[Congressional Record Volume 163, Number 157 (Monday, October 2, 2017)]
[Senate]
[Pages S6240-S6242]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Puerto Rico and U.S. Virgin Islands Recovery Effort
Mr. President, our friends and relatives and fellow Americans in
Puerto Rico and the U.S. Virgin Islands should know that, even while we
mourn and process the incomprehensible events in Las Vegas, we remain
laser-focused on the needs of Puerto Rico and the U.S. Virgin Islands,
and we will continue our advocacy for a more comprehensive, more sure-
footed, and better coordinated response to their crisis.
Mr. President, shortly the Senate will vote on the nominee to be
Chairman of the FCC, Mr. Ajit Pai.
I cannot support this nominee for the office of Chairman. The FCC is
tasked with the critical role of protecting consumers and promoting
innovation in the telecommunications and technological fields that are
becoming more and more integral to our day-to-day lives. However, over
his time at the FCC and particularly in his tenure as Chairman so far,
Mr. Pai has established a clear record of favoring big corporations at
the expense of consumers, innovators, and small businesses.
He supported congressional attempts to reverse the FCC's 2016
broadband privacy rule, which would have prevented big cable and
internet companies from profiting off of personal internet data. Now,
internet service providers no longer have to obtain consumer consent
before they sell or share sensitive personal data.
Most disturbingly, Chairman Pai is currently attempting to dismantle
the open internet order, the net neutrality rules under which millions
of consumers currently have access to a free and open internet. Net
neutrality has had a huge impact on everyone who uses the internet--on
communities of color, on small businesses, on schools, on civic
engagement, and on our economy.
Net neutrality is not the only issue where I disagree with Chairman
Pai's agenda. In his first 2 weeks on the job, Chairman Pai stopped 9
companies from providing discounted high-speed internet to low-income
individuals, and he jammed through nearly a dozen industry-backed
actions, including some to begin curtailing net neutrality. The most
alarming part: these clandestine moves to clip the public's fundamental
right to a free and open internet were done without seeking public
comment first.
It is no surprise, therefore, that Chairman Pai would be willing to
further undermine the FCC's protection of net neutrality,
notwithstanding the views of the nearly 22 million American citizens
who have commented in opposition to his net neutrality proposal.
The open internet order is working well as it is and should remain
undisturbed. Mr. Pai, however, seems bent on rolling back the open
internet on behalf of a few corporate friends, rather than serving the
American consumer and the American economy by keeping the current
protections in place.
For these reasons, I feel very strongly that I must oppose his
nomination; I cannot support this agenda, which I believe imperils
consumers and the internet itself.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. MORAN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. MORAN. Mr. President, thank you very much.
Today, I am here to speak on behalf of a good friend and an
exceptional public servant, Chairman Ajit Pai of the Federal
Communications Commission.
I have admired his work throughout his service within the Commission,
which dates back to 2007, when he was in the Office of General Counsel.
Over
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time, he was promoted to become the Deputy General Counsel of the
Federal Communications Commission. In 2012, by voice vote, he was
confirmed by the Senate to serve as a Commissioner, and he has
continued to embody integrity, honesty, and dedication in this role,
something we would expect from a Kansan.
As only the second Kansan ever to be nominated to serve on the
Federal Communications Commission--the first being Bob Wells of Garden
City, KS, who served from 1969 to 1971--Ajit Pai has proven himself to
be a capable and talented leader and one of the smartest people whom I
have ever met, especially when it comes to public policy.
I have worked with him and his staff throughout my time on the Senate
Commerce, Science, and Transportation Committee and have traveled with
him throughout our home State. My getting to know him on a personal
level has really been a delight, something that has been a highlight of
my time while serving in the Senate. He is a native of Parsons, KS,
which is a small town in the southeast corner of our State, and he
brings with him an understanding of the challenges that face rural
America. He understands the importance of access to high-speed
broadband and wireless connectivity, and I believe that his roots as a
small town Kansas kid make him exceptionally qualified to advocate for
rural America.
Ajit came to Wichita just this past week to explore ideas and explain
policy opportunities to close the digital divide within local broadband
providers that work in Kansas communities I serve. The lack of
broadband connectivity in parts of rural Kansas has lasting economic,
educational, and public health impacts, and Ajit Pai has prioritized
incentive-based solutions like the Connect America Fund and Mobility
Fund to close this divide in a fiscally responsible and competitively
driven way.
Outside of supporting high-speed broadband build-out to unserved or
underserved areas, Ajit created the Broadband Deployment Advisory
Committee to promote broadband deployment across America, including
removing regulatory burdens and barriers and improving permitting and
the right-of-way process through regulatory reform.
While in Kansas, he was also able to see the great work that was
being done to implement the Next Generation 9-1-1 technology in our
home State. As we know, improving these communications systems is
absolutely necessary to ensure adequate emergency services to rural and
urban Americans alike, and we see that today and over the last several
months with the disasters and tragedies that have occurred in our
country.
