Congressional Democrats Don't See Fundamental Rift Yet With Pai, Despite Frustrations

Some Democratic legislators also said they're frustrated by the tardiness and tenor of Pai's responses to their queries, though the chairman got good reviews for his Capitol Hill relations from ex-FCC bosses of both parties. Hill Democrats' public opposition to Pai culminated in late September and early October with a barbed Senate floor debate on reconfirming the chairman to a new five-year term. The Senate voted 52-41 to reconfirm, with four Democrats siding with the Republican majority (see 1709150060, 1709280056 and 1710020062). The FCC didn't comment.

House Commerce Committee Chairman Greg Walden, R-Ore., and other GOP lawmakers we spoke with were universally complimentary of their relationship with Pai, while during Democrat Tom Wheeler’s chairmanship the Republican majority frequently criticized Wheeler. Walden described Pai's interactions with his office as “very thoughtful, very courteous.” House Communications Subcommittee Chairman Marsha Blackburn, R-Tenn., cited her longstanding relationship with Pai, which began when he became commissioner in 2012. “I've found him to be very helpful” when Republicans have sought information, she said: Pai “is one of those individuals who takes your call and gets back to you.” Rep. John Shimkus, R-Ill., and others were similarly laudatory.

Senate Commerce Committee Republicans echoed their House colleagues' assessment. “I don't hesitate to call [Pai] from time to time,” said Senate Communications Subcommittee Chairman Roger Wicker, R-Miss. “Sometimes he's able to accommodate me, sometimes he's not. I have a lot of respect for him.” Senate Appropriations Financial Services Subcommittee Chairwoman Shelley Moore Capito, R-W.Va., and Sen. Cory Gardner, R-Colo., cited Pai's willingness to work with them on policy issues important to them. “He's really into making sure rural America gets the attention it deserves,” Capito said. She cited Pai's visits to areas of West Virginia this year to champion rural broadband deployments and promote the Gigabit Opportunity Act (see 1707100045). “We've worked together on a number of rural broadband issues,” Gardner said.

Political Disagreements

Senate Democrats' public airing of their opposition to Pai's agenda during debate over his reconfirmation and concerns about Pai's response to President Donald Trump's recent comments threatening the "license" of NBC and other broadcast networks (see 1710160011 and 1710170022) show they “have some pretty foundational disagreements” with the chairman, said Senate Communications ranking member Brian Schatz, D-Hawaii. “But that shouldn't diminish our ability to collaborate when we can agree.” It “takes a lot more” than strong policy disagreements to cause a fundamental rift, Schatz said: Pai has “never lied to me and we have the ability to communicate.”

Senate Homeland Security Committee ranking member Claire McCaskill, D-Mo., recalled the strength of her working relationship with Pai, including shared concerns about management of the Lifeline USF program, as a major reason why she was among the Democrats to back reconfirmation.

House Democrats publicly cited Pai's early focus on some controversial policy issues as their chief area of animus, particularly given Pai's handling of the months-long lead-up to expected rescission next month of 2015 net neutrality rules and the related reclassification of broadband as a Communications Act Title II service. Democrats largely resisted GOP efforts this year on net neutrality legislation amid expectations there will be a legal challenge to likely reversal of the 2015 rules (see 1707130063). Pai “for the most part is doing terrible things” with policymaking, including the May NPRM that set up possible net neutrality rescission, changes to media ownership rules and other issues, said House Commerce ranking member Frank Pallone, D-N.J. “In areas where we can work together, I will, obviously,” he said: “But there's no working together” on net neutrality or some other issues.

“I think there's only been one issue so far that I've agreed with [Pai] about” -- his work to curb robocalls -- said Rep. Anna Eshoo, D-Calif. “This is not personal. I think it's my responsibility to call things the way I see them. If [Pai] is on his way to approve media ownership rules” seen to benefit Sinclair's proposed purchase of Tribune, “then you bet I'm going to speak up.” Eshoo was among several Democrats who cited concerns with Pai's response to Trump's license comments. “If [Pai] is not going to defend the First Amendment when [Trump] goes right up against it, you bet I'm going to go up against him,” she said. “These are among the most serious issues in our country. This is very serious business.”

House Communications ranking member Mike Doyle, D-Pa., said he has “an open door” to all commissioners regardless of whether they agree on policy issues. Pai “has met with me a couple of times” and “while we have some differences on his agenda and how he's proceeding, we've always been cordial to one another,” Doyle said. He acknowledged having a slightly closer relationship with former FCC Chairman Tom Wheeler because they “shared a similar vision on a lot of” telecom policy issues. Doyle cited Wheeler's attempt to push through a business data services overhaul order last year. The FCC removed Wheeler's proposed order from circulation in January after Pai became chairman (see 1701280001). Commissioners voted 2-1 in April to approve Pai's version of BDS overhaul (see 1704200020).

Frustrating Pai Responses

Pallone, some other Democratic lawmakers and aides note frustrations with what they perceive to be Pai's less-than-timely responses to some queries and the tenor of the responses they do receive.

Pallone said he and other House Democrats received “evasive” and “non-substantive” responses to letters, including Pallone queries about the FCC's Sinclair/Tribune-related media ownership rules. Pallone raised that concern with Pai during House Communications' October oversight hearing (see 1710250050).

Democrats “may not dislike Pai personally,” but the nature of Pai's responses to lawmakers rankles, one House Democratic aide said. Another objected to Pai's failure to respond directly to a call from Pallone, Doyle and Eshoo for the FCC to investigate reports that the Russian government-owned radio network Sputnik broadcast propaganda over U.S. airwaves in a bid to influence elections (see 1709180054). Pai lumped the issue with Trump's NBC license comments, saying only he would “continue to protect the First Amendment" (see 1711010062).

Former FCC Chairmen Reed Hundt (D) and Dennis Patrick (R) separately gave Pai high marks for his public handling of Congress. Pai “handles his congressional appearances extremely professionally” and his October speech in response to calls for him to comment on Trump's NBC licenses comments was “a very effective response," said Hundt, who served during President Bill Clinton's administration: “His biggest challenge so far has been with” Trump's administration, something “that's true for many” of Trump's appointees.

Pai has done “very well” navigating inherent tensions between members of Congress and an independent agency like the FCC, said Patrick, who served during the administrations of Presidents Ronald Reagan and George H.W. Bush. Those tensions included periods of partisan rancor dating back to at least Patrick's chairmanship, though it was less pronounced then, he said. “Things were quite partisan when I was chairman,” in large part because the FCC during that period eliminated the fairness doctrine. “That was a highly partisan and much-contested issue,” including “heated” opposition from congressional Democrats at the time when that party held both houses of Congress, Patrick said. But “there continued to be the ability to communicate and work on issues.”