The FCC Proves Washington Still Works
Although you wouldn’t know it from the daily news cycle, much of the machinery of government is going full throttle trying to create jobs and spur growth. At my old agency, the Federal Communications Commission (FCC), Chairman Ajit Pai is focused on positive changes to outdated rules by proceeding with major initiatives combined with a refreshing commitment to openness.
Historically, the FCC kept the text of its proposed reforms locked up behind closed doors until after a vote by the full Commission. In the case of the agency’s 2015 Open Internet Order, the FCC never even released a draft decision, despite sweeping changes from the agency’s original proposal and a call for openness by then Commissioner Pai. The FCC continued to hide the new rules from public view for two full weeks after the agency voted to enact them.
Fortunately, Chairman Pai reversed this process, with the bipartisan support from his fellow Commissioners. The FCC now makes the text of every proposed major rulemaking public at least three weeks prior to any final vote. This nearly unprecedented move puts an end to back-room dealing that excludes input from any and all interested parties and thus helps return governance to the people.
The FCC is using this new transparent process to revisit the open internet rules consistent with its statutory mandate, with a focus on promoting investment and job creation. This effort will restore the traditional light-touch regulatory approach that unleashes creativity and competition. It also promises to turn around the $2.4 billion drop in broadband investment we have experienced during these last two years of Title II government oversight.
Pai has his critics, of course. They claim that eliminating Title II utility regulation will undermine internet openness and “net neutrality.” But net neutrality and internet freedom have always been the norm and will continue in the absence of paternalistic federal rules. All major internet providers have voluntarily committed to these principles, and the Federal Trade Commission (FTC) is readily able to police those commitments. Moreover, there is bipartisan support in Congress for a farther-reaching and permanent net neutrality law, which will bring this issue to a close using the legislative process.
In a classic case of “no good deed goes unpunished,” some of Pai’s critics have taken issue with the FCC’s release of the updated proposed new rules on the eve of Thanksgiving. But it was Pai’s predecessor — a Democratic Chairman — that set the December 14th meeting date. The chairman was simply releasing the proposed order three weeks in advance of that vote consistent with this new approach towards more transparency. If Pai’s critics were seriously concerned with the transparency process, they would applaud him for setting a new standard for openness with the public release of his original net neutrality proposal, the long period he allowed for public comment, and now the public release of his draft order.
Nearly all Americans want a free and open internet, widespread access to affordable fixed and mobile high-speed broadband, and a competitive communications marketplace with expanding investment, innovation, and jobs. No party has a monopoly on the best ideas for achieving these shared goals; there are legitimately different perspectives on how to do this. Such differences of opinion are fair game. But it’s disingenuous to argue that Chairman Pai has been anything but transparent about his plans and policies.
In reality, the chairman is showing that even in an age of extreme gridlock and partisanship, Washington can still get things done — especially when driven by a commitment to transparency, fairness, and the public interest.
Kathleen Abernathy is Special Counsel at Wilkinson Barket Knauer LLP. She served as a Commissioner on the Federal Communications Commission from 2001 to 2005.
