FCC Criticized by Congressional Republicans at FSF Event

House Communications Subcommittee Chairman Greg Walden, R-Ore., attacked the net neutrality order and said the process used in approving it underscored his concerns about the commission. He said he will pursue reforms to increase the transparency of items before the commission. Commissioners Mike O’Reilly and Ajit Pai also criticized the order.

Walden said the text of orders should be made more available to the public and all commissioners before they're voted upon. Walden criticized the agency budget request, particularly a provision to shift $25 million from the USF for administration (see 1503040032). He called the request “a rather transparent attempt to decrease the size of the budget request by transferring $25 million onto the backs of American consumers,” who pay into the fund. Saying agency finances should be held accountable to Congress, Walden said also there should be limits to USF spending. The FCC didn't comment.

Walden's legislation to outlaw blocking, throttling and paid prioritization without reclassifying broadband would take care of net neutrality concerns without bringing about problems, he said. “We’re working though this,” Scalise said of the prospects of a congressional reaction to the net neutrality order. "There’s not a consensus on how to handle it,” said Scalise, who said reclassification would deter broadband investment.

The FCC didn't appear to be headed toward adopting a Title II approach until President Barack Obama “came in with a heavy hand and [told the agency], this is the way I want you to go,” Scalise said. “I don’t think it’s a good thing that the FCC is morphing into a political, partisan body.” Even though the Internet didn't seem to be broken, “you have a government agency coming in with more than 300 pages of regulations,” Scalise said. “It sent shock waves to a lot of people.”

Walden noted the increase in party-line FCC votes and said he's troubled by its “escalation of partisanship.” Chairman Tom Wheeler appears to be “abusing the process to disadvantage minority commissioners,” Walden said, referring to the commission’s two Republican members. Those in the minority have at times not been shown draft orders until late the night before they were to be voted on, he said.

Walden criticized Wheeler for not making the draft net neutrality order public before the commission vote. “There is going to be a government takeover of the Internet. There should have been more transparency,” Walden said. Saying releasing the draft would have departed from the agency’s procedure, Walden said, “Sometimes it’s OK to break a plate and do something better.” An agency official referred to Wheeler’s comments at the Thursday subcommittee meeting, in which Wheeler announced the creation of a task force to review the procedures of similarly situated agencies.

The most troubling aspect of the net neutrality order, said Pai, who like O’Rielly dissented from it, is that reclassification will “impede the ability [of ISPs] to provide broadband especially for low-income and rural Americans." That will reduce competition, he said. The “uncertainty caused by vague standards” like the order’s general conduct standard and what practices will be considered what the order calls “just and reasonable” was most troubling, O’Reilly said. The agency has disputed critics’ claims of deterring investment, saying the order forbears from many Title II sections. That's false, O’Rielly said at the event, because the agency can take a wide range of actions under Section 201, preserved in the order.