Senate Reconfirms Pai on 52-41 Vote

Floor debate Monday was somewhat muted, amid remarks on the mass shooting in Las Vegas (see 1710020039). Senate Majority Leader Mitch McConnell, R-Ky., and Minority Leader Chuck Schumer, D-N.Y., didn't talk about Pai during remarks about the shooting, although Schumer submitted a statement into the record.

Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, and other senators in both parties did weigh in. Schatz affirmed he would vote no even though “I believe in his integrity as a public servant, and I believe he's smart and qualified.” The FCC is "supposed to create competition and protect consumers, and [Pai] is just not doing that,” in part because of the May NPRM to rescind net neutrality rules and related reclassification of broadband as a Communications Act Title II service, Schatz said. Sen. Maria Cantwell, D-Wash., also spoke against Pai over net neutrality concerns after tweeting that she would vote "nay" on Pai because he “will not preserve” the 2015 rules.

Sen. Elizabeth Warren, D-Mass., said she would vote no because “we do not need a chair at the FCC who is working for the most powerful communications companies in this country,” noting Pai's actions on net neutrality and Sinclair/Tribune. She criticized Pai's work to “weaken” the Lifeline USF program via a revamp of its administration and oversight and said he “halted the FCC's efforts to demand accountability” for inmate calling services.

Sen. Tom Udall, D-N.M., cited concerns about net neutrality and Sinclair/Tribune. Udall also noted his lingering concerns that Pai has “not been a vigorous watchdog for free speech,” citing Pai's attempts to dodge Democrats' questions about whether he disagreed with President Donald Trump's criticisms of major media outlets as “fake news” (see 1703230078). The FCC “must unequivocally stand up for the First Amendment and [Pai] needs to strongly disavow” Trump's comments, Udall said.

Senate Commerce Committee Chairman John Thune, R-S.D., echoed other Republicans in defending Pai's stance on net neutrality. But he also called for Congress to pass bipartisan net neutrality legislation “that will resolve” net neutrality rules “rather than prolonging the back-and-forth debate on this issue.” Sen. Jerry Moran, R-Kan., said he believes the FCC's 2015 rules are an instance of “outdated, utility-style regulation.” Moran also urged passage of "bipartisan legislation” on net neutrality. He praised Pai as having “repeatedly proven himself to be a public servant of the highest caliber” and for “understanding the challenges that face rural America,” as evidenced by his interest in increasing rural broadband deployment. Sen. Shelley Moore Capito, R-W.Va., called Pai an “important partner in my quest” to improve rural broadband connectivity.

Many communications sector groups supported Pai in written communications. The U.S. Chamber of Commerce spoke of the need for Pai to remain, singling out “his efforts to reduce regulatory burdens, reform FCC processes, and increase Commission transparency.” Telecommunications Industry Association Senior Vice President-Government Affairs Cinnamon Rogers said Pai's work “is essential to ensure that U.S. policies continue to encourage and support investment in the communications infrastructure that underpins 5G wireless networks” and IoT. The Multicultural Media, Telecom and Internet Council endorsed Pai in a letter to Thune, calling the FCC chairman a “vociferous advocate of closing the digital divide, empowering more Americans to get connected, and carefully crafting telecom law and policy that is inclusive of historically underrepresented groups.”

Others were critical. Public Knowledge Vice President Chris Lewis said Pai's record “contains a systematic rollback of key consumer protections and policies to promote competition and choice in the marketplace.”