.

Statement of Commissioner Mignon Clyburn on Introduction of Legislation to Enhance Broadcast Ownership Diversity

Rep GK Butterfield (D-NC) has hit the nail on the head when it comes to proposing solutions for a more inclusive media landscape. I heartily support and applaud his introduction of the Expanding Broadcast Ownership Opportunities Act (HR 1883). Reinstating a tax certificate program and establishing a pilot incubator program are two of the proposals our office outlined in the recently released #Solutions2020 Call to Action Plan. Transforming the dismal reality of the present ownership landscape, into a future that offers abundant opportunities for women and minorities will not be an easy task. Rep Butterfield’s legislation is an important step towards greater broadcast ownership diversity and I look forward to working with him and all interested Members of Congress in pursuit of this shared goal.

The commissioners of the FTC and FCC are worried about your online privacy

[Commentary] With so much going on in Washington, the American people may not be up to date with the Congressional Review Act — an obscure tool Congress has been using to rescind policies that were put in place by the previous administration. Most recently, the House and Senate voted to undo rules designed to protect the privacy of American consumers when they sign up for and use broadband Internet service. This would leave Internet users worse off, but there’s still time for President Trump to veto the legislation.

What people may not realize, moreover, is that if the legislation approved by Congress becomes law, there will be no privacy rules governing broadband providers. The FCC no longer will be able to protect consumer privacy and, because of arcane restraints on its jurisdiction, the FTC will be unable to pick up the slack. Last year’s election was fought over many issues; removing privacy protections from American consumers was not one of them. We have yet to hear from a single consumer who wants less control over their sensitive personal data. Unfortunately, that is exactly what this legislation would do. It is our hope that President Trump, who was elected by arguing that he would stand up for the average American, does what most Americans would expect and vetoes this legislation.

Remarks of FCC Commissioner Clyburn at the 5th Annual Telehealth Summit of South Carolina

Previously I have asked, what additional steps can the Federal Communications Commission take to maximize the benefits and opportunities, of the agency’s Healthcare Connect Fund (HCF). While the $400 million a year program has historically been undersubscribed, requests for support in funding year 2015, the most recent available, reached a historic high of nearly $378 million. Given the finite funding available for this program, I believe we should constantly be thinking about the best ways to improve its effectiveness. One such idea, is the RURAL Telehealth Act, introduced during the last Congress. This bipartisan bill recognizes, that non-rural hospitals and health-care providers, may be best positioned to bring telehealth services to their communities. I welcome your thoughts on how this legislation would impact South Carolinians, our fellow citizens and your goal of bringing advanced telehealth services to communities most in need.

Statement of Commissioner Mignon Clyburn on the Continuation of the Connect2Health Task Force

Over the past three years, the Connect2HealthFCC Task Force has been on the cutting edge of examining the intersection of broadband, advanced technology and health. This is why I am so thrilled that Chairman Pai has affirmed his commitment to its continuation. The task force has and will continue to ensure that the Commission is equipped with the data and information it needs to understand the rapidly evolving landscape for broadband-enabled healthcare. Armed with this knowledge, we can narrow the digital and opportunities divide to ensure much needed health and wellness solutions reach all Americans.”

Remarks of FCC Commissioner Mignon L. Clyburn, 2017 WTA – Advocates for Rural Broadband Spring Meeeting

I would like to address three broad topics today: our progress towards 5G, continued universal service reform, the media landscape, and close with a look at this new era at the Federal Communications Commission and my role in it.

FCC Commissioners React to Stay from Data Security Regulation from Broadband Privacy Order

Commissioner Clyburn: On the very same day a major content distribution network revealed that the private data of millions of users from thousands of websites had been exposed for several months, the FCC announced its intention to indefinitely suspend rules requiring broadband providers to protect users’ private data. The irony here is inescapable. With a stroke of the proverbial pen, the Federal Communications Commission—the same agency that should be the “cop on the beat” when it comes to ensuring appropriate consumer protections—is leaving broadband customers without assurances that their providers will keep their data secure.

It is for this reason, that I must issue this unequivocal dissent.

This Order is but a proxy for gutting the Commission’s duly adopted privacy rules—and it does so with very little finesse. First, the Order alleges deleterious divergence from FTC standards, when in actuality there is little daylight between the approaches taken by the two agencies. Second, the Order alleges significant harm to service providers, but cites absolutely nothing to prove it. In fact, the stay request does not even begin to estimate the costs associated with compliance. The outcome of this Order is not relief of regulatory burdens, as is evidenced by providers seeking a stay using the text of the FCC’s rule as the basis for their voluntary code of conduct. What it actually does is permit providers to shift the costs for corporate negligence onto private citizens.

Finally, I must express my disappointment that the Chairman even entertained this item being adopted on delegated authority. This would have marked the first time in which the Wireline Competition Bureau actually granted a petition for stay. Thankfully, my request to have this considered by the Commission preserved some degree of procedural integrity at the FCC.

Commissioner O’Rielly: I support this decision to stay the broadband data security rules while the Commission and Congress consider an appropriate resolution of the broader Net Neutrality proceeding.

To be clear, I think the law and Commission precedent are quite straightforward: the FCC lacks authority to adopt data security rules for any type of provider. Data security is not mentioned anywhere in the Communications Act, and other statutes and legislative efforts that have addressed the topic do not afford the FCC any role.