Ajit has also proven himself to be a leader who is committed to free
markets, clearly understanding that regulations should be balanced with
pro-growth economic principles that do not unduly harm employers or
stifle innovation. To this end, Ajit Pai announced his intentions to
stand up a new Office of Economics and Data within the FCC to provide
economic analysis of the policies and functions of the agency. We are
looking for thoughtful, data-backed input to the agency that should
lead to market-driven policy decisions the Commission can then hang
their hat on.
Critical issues before the FCC today require this type of expertise;
things such as efficient and effective broadband deployment, quality
spectrum management that schools and libraries desperately need, as
well as hospitals that also desperately need this spectrum, and
fostering innovation just in the general sense. If we want a growing
economy with more jobs, better jobs, higher paying jobs, we need access
to the latest technologies across the country.
As the currently appointed Chair of the FCC, Ajit has improved
openness and transparency within the Commission, eliminated onerous and
duplicative regulations holding up that innovation, and has protected
consumers from illegal and fraudulent robocalls. One recent decision
under his leadership that has received so much attention from consumer
advocates, industry representatives, and policy academics is the FCC
order Restoring Internet Freedom Notice of Proposed Rulemaking.
Under Chairman Pai's leadership, the Commission has collected tens of
millions of comments regarding the agency's proposal to roll back the
2015 open internet order and has extended the deadline so more
interested parties can be heard. This input collection, coupled with
fundamentally improving the rulemaking processes, has increased the
Commission's culture of openness and transparency, something I
certainly support and would continue to encourage.
I believe the Federal Government must ensure a fair and open internet
that is not blocked or slowed. I do not want outdated utility-style
regulations to the internet that were established for telephone
companies in the 1930s. Instead of leaving this important regulatory
framework open to interpretation and change with every new
administration, Congress--the U.S. Senate--and our Commerce Committee
should and must craft bipartisan legislation that preserves the fair
and open internet.
Chairman Pai has taken thoughtful steps toward a long-term solution
by seeking to eliminate the harmful 2015 regulations hindering
broadband deployment and harming an innovative internet ecosystem.
Ajit Pai has repeatedly proven himself to be a public servant of the
highest caliber, with strong integrity and character. I am proud to
recommend his swift confirmation to the Federal Communications
Commission and call on my colleagues to support his nomination. Ajit
Pai is an intelligent, articulate public servant who has the character
and integrity that is required at the Federal Communications
Commission. I support his nomination and ask my colleagues to do the
same.
I yield the floor.
Mr. McCONNELL, Mr. President, as I noted last week, the nominee
before us, FCC Chairman Ajit Pai, has led a fascinating life with two
defining features: hard work and success.
He understands communications policy from just about every angle--no
wonder, given his deep and impressive resume.
He comprehends the needs of rural communities in states like mine, a
product of his own rural upbringing.
He has dedicated himself to issues like advocating for Americans'
First Amendment rights and bringing-more openness and more
accountability to the FCC, an agency that, too often, has earned a
reputation for secrecy.
Chairman Pai is just the kind of person we need over at the FCC.
I was glad to see the Senate advance his nomination last week.
I look forward to confirming him to a new term later this afternoon.
Mr. DURBIN. Mr. President, I come to the floor today to voice my
concern regarding the nomination of Ajit Pai to serve as a Commissioner
of the Federal Communications Commission.
Many of my colleagues are planning to speak about the threat Mr. Pai
poses to a free and open Internet, but what brings me to the floor is a
different looming threat to the public interest: the proposed Sinclair
Broadcast Group merger with Tribune Media Company. If approved, the
Sinclair-Tribune merger would create the Nation's largest television
broadcast company in history, reaching over 70 percent of households
nationwide. There is reason for concern.
Mr. Pai's track record at the FCC has shown that he will not hesitate
to put the needs of industry ahead of the best interests of consumers.
Under his leadership as Chairman, the FCC acted to reinstate an
outdated loophole known as the UHF discount that would make it easier
for companies to get around rules limiting national media ownership.
These rules are essential in maintaining the trust Americans have
placed in their local broadcasters and ensuring consumers benefit from
programming representing diverse viewpoints.
What was Mr. Pai's motivation for putting this loophole back in
place? I will just say this: The loophole was reinstated in April, and
Sinclair announced its acquisition of Tribune in May.
My concerns about the merger are not solely grounded in Sinclair's
practice of mandating its stations distribute its self-produced
conservative content, as troubling as that is. Rather it is that no
single company should be
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able to decide what 72 percent of the country's news looks like. The
Sinclair-Tribune merger undermines competition and threatens local
broadcasting as a trusted and diverse voice for its viewers in Illinois
and across the country.
Because of Mr. Pai's deregulatory campaign and repeated failure to
put the best needs of the consumer first, I will oppose his nomination
to serve a second term as a Commissioner for the Federal Communications
Commission.
