The Watch The Fourth Body Onlinegovernment's primary media regulator has a new leader—and he's among the most outspoken critics of the net neutrality regulations put in place during the Barack Obama administration.
Aji Pai, who's served as an FCC commissioner since 2012, has been selected by President Donald Trump as the next chairman of the Federal Communications Commission, a role that will give him serious power to reshape how the government regulates the media and the internet.
Pai's appointment is a death knell for the major changes put in place under outgoing chairman Tom Wheeler, which gave the FCC greater power to prevent internet providers from blocking websites, throttling traffic, striking deals to create fast lanes, or really, anything else that would violate the principles of net neutrality.
Pai can be appointed immediately, since he was already a commissioner. He'll be filling two open slots for FCC commissioners, all but guaranteeing a Republican-leaning FCC.
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The appointment shouldn't come as a surprise to anyone, as Pai was previously reported to be among the leading candidates for the job. Pai has been a staunch conservative regarding government regulation, and was among the loudest voices to come out against the FCC's move towards net neutrality, on the basis that the it wasn't legal per the FCC's powers. He also argued that the new regulations would end up doing harm, by reducing incentives for companies to expand broadband networks.
Pai penned a 67-page dissent against the FCC's ruling, concluding:
"The threat to Internet freedom has awakened a sleeping giant. And I am optimistic that we will look back on today’s vote as an aberration, a temporary deviation from the bipartisan path that has served us so well. I don’t know whether this plan will be vacated by a court, reversed by Congress, or overturned by a future Commission. But I do believe that its days are numbered."
Turns out, he's almost certainly right. Pai's deep expertise at the FCC and experience with the topic of net neutrality mean he's among the most qualified to execute on the desire to reverse the regulator's efforts—though it could still prove difficult.
Gigi Sohn, a lawyer that served at the FCC as an adviser to Wheeler, who's now at the Open Society Foundation, explained that Pai might be the most effective choice for a quick repeal of net neutrality protections.
"Ajit Pa is very smart. He knows the agency incredibly well, having worked there as a staffer and a commissioner. And for that reason, he's extremely scary for those of us that believe the FCC should have a role protecting consumers, promoting competition and ensuring fast, fair and open networks," said Sohn.
Pai might be the most qualified person to roll back the regulations, but that doesn't mean he's got an easy road ahead of him. Any effort to change the previous FCC action will almost certainly be met by a legal effort by supporters of the previous regime, which will embroil the FCC in a fight bound to attract the attention of the public.
More likely, Pai can exert his power on the FCC's investigations, essentially not aggressively enforcing the rules. He could, for example, end the inquiries into the zero-rating programs of AT&T and Verizon, which some say violate net neutrality principles.
Pai, who's also veteran lawyer generally regarded as an expert in telecommunications law, was most recently one of the four non-chairman commissioners that make up the FCC (and one of the two Republicans nominated by Barack Obama).
Pai started his career as a trial lawyer for the U.S. Justice Department focused on antitrust issues in the telecom industry. He then worked as a lawyer for telecom giant Verizon Communications. Pai then went back into public service, eventually ending up at the FCC. Between his work as a lawyer and his service as a commissioner, Pai has spent more than eight years at the FCC.
Pai's appointment is a major victory for the anti-regulation forces in Washington, D.C., including the telecom companies who've been fighting against the FCC's net neutrality ruling. In September, Pai put forward a plan that sought to reduce regulations and offer tax incentives in order to encourage companies to bring broadband internet to rural and underserved areas.
Reaction to Pai's appointment was split pretty clearly along partisan lines, which also tended to either support or oppose the FCC's previous net neutrality efforts.
Berin Szoka, president of Tech Freedom, a thinktank that advocates for less regulation, said in a statement: "There’s no better pick to reform the agency and restore its independence and integrity. Pai has already laid out an agenda that should command bipartisan support on a wide range of issues."
Comcast offered a similar endorsement: "This is a terrific appointment for the American consumer and the companies the FCC regulates and we look forward to continuing to work with Chairman Pai in his new role.”
On the other side, Sen. Ed Markey of Massachusetts immediately drew a line in the sand: "We need an FCC that protects consumers, promotes competition, and spurs innovation,” Markey said in a statement. “I will vigorously oppose any efforts by leadership at the FCC to undo net neutrality and broadband privacy rules, undermine E-Rate, or roll back any fundamental consumer protections.”
Topics FCC Net Neutrality
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