[Congressional Record Volume 163, Number 157 (Monday, October 2, 2017)]
[Senate]
[Pages S6243-S6244]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                        Las Vegas Mass Shooting

  Today is a day of mourning for Las Vegas and for America. My heart 
goes out to all those touched by the ruthless and cowardly shooting 
last night.
  One of the victims was Lisa Romero, a secretary at Miyamura High 
School in Gallup, NM. The students knew her well as Ms. Lisa, and she 
was adored by everyone at the school. Her loss will be deeply felt. I 
send my condolences and prayers to her family, as well as her school 
family, and to everyone in Gallup, NM.
  I also want to recognize the true bravery of first responders--the 
police, the fire fighters, the EMTs--some of whom risked their own 
lives to save others. There are heroes in America, and we saw them in 
action last evening.
  Las Vegas, NV, and New Mexico share a kinship. Nevada is a sister 
Western State. Many New Mexicans have family in Las Vegas, and New 
Mexicans are reeling because of this tragedy. As westerners and as 
Americans, we must always come together to support the victims, thank 
our first responders, and focus resources and policy on preventing 
future massacres.
  Madam President, I rise in opposition to the renomination of Mr. Ajit 
Pai to the Federal Communications Commission.
  Mr. Pai, both as FCC Commissioner and now as Chairman, has not been a 
vigorous watchdog for free speech. He has not put the people's right to 
information first. In fact, he has put corporate interests first, and 
he has opposed policies outright that ensure underserved communities 
have access to essential technology. I strongly oppose his renomination 
to the Commission.
  Let's begin with his responsibility to guard First Amendment rights. 
President Trump has relentlessly attacked NBC, CBS, ABC, CNN, the New 
York Times, and the Washington Post. He called these established and 
esteemed news outlets ``fake news.'' He even called them ``the enemy of 
the people.''
  Earlier this year, in February, during a Senate Commerce Committee 
hearing--this was an oversight hearing--I asked Chairman Pai pointblank 
whether he agreed with the President that these mainstream news 
organizations were the enemy of the people. He refused to answer, 
refused to disagree with this patently outrageous and anti-American 
statement.
  His written answers were better, but even then Chairman Pai did not 
demonstrate that he could stand up to

[[Page S6244]]

power and defend First Amendment rights. Democrats on the Commerce 
Committee sent a letter asking again whether he believed the media were 
the enemy of the people, and he qualified his answer in the negative by 
writing that ``the President has made clear he was referring to `fake 
news' [as the enemy of the people].'' I wish that were true, but it is 
not. The President referred to well-respected, mainstream media 
organizations.
  The FCC must unequivocally stand up for the First Amendment, and the 
Chairman needs to strongly disavow the President's unfounded attack on 
the media.
  The FCC took a huge step forward in favor of consumers in 2015 when 
it passed the open internet order. That order, known as the net 
neutrality order, was codified. The principle underlying net neutrality 
is simple and fair. It means that internet service providers must treat 
all internet traffic equally. They cannot block access to particular 
websites, apps, or services. They can't give fast lanes or special 
treatment to websites or apps that pay more or are favored by some 
companies' executives.
  Consumers benefit because internet service providers can't ``pick 
winners and losers in the online marketplace for services and ideas.'' 
Those are the words of President Obama.
  Our democracy benefits because the internet lowers the barriers to 
communication--but not if the massive companies that control 
infrastructure can erect new ones. As a Commissioner, Mr. Pai voted 
against that pro-consumer measure, and as Trump's Chairman, he has now 
moved to dismantle it. The American people are outraged with the 
Chairman's move to undo net neutrality. The Commission has received a 
record 22 million comments in that regulatory proceeding.
  Who is against net neutrality? The megaproviders like Comcast and 
Verizon--Chairman Pai's old employer--can benefit financially from 
giving advantage to selected websites. Chairman Pai's record is that if 
there is a choice between consumers and big corporations, corporations 
win.
  Let's look at what the Chairman did recently to allow the biggest 
broadcast company in America to become even bigger. Congress has put 
into law a limit on the market share that ultrahigh frequency or UHF 
stations can own, and that limit is 39 percent. The Commission had 
considered that Sinclair Broadcast Group, the largest broadcast 
company, holds a 38 percent market share. But Sinclair wants to expand 
its reach and merge with another big company, Tribune Media. The $3.9 
billion deal would give Sinclair control over 200 more local television 
stations and expand its market to 72 percent of the television-owning 
households. Here is a chart that shows how expansive Sinclair's 
proposed takeover would be. You can see here the current marks, and you 
can see down below the proportional footprint.
  Traditionally, the FCC has interpreted its rules to prohibit Sinclair 
from making that deal, but Chairman Pai authored an order in April 
reinterpreting FCC policy to allow Sinclair to grab almost three-
quarters of the market, and Sinclair happens to be well known for its 
friendly coverage of President Trump. It even requires local broadcast 
outlets to regularly carry national commentary from a former Trump 
campaign and White House media surrogate, and its executives have been 
complimentary of Chairman Pai personally.
  Congress intended for there to be a multiplicity and diversity of 
voices and opinions on the airwaves. Congress explicitly wants to 
prevent one media organization from having an outsized influence over 
the Nation.
  I have strong reservations about Chairman Pai's leadership and 
values. Free speech, media ownership rules, and net neutrality are 
essential to a healthy democracy, and the Chairman is equivocating or 
moving backward on all fronts. For these reasons, I oppose this 
nomination.
  Nevertheless, if he is confirmed, I hope we can find common ground 
and work together. One area where we could do that is rural and Tribal 
broadband in the West. In my home State of New Mexico, rural areas, 
pueblos, and Tribes do not have access to the internet that is anywhere 
near adequate. Approximately 63 percent of people living on Tribal land 
lack access to acceptable fixed broadband speeds, compared to only 17 
percent of the U.S. population as a whole. The gap is even higher for 
residents of Tribal lands in rural areas, with approximately 85 percent 
of Tribal people lacking access.
  We all know that in today's world, broadband internet is essential to 
virtually all successful economic and commercial activity. It is 
essential to everyday life in America. As a member of the Commerce 
Committee, I will continue to push the FCC to do all it can to close 
the digital divide.
  Broadband expansion is not a question of political ideology; it is a 
question of political will. The Federal Government played a big role in 
expanding electricity and telephone service to every American. We, as a 
country, have made major investments. We must do the same for rural 
broadband. Senate Democrats have made a number of concrete proposals 
recently. I hope we can work with our Republican colleagues on these. I 
urge Chairman Pai to take them seriously.
  Members of the Commission must be 100 percent committed to principles 
of free speech, to protecting consumers and the underserved. Mr. Pai's 
record does not give me sufficient confidence that he shares that 
commitment, and, therefore, I urge all of my colleagues to reject his 
nomination.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mrs. CAPITO. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.