Clyburn Willing to Compromise; Pai Tweaks Processes Again

Along with relations inside the FCC, Clyburn, Commissioner Mike O’Rielly and others discussed Lifeline, the minority tax credit, and a possible process reform that Chairman Ajit Pai had as a reality by Tuesday afternoon. “Commissioner Clyburn has suggested that when the agency releases the text of meeting items, we should also release a one-page fact sheet that summarizes the proposal in question” Pai said in a statement Tuesday afternoon. Clyburn described the proposal Tuesday morning at the conference as combining Wheeler’s approach of announcing rules in digestible blog posts with Pai’s goal of increased transparency (see 1702020051), since the actual text of a proposed rule can be dense and difficult to parse. “She notes that this could make the item that we release accessible to more Americans. I agree,” Pai said, saying the FCC will do so beginning with the release of items for March commissioners' meeting. In a tweet, Clyburn said she was” pleased” with the adoption of her suggestion, and O’Rielly also expressed support.

Pai also adopted a process change suggested by O’Rielly, under which “any substantive edits made to an item between the time it is circulated and the meeting at which we vote on it should have to be proposed by a Commissioner, rather than staff,” said the chairman in a release. This change “will help promote accountability and allow Commissioners to better understand where edits are coming from and will be implemented immediately,” Pai said. The move “will provide better transparency as we negotiate our items,” O’Rielly said in a statement.

“This bodes well for the new commission’s ability to work together to get our processes into better shape,” O’Rielly said of Pai’s announcement. Clyburn also said she hopes for compromise decisions on commission issues. “I don’t get out of bed saying it’s going to be 2-1,” Clyburn said. She cautioned she's willing to vote againstitems on which the other side is inflexible. If Clyburn can’t get answers to questions about an item or finds that “legitimate” requests are ignored, she will shift her posture on an item, she said.

The FCC should be willing to work harder if it promotes transparency, O’Rielly said of another recent process reform by Pai, under which items on circulation are released to the public. The FCC may receive more comments on items, but those comments will be more relevant, O’Rielly said. Under the previous system, those lobbying the FCC would sometimes unknowingly focus on aspects of an item that were no longer relevant to the draft, O’Rielly said. It’s not clear if the new policy would apply to transaction reviews, O’Rielly said. The FCC’s merger review 180-day clock is “useless” because it's “aspirational” rather than a hard deadline, O’Rielly said. A soft deadline allows the FCC to take its time with more complicated deals, Clyburn said.

The FCC is seeking to provide access to the internet to everyone in the U.S., O’Rielly said, but such access isn’t a right like the right to vote or a necessity like water and shelter, O’Rielly said in response to a question Tuesday. Numerous speakers disagreed, including Rep. Yvette Clarke, D-N.Y. Anyone without broadband internet at home or otherwise readily available is at a disadvantage in today’s society, Clarke said. MMTC President Kim Keenan also said access to broadband is vitally important, even to apply for basic jobs or receive health insurance. “Applying for a job on a cellphone is not a good way to do it,” Keenan said. Responding to O’Rielly, Clyburn compared his argument to that of opponents of rural electrification programs. “I don’t think anyone would argue that electrification isn’t a right today,” she said.

Clyburn and Nexstar CEO Perry Sook spoke in favor of the minority tax credit. “It works,” Sook said, saying if Congress were to reinstate such a credit along with relaxation of the national ownership cap, the growth of companies like Nexstar would lead to increased minority broadcast ownership. O’Rielly didn’t endorse the tax credit but said he would be open to the concept of loosening regulations for companies willing to act as incubators for minority businesses, another idea Clyburn has endorsed. With today's endorsement by Clyburn and previous endorsements by O'Rielly and Pai, the concept of incubators -- rejected by the commission in the last ownership quadrennial review rulemaking -- now has the support of all three commissioners, noted MMTC Senior Adviser David Honig.