The House Energy & Commerce Committee will hold an FCC oversight hearing March 31.

It is possible, though unlikely, that the FCC could be at full strength by that time if the Senate votes to discharge and then vote on the nomination of Gigi Sohn for the fifth FCC seat, though a hold threat continues from Sen. Thom Tillis (R-N.C.).

“These days access to the internet means access to economic and educational opportunities," said Committee Chairman Frank Pallone (D-N.J.) and Communications Subcommittee Chairman Mike Doyle (D-Pa.). "The FCC plays a key role in ensuring that Congress’ historic broadband investments included in the Bipartisan Infrastructure Law reach the people and communities that will most benefit from all the opportunities that come with quality internet access,” they said.

The vast majority of that infrastructure money is being overseen by the National Telecommunications & Information Administration, but getting it to the most needy will depend on the broadband availability maps the FCC is working to update and improve.

“We look forward to hearing from the Chairwoman and Commissioners about the FCC’s ongoing work to connect all Americans regardless of income or zip code, promoting secure and resilient networks, and paving the way for our wireless future," the legislators said.

Most of that is the sort of bipartisan work a politically tied 2-2 commission can get done. But other issues like network neutrality and media ownership will require a Democratic majority to achieve some of the Biden Administration's stated goals. ■

At the Senate Commerce Committee's FCC oversight hearing Wednesday (March 8), agency chairman Ajit Pai would not be drawn into the debate over President Donald Trump's attacks on the media, refusing to comment on Trump's "enemy of the people" characterization, but he stood by his past statements against the government pressuring news outlets to cover stories in a certain way and pledged to run an independent agency.

Outlining Trump's "open hostility toward media outlets" -- many of which have business before the FCC, "from regulatory matters to potential merger reviews" -- as well as Pai's historic statements in support of a free press and against White House pressure on independent agencies, Sen. Tom Udall (D-N.M.) asked Pai whether he also views the press as the enemy.

While Pai said he would not comment on issues beyond the commission, he associated himself with the comments quoted, including an op ed in which he wrote, "The government has no business pressuring media organizations into covering certain stories," and an interview in which he said the FCC should use the bully pulpit to continue advocating for free speech.

Udall said the president was using bully tactics against the media and asked Pai whether he agreed with Trump's comments.

"I don’t want to get into the larger political debates, but I will simply reaffirm the quotes that you offered," Pai said, referring to his own quoted statements.

"So you refuse to answer that," Udall noted.

"No," Pai said, adding, "I believe that every American enjoys the First Amendment protection guaranteed by the Constitution."

Pai would not comment on whether his discussions with Trump, including one earlier this week, covered any specific media companies, saying he would leave that question to the White House to answer. But asked if the FCC would operate independently of the White House, Pai said, "Absolutely."

Udall pressed further, asking if Pai would resist "any attempt by the White House to use the FCC to intimidate news organizations." Pai said he has consistently stated the FCC is independent and that he would render decisions based on law, precedent and what he and his colleagues think is in the public interest.

The chairman said he has not had any conversations with anyone at the White House about CNN or the AT&T-Time Warner deal.

Asked if he would immediately report to the committee if the White House contacted him about taking any favorable or negative actions regarding any media or communications business, Pai said he would follow all the appropriate ethical requirements that would apply.

FCC chairman Ajit Pai said Wednesday (March 8) during a Senate Commerce Committee FCC oversight hearing that he would get an agency staff legal analysis confirming his belief that, based on the way the AT&T-Time Warner merger is being structured, the FCC has no authority to conduct a public interest review of the deal.

The Justice Department is currently reviewing the proposed merger for antitrust issues, but the deal was not submitted to the FCC for a public interest review, which looks beyond preventing competitive harms to weighing the benefits to consumers and the marketplace.

Asked by Sen. Brian Schatz (D-Hawaii), ranking member of the Communications Subcommittee, whether the FCC would be reviewing the deal, Pai said that since no license was changing hands -- the "jurisdictional hook" for the FCC's review -- the agency would not have a role.

"In so far as that remains the case, it is my belief the FCC would not have the legal authority to review that transaction," Pai said.

