Statement Of FCC Commissioner Ajit Pai On E-Rate Public Notice

Now is the time to get moving with the Federal Communication Commission’s E-Rate reform. And yet, I fear that the Public Notice issued by the Commission’s Wireline Competition Bureau bodes poorly for real reform.

Reform should mean eliminating the priority system that arbitrarily favors some technologies over others. Yet the Public Notice doubles down on it. Reform should mean abolishing the discount matrix that encourages wasteful spending by well-funded districts and consistently underfunds small, rural schools and libraries. Yet the Public Notice builds on it. And although the Public Notice mentions streamlining the administrative process, the proposals to do so (such as making “simple changes” to the existing forms or changing “invoicing deadlines”) are overwhelmed by proposals that would saddle our nation’s teachers and librarians with more paperwork. Moreover, even if the right questions were posed, this is the wrong way to pose them.

If the Commission needs to focus comment on an issue, we should advance a concrete proposal -- which in the words of the FCC’s own process reform report “ensure[s] adequate notice of the potential final rule” and “focus[es] both drafters and commenters on the precise proposal under consideration.” And if the Commission wants to explore a new proposal, we should issue a further notice of proposed rulemaking to comply with the requirements of the Administrative Procedure Act.

[March 7]