Clyburn Hopeful of Working With FCC Republicans Despite Certain Conflicts

Clyburn said she intends to serve out her second term, expiring in mid-2017. Clyburn was interviewed Tuesday for a segment of C-SPAN's The Communicators scheduled to be televised Dec. 24 and 26 (and to be available here Dec. 23.) GOP Commissioner Mike O'Rielly was also interviewed for the series Tuesday (see 1612130074) in a segment to air Saturday and Monday (and available online Friday).

She lauded GOP Commissioner Ajit Pai -- seen as the likely next chairman, at least on an interim basis -- and voiced optimism they could collaborate. "He is extremely bright. He is committed, I believe, to ensuring that America is connected," said Clyburn, who was interim chairwoman in 2013. "There’s a lot of work to do when it comes to broadband coverage. Mobile broadband is something I care about in particular; really connecting communities and really bridging the digital divide. ... I trust that those will not have partisan leanings.”

Clyburn noted she and Pai recently made a joint statement on combating USF abuse, in actions targeting Sandwich Isles Communications (see 1612060032). "We can all agree on that," she said: "I’m mindful of the changes that are on the horizon. But I'm hopeful that the spirit [to] which I have grown accustomed when it comes to regulation will be realized regardless" of the partisan tilt. She also noted she was accustomed to being in the minority when she served on the South Carolina Public Service Commission.

"We want the same results," Clyburn said. "We want communities to be able to thrive and be robust. We want a functional marketplace," she said. "We do disagree, and sometimes very visibly, when it comes to the application of that. So I’m hopeful that everyone will take a pause and really kind of reset the narrative." She said she doesn't instinctively seek confrontation. "I want to do what’s best for communities large and small, particularly those that have been left on the wrong side of the opportunity divide" (see 1612130066), she said.

Areas of Divergence

Democrats and Republicans do disagree on the net neutrality order reclassifying broadband under Title II of the Communications Act, Clyburn acknowledged. “I am very proud of that decision, she said. "It was upheld by the courts, and it offers certainty for consumers and for companies. It’s built on the strongest framework that will ensure the freedoms and the opportunities that we honestly take for granted." She said it's "empowering and enabling" for consumers to be able to use any device that doesn't harm the network, and for Internet content and traffic to be shielded from anti-competitive discrimination. "The rules were based on principles that we have been guided by since 2005, and if there are disruptions within that, then honestly the rest of the ecosystem could be compromised," she said. She vowed to be "vigilant, mindful and vocal" about seeking to maintain U.S. leadership in "innovation and investment and opportunities."

The commissioner said critics often ignore "the 700-plus regs and rules that we dispensed with" through broadband regulatory forbearance. "It’s not your mother’s and father’s Title II," she said. "It’s not the legacy framework that we used to regulate POTS, the plain old telephone network. It is mindful of this evolutionary nature that the broadband ecosystem has." She called Title II broadband authority a "backstop" for pole-attachment and tower-siting safeguards that are vital to deployment. "Can we further improve or enhance? Maybe. But hopefully we will take a scalpel approach and not a sledgehammer," she said.

The longest-serving FCC Democrat noted divisions on whether to cap Lifeline low-income USF funding, which the Democrats rejected in favor of a $2.25 billion "budget" with some flexibility to meet increased demand. "I do not get intensely involved with the wording or the phrasing of certain things," she said. "I am intensely passionate about his program being reformed ... so more competition and more providers will wade into the space, so there will be more opportunities for individuals to really get connected." She said the FCC had done much on the infrastructure side with high-cost and E-rate USF subsidies. “We have not done a fabulous job when it comes to the affordability side of the equation," she said. "We can build all of the incredible, palatial broadband infrastructure that would be the envy of the world, and if people cannot afford to use it, then we are in essence building this incredible bridge to nowhere.”

She pledged to continue fighting "sky high" inmate calling service rates that impose "economic hardship" on inmate families and prevent communications, contributing to "revolving door" recidivism. "Nobody wins" except for some ICS providers and correctional facilities, she said. Republicans have dissented from FCC decisions that have been judicially stayed and will be the subject of oral argument in court Feb. 6 (see 1612130041).

No 'Grand Disrupter'

The areas of discord should not prevent unanimous votes on items that are good for the country, Clyburn said. Although she said she won't compromise on her core principles, she said she never assumes she's going to get everything she wants. "If you disagree on one, two or three things, I don’t think you should throw out an entire item," she said. “If we can work from there, I think at the end of the day that we can come to consensus and really, in a less contentious way, craft policy.”

Clyburn dismissed the notion she might quit, to deny Republicans a quorum for actions if she's the only Democrat left on a 2-1 commission next year. "I've been hearing that" speculation, she said. "That is not something that I'm planning. I take my oath seriously, and in it is not any type of trying to be cute or crafty. That honestly is not my makeup. ... I am a natural public servant, and I don’t think part of that is being some sort of grand disrupter.” Clyburn's term expires July 1, though she could serve until late 2018 if not replaced.

She said the current FCC is trying to see what items it can resolve. "We have been going through and green-lighting issues and concerns that I think push our agenda forward," she said. " I don’t think that we will crank back up into full gear, honestly, until ... probably in February."

Clyburn said "history will be kind" to FCC Chairman Tom Wheeler. She called him a "multidimensional individual" who is passionate about creating opportunities. "I believe that he has been an incredibly effective chairperson, moving the needle, challenging all of us, ruffling some feathers inside and outside of the agency. And I think that’s a good thing."

She was coy about her plans when asked if she might run for Congress, where her father Rep. James Clyburn, D-S.C., who is 76, is the No. 3 House Democrat. She said she was "very comfortable" in communications. "Whatever is next, I will embrace it," she said.