Mr. LEAHY. Mr. President, in 2015, the Federal Communications
Commission, FCC, did something that can be all too rare Washington: It
listened to the American people. After a record number of Americans
spoke in favor of clear rules to protect a free and open Internet, the
FCC voted to adopt strong net neutrality protections that accomplished
this goal. These protections, which ensure that innovation and free
speech can flourish online, are currently under threat as the FCC now
moves to repeal them. On net neutrality and on many other key
telecommunications policy issues, Chairman Pai has stood against
consumers, startups, and small businesses. Today I choose to stand with
them and with millions of Americans who support net neutrality by
opposing his reappointment.
Vermonters have been clear that they want strong FCC rules in place
to ensure that the Internet remains the ultimate platform for economic
opportunity and free expression. These protections are particularly
important for small businesses, which compete on the internet's global
stage against the largest companies in the world. The Vermont Country
Store is a great example of a small company that has taken advantage of
the promise of an open Internet. Family-owned with a rich history
dating back to 1897, the internet offered new opportunities to extend
the company's reach. As fifth generation storekeeper Cabot Orton said
when he testified in Vermont about the FCC's effort to craft net
neutrality protections in 2014:
We don't want to imagine an America with two Internets: a
fast one for giant corporations and a slow one for everybody
else. We don't want to imagine being held for ransom by
telecom behemoths and cable monopolies just to reach our
customers with the same speed and convenience that global
conglomerates enjoy . . . A small business website that is no
longer protected from giant Internet toll-keepers would have
one choice: pay to play. Failing that, a company becomes the
proverbial tree falling in the forest with no one there to
hear it.
Chairman Pai has shown total disregard for the concerns of businesses
like the Vermont Country Store. In proposing to repeal the existing net
neutrality protections, he makes no mention of their importance to the
small business community. Instead of recognizing the very real impact
on small businesses of stripping away these protections, Chairman Pai
claims that there are no possible harms these protections could be
designed to prevent.
This is particularly clear when he discusses the current rule banning
harmful paid prioritization agreements that would create the type of
two-tiered internet small businesses fear. Chairman Pai claims that
there was no need for this rule because some large internet service
providers, ISPs, said they ``had no plans'' to engage in this kind of
behavior. This is despite the fact that at least one major ISP said
outright in its 2014 FCC filing that it wanted the ``flexibility'' to
charge websites for priority access and that, even though it had no
plans for these arrangements, they ``should be permissible and should
be tested.''
I introduced legislation to ban pay-to-play deals online before the
FCC adopted its rule because of the harm they would cause small
businesses like the Vermont Country Store. I find Chairman Pai's
failure to understand the importance of a level playing field for small
businesses extremely disconcerting.
Not only is Chairman Pai ignoring the small business community by
barreling ahead to repeal net neutrality protections, he is also
ignoring the clear will of the American people. Over 22 million
Americans have submitted comments in the proceeding he started to
repeal these critical protections, shattering records at the FCC. Poll
after poll has found overwhelming bipartisan support for net
neutrality. In Washington, Chairman Pai calls net neutrality
protections burdensome and unnecessary. In Vermont, we just call them
common sense.
Vermonters also value their privacy rights and want basic protections
in place to protect their personal data. In 2016, over Chairman Pai's
objections, the FCC put in place important privacy protections to
prevent ISPs from selling their sensitive information, including their
web browsing history, without their consent. These rules also included
basic data security and data breach notification requirements. We have
seen how important it is to hold companies to basic data security and
breach notification standards in the wake of the total disregard
Equifax showed for protecting sensitive consumer information.
Unfortunately, Chairman Pai was a strong supporter of the resolution
of disapproval passed by this Congress that permanently repealed the
FCC's privacy and data security protections. At a time when the
personal information of every single American is under constant threat,
Chairman Pai thought it was simply too much to ask for ISPs to take
reasonable steps to secure their subscribers data and notify them if a
breach occurs.
Chairman Pai's approach to rural broadband, which is one of the most
pressing issues for Vermonters, also raises cause for concern. Just
recently, he has proposed to effectively lower the speed standard used
to measure whether Americans have access to adequate broadband service.
As someone who represents a rural State, ensuring that we accurately
measure how many Americans lack this essential service is critical.
Under the current standard set by the previous FCC, 39 percent of rural
Americans lack access to true high-speed broadband service. In
contrast, only 4 percent of urban Americans lack access.
I supported the FCC's decision to set a high minimum broadband speed
to use as the baseline for comparing rural and urban areas. All
Americans deserve the same quality of broadband service, whether they
live in the Northeast Kingdom of Vermont or the heart of Kansas City.
Rural Americans should not be held to a lower standard simply so that
Chairman Pai can rig the numbers to falsely claim that he has closed
the digital divide once and for all.
Chairman Pai has shown far too often in his time at the FCC that he
will side with Goliath over David and that he will ignore the
overwhelming sentiment of the American people. With the fate of the
open internet and many other critical telecommunications issues at
stake, I must oppose Chairman Pai's nomination.
Mr. MORAN. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. CORNYN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.