[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

[[Page S6241]]

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

[[Page S6242]]

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.