Schatz asked whether Pai had asked his staff for a legal analysis confirming it would have no role. Pai said no, but agreed when pressed by Schatz that he would do so and share the findings with the committee.

Sen. Richard Blumenthal (D-Conn.) asked if Pai would do a public interest review analysis of the deal anyway. The chairman said if the deal is not filed with the FCC, it would have no fact set on which to review it. But he did say he would take that request back to the General Counsel's office.

Senate Commerce Committee chairman John Thune (R-S.D.) had said Thursday (Sept. 15) that his was going to be a hard-hitting opening statement for the committee's FCC oversight hearing. He was not overstating the case.

Thune took aim at FCC chairman Tom Wheeler, accusing him of using information as a partisan weapon. He cited 25 3-2 FCC votes under Wheeler, noting that was far more than the 14 total 3-2 votes over the previous 20 years.

Wheeler pointed out that 90% of the votes were unanimous and also said at least a couple of 3-2 votes were not along party lines, citing the effective competition vote, for one, where he teamed with the two Republicans. But Thune said he was referring to public meeting votes, which the effective competition vote was not.

"Why does the current FCC continually advance divisive policies at the expense of certainty for consumers and innovators that only bipartisan solutions can offer?" Thune asked rhetorically.

"Too often, we have seen conveniently-timed leaks and disclosures used as tools to benefit the partisan agenda," he added. "Treating all commissioners fairly and not using the disclosure of nonpublic information as a sword would lead to a better process at the agency, which in turn could only improve the commission’s work product. While process issues at the FCC may seem to be just a minor transgression that can be chalked up to business as usual in Washington, D.C., in this case it illustrates a divisive leadership approach, which threatens to undermine the credibility of the agency now and into the future."

Sen. Bill Nelson in his opening statement suggested that the commission reflected the "highly charged partisan times" in Washington. He said administrative agencies "often reflect the times in which they are holding their hearings and votes."

Thune conceded that the committee also represents deeply held differences, but that its members try to find consensus, and he hopes the FCC takes a similar approach. Nelson agreed that the committee has been able to cut through partisanship on "issue after issue."

Democratic Sens. Bill Nelson (Fla.), ranking member of the Senate Commerce Committee; Richard Blumenthal (D-Conn.); and Ed Markey (D-Mass.) made a point during the committee's FCC oversight hearing Thursday (Sept. 15) of calling on the Republican majority to hold a Senate confirmation vote on the renomination of FCC commissioner Jessica Rosenworcel.

Markey called for a vote ASAP.

"We can bring the Rosenworcel vote up this afternoon by unanimous consent on the Senate floor," Markey said. "I Ask that we do that."

Related: Programmers Press Set-Top Concerns With Rosenworcel

That is a way to fast-track a noncontroversial vote. Rosenworcel was overwhelmingly confirmed by the same committee for renomination.

All of the Senators pointed out that Democrats had agreed to confirm Republican commissioner Michael O'Rielly on the assurance that Rosenworcel would get a renomination vote as well, but that the majority had reneged, or at least yet to deliver, on that agreement.

FCC chairman Tom Wheeler also said the commission needed the benefit of Rosenworcel's continued service.

Republicans have been looking for some sign from Wheeler of when he was leaving the commission. Wheeler did not exactly provide a timetable, but did say it could be his last oversight hearing before the committee. 

WASHINGTON — Federal Communications Commission chairman Tom Wheeler said the agency's unwinding of TV-station joint sales agreements (JSAs) as part of merger decisions does not violate the language of Congress's legislation providing a 10-year grandfather of any JSAs that existed before the FCC's March 2014 decision to make them attributable as ownership interests.

That came in an FCC oversight hearing before the House Communications Subcommittee, during which Republicans raked the Democratic FCC chairman over the coals, saying the agency had ignored that statute, which had no exceptions for JSAs that changed hands as part of station sales.

Wheeler argued to House Appropriation Committee members at a hearing last week that when licenses change hands, the FCC treats such transactions as the sunsetting of the old license and a granting of a new license to the purchasing party.