I consistently objected to the prior Commission’s unlawful attempts to freelance in this area long before the Net Neutrality Order and Privacy Order were adopted. I also pointed out that the Commission’s attempts to saddle the communications sector with experimental regulations could conflict with well-established FTC precedents that have served as a predictable road map for businesses and consumers alike.

Finally, I appreciate the opportunity to vote on this order at the Commission level. While I welcome greater participation by the full Commission in general, I think that Commission-level action on significant decisions like this one are particularly helpful to provide a clear and final statement of the agency’s position, which promotes transparency and certainty for all interested parties.

Joint FCC-FTC Commissioner Statement on Suspension of Broadband Privacy Protections

“Today Chairman Pai has created an unfortunate dilemma: accept a Bureau-level action that indefinitely unwinds key consumer privacy protections established by the FCC last year, or accept four business days (rather than the usual three weeks) to evaluate and vote on a decision that has massive ramifications for the security of private information held by broadband providers,” said FCC Commissioner Mignon Clyburn.

“I am very troubled by the news that the data security protections of the Broadband Privacy Rule will be put on hold. What this means, in effect, is that consumers with a broadband subscription will be less protected because the only cop on the beat has been taken off their patrol. In an age of Internet connected everything, removing security requirements from broadband providers is needlessly dangerous for American consumers. The rules the FCC adopted conform to long standing FTC practice and provide clear rules on how broadband companies should protect their customers’ personal information. This action weakens the security requirement guarding every consumers’ most personal data and should be reconsidered,” said FTC Commissioner Terrell McSweeny.

“The outcome is clear. Chairman Pai is determined to take action that leaves consumers without a cop on the beat protecting their personal information from misuse by their broadband service provider. This means no federal data security requirements whatsoever for broadband providers. This is the antithesis of putting #ConsumersFirst,” said Clyburn and McSweeny.

“Then-Commissioner Pai said in 2014 that ‘FCC decisions issued on the bureau level cut the commissioners out of the decision-making process entirely.’ Today, he is using the very same tool as Chairman that he criticized as a Commissioner. I could not agree with his 2014-self more that ‘bad process makes bad policy.’ And that is exactly what we see here today,” continued Clyburn.

My Personal Story in Search of #PhoneJustice

It is 9:10 am on Monday, February 6, 2017, and I am sitting in the courtroom without my cellphones. Like many who find themselves disconnected from their mobile device(s) for any length of time, I feel extremely uncomfortable and detached from the rest of the world. But whatever my discomfort, it pales in comparison to the day-to-day economic and personal torture felt by millions who remain on the wrong side of the economic justice divide and struggle to stay in touch with incarcerated loved ones.

Innocent or guilty, too often poor and disenfranchised, millions of mostly black and brown families suffer mightily. They suffer because we who are sworn to serve them have turned our backs on the nation's most vulnerable communities. We are quick to judge and do not think twice as we ignore the plight of the families, friends and representatives of those imprisoned, but awaiting their day in court, and the millions of others who have been sentenced and are serving time: rightly, wrongly or unfairly. But the most callous indictment of us all, is how little we appear to care about the 2.7 million children, the ailing grandmothers and the other often-destitute family members who pay a heavy price just for picking up the phone and keeping in touch.

Statement of FCC Commissioner Mignon Clyburn on Inmate Calling Services Oral Argument in D.C. Circuit

Today we took yet another step towards #PhoneJustice on behalf of the millions burdened by the egregious costs of communicating with a loved one who is currently incarcerated. I am grateful to the individuals who argued on behalf of justice for the inmates, their families and their legal representatives, and am confident that the court grasped the nuance of the legal arguments. Regardless of how the Court rules, I will continue to press forward to ensure that inmates and their families receive just, reasonable, and fair phone rates. Justice demands it, and so do I.

Statement of Commissioner Mignon Clyburn On Today's Friday News Dump

Today is apparently ‘take out the trash day.’

In an eponymous episode of the West Wing, White House Chief of Staff Josh Lyman stated: ‘Any stories we have to give the press that we’re not wild about, we give all in a lump on Friday . . . Because no one reads the paper on Saturday.’ Today multiple Bureaus retract—without a shred of explanation—several items released under the previous administration that focus on competition, consumer protection, cybersecurity and other issues core to the FCC’s mission.

In the past, then-Commissioner Pai was critical of the agency majority for not providing sufficient reasoning behind its decisions, citing specifically to the Supreme Court case Fox v. FCC which states: ‘[T]he requirement that an agency provide reasoned explanation for its action would ordinarily demand that it display awareness that it is changing position. An agency may not, for example, depart from a prior policy sub silentio[.]’

It is a basic principle of administrative procedure that actions must be accompanied by reasons for that action, else that action is unlawful. Yet that is exactly what multiple Bureaus have done today. The Bureaus rescind prior Bureau actions by simply citing a rule that allows them to do so, when in prior invocations of that rule there have been oft-lengthy explanations for the reasoning behind the actions.

My office requested more than the allotted two days to review the dozen items released today. We were rebuffed. Then, we simply asked to have the Bureaus comply with the reasoned decision-making requirements of the APA. No deal. It is disappointing to see this Chairman engage in the same actions for which he criticized the prior Chairman. I am hopeful that in the future this Commission, consistent with our shared commitment to increased transparency, will heed the APA’s requirement for reasoned decision-making. The American public deserves no less.”