VIDEO : https://youtu.be/B4GYXLlNsGQ
WASHINGTON — Today, U.S. Senator Tom Udall spoke on the Senate floor against the nomination of Federal Communications Commission (FCC) Chairman Ajit Pai to serve another term on the FCC. Pai “has not been a vigorous watchdog for free speech. He has not put the people’s right to information first, ahead of corporate interests. And he has opposed policies outright that ensure underserved communities have access to essential technology,” Udall said.
In response to President Trump’s continued attacks and threats against the news media, Udall has repeatedly pressed Pai to assure Congress that he will defend the FCC’s responsibility to ensure equal and impartial access to information. Today, Udall said that Pai’s responses have been grossly insufficient. "I asked Chairman Pai point blank 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,” Udall said in his remarks. “The FCC must unequivocally stand up for the First Amendment. And the chairman needs to genuinely disavow the president’s unfounded attack on the media.”
Udall has been an outspoken critic of Pai’s proposals to roll back net neutrality. Andin his speech, he asked, “Who is against net neutrality? The mega-providers, like Comcast and Verizon – Chairman Pai’s old employer – who 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 out.”
Udall also raised his concerns about Pai’s reinterpretation of federal limits on media ownership to support the proposed acquisition of the Tribune Company by Sinclair Broadcasting. The change would allow Sinclair to reach 72 percent of the nation’s households, more than double the congressionally imposed 39 percent cap. "Traditionally, the FCC has interpreted its rules to prohibit Sinclair from making that deal,” Udall said. "But … 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."
Finally, Udall said he will continue to push the FCC to take action to close the digital divide and expand access to high-speed broadband in rural areas. "In my home state of New Mexico, our rural areas and Pueblos and Tribes do not have anywhere near adequate access to the internet. Approximately 63 percent of people living on Tribal land lacks access to acceptable fixed broadband speeds — compared to only 17 percent of the U.S. population as a whole. This gap is even higher for residents of Tribal lands in rural areas, with approximately 85 percent of Tribal members lacking access. We all know that in today’s world broadband internet is essential to virtually all successful economic and commercial activity – essential to everyday life in America."
The full text of Udall’s remarks as prepared for delivery are below.
Madam President, I rise in opposition to the re-nomination of Mr. Ajit Pai to the Federal Communications Commission.
Mr. Pai, both as an FCC member and now as chairman, has not been a vigorous watchdog for free speech. He has not put the people’s right to information first – ahead of corporate interests. And he has opposed policies outright that ensure underserved communities have access to essential technology. I strongly oppose his re-nomination to the commission.
Let’s begin with his responsibility to guard First Amendment rights.
President Trump, who appointed Mr. Pai and has re-nominated him as chairman, has relentlessly attacked NBC, CBS, ABC, CNN, The New York Times, The Washington Post. He calls 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 oversight hearing, I asked Chairman Pai point blank 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 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 “the president has made clear that 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 genuinely 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 and codified net neutrality. The principle underlying net neutrality is simple and fair. It means that internet service providers must treat all internet traffic equally.
They can’t block access to particular websites, apps, or services. And they can’t give “fast lanes” or special treatment to websites or apps that pay more, or are favored by some company’s executives.
Consumers benefit because internet service providers can’t “pick winners and losers in the online marketplace for services and ideas,” in the words of President Obama.
Our democracy benefits because the internet lowers the barriers to communication. But not if the massive companies that control the infrastructure can erect new ones.
As a commissioner, Pai voted against that pro-consumer measure. And as 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.
So, who is against net neutrality? The mega-providers, like Comcast and Verizon – Chairman Pai’s old employer – who can benefit financially from giving advantage to selected websites.
But Chairman Pai’s record is that – if there is a choice between consumers and big corporations – corporations win out.
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 Ultra High Frequency – or UHF stations – can own. 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 dollar deal would give Sinclair control over 200 more local television stations, and expand its market to 72 percent of the television-owning households.
Here’s a chart that shows how expansive Sinclair’s proposed takeover would be.
Traditionally, the FCC has interpreted its rules to prohibit Sinclair from making that deal. But Chairman Pai authored an order in April re-interpreting 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 air waves. Congress explicitly wants to prevent one media organization from having an out-sized influence over the nation.
Madam President, 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. And thus, 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, our rural areas and Pueblos and Tribes do not have anywhere near adequate access to the internet. Approximately 63 percent of people living on Tribal land lacks access to acceptable fixed broadband speeds -- compared to only 17 percent of the U.S. population as a whole. This gap is even higher for residents of Tribal lands in rural areas -- with approximately 85 percent of Tribal members lacking access.
We all know that in today’s world broadband internet is essential to virtually all successful economic and commercial activity - 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. Expanding electricity and telephone service across this country cost money. The government played a big role.
We must do the same for rural broadband. Senate Democrats have made a number of concrete proposals recently. I urge Chairman Pai to take them seriously.
Madam President, members of the commission must be 100 percent committed to the principles of free speech, and to protecting consumers and the underserved. Mr. Pai’s record does not give me sufficient confidence that he shares that commitment. And therefore, I cannot support his re-nomination.