Under that interpretation, which he has said goes back several decades, the JSAs become new arrangements, and are thus subject to the March 2014 decision that they are ownership interests — and must be unwound if they violate local ownership rules.

Wheeler did not get a chance to repeat that explanation as he was peppered with requests for yes or no answers from Rep. Billy Long (R-Mo.). Wheeler answered no when Long asked if the FCC JSA unwindings violated the language of the statute or circumvented the law.

Long had prefaced his peppering with the point that JSAs in his state had allowed for the purchase of life-saving weather radar.

But Long was far from the only Republican on the panel to probe him on the JSA decision, which also drew a letter from Senate Democrats and Republicans earlier this month also accusing the FCC of circumventing the legislation and the intent of Congress.

Subcommittee Chairman Greg Walden (R-Ore.) began the hearing by saying he was concerned about the unwound JSAs, and Rep. John Shimkus (R-Ill.) even related it to the general political “revolt brewing” against government out in the country.

When the people see agencies disregard duly passed statutes, Shimkus said, that contributes to the frustration and “revolt.”

Shimkus said the bill was not ambiguous, and allowed for no exceptions. He said he was surprised and shocked to find the dissolution of "legitimate" JSAs via merger reviews.

Commissioner Ajit Pai agreed that the FCC was circumventing the law, but not with the surprise. Asked by Shimkis to comment, he said it was “paradigmatic of the agency's disrespect for the rule of law.” He said the FCC had "thumbed its nose" at the statute, including unwinding an Entravision Communications JSA in his home state of Kansas that provided the only Spanish-language news, and which the FCC had assured him would not be affected by the March 2014 order.

Again, Wheeler’s argument is that existing JSAs aren’t affected, only new ones struck since March of 2014, and any JSA involving stations that changed hands since March 2014 is considered new. 

WASHINGTON — Federal Communications Commisson chairman Tom Wheeler took some heat from both sides of the aisle — including his fellow Democrats — in a sometimes tense and contentious oversight hearing in the House Communications Subcommittee on Tuesday (March 22).

The almost three-hour hearing took on some hot-button issues, including the FCC’s set-top proposal and the chairman’s lack of enthusiasm for an inquiry into political ad disclosure rules.

Rep. John Yarmuth (D-Ky.), who has pushed the FCC to revisit its definition of those disclosures, including via legislation, was not happy.

He said he was not satisfied with Wheeler's response to his letter on the subject — which he suggested was more like a “thanks for your input” answer — and said he doubted the chairman would think such an answer was sufficient.

Yarmuth said he wasn’t expecting the FCC to immediately start enhancing its disclosure requirements, but expected more than this.

He did not ask Wheeler why the chairman had not opened an inquiry, using his time to simply express his displeasure and asked that the FCC take action and that FCC staffers be made available so he could discuss with them their theory of the “editorial control” of an ad that triggered disclosure.

The FCC has signaled that it is relying on a historic interpretation of editorial control in requiring disclosure of the a political action committee’s officers but not the underlying funders, Yarmuth said. As a former editor, Yarmuth added, he knows who has the real control behind such groups, which he labeled, archly, “Americans for Puppies and Kittens” and other similar appellations.

He called the “editorial control” definition a “useless standard” and one that perpetuated the deception of the American public.

On the set-top proposal, Wheeler was pressed by Reps. Yvette Clarke (D-N.Y.) and G.K. Butterfield (D-N.C.) as to how the proposal would affect diverse content providers, suggesting it could impact them adversely. Butterfield went so far as to suggest that — at least to some of the diversity groups he cited — it could mean a new form of digital redlining.

Clarke said she had commissioned a Congressional Research Service study on the set-top proposal’s potential impact of the set-top proposal on diverse programmers and communities, and asked Wheeler if he would be willing to delay action on the proposal until it was completed.

Wheeler said he was willing to work with the committee but did not commit to any delay, saying he did not know how long such a delay would be.

Even Rep. Diana DeGette (D-Colo.) got a little snappy with Wheeler as she was trying to defend him against assertions by Republican commissioners that they were denied the ability to talk about items before the commission, even as the chairman was blogging and summarizing those items for outside stakeholders, the press and the public.