WASHINGTON, July 20, 2017 -- Questions over network neutrality and the ability of one nominee to be independent from his boss and the Trump Administration made for a far more contentious confirmation hearing than nominees to an independent agency like the FCC would normally receive, as the Senate Commerce Committee took up the nomination of newcomer Brenden Carr (R) and veterans Ajit Pai (R) -- currently Chairman -- and Jessica Rosenworcel, who was re-nominated by President Trump after he withdrew her nomination earlier this year.
Carr, a veteran of the federal communications bar who currently serves as General Counsel to the FCC, was the subject of aggressive questioning by democrats, including Ranking Member Bill Nelson, D-Fla, who asked the nominee whether he could be trusted to be independent of Pai once their relationship is one of equals and not employer and employee, and asked Carr if he could name one instance in which he disagreed with his boss.
Carr either could not or would not answer the question directly, but told Nelson that if confirmed he would make his own decisions and “call what I see based on facts.”
When pressed further for an example of disagreement between Chairman Pai and himself, Carr only offered a general statement that his views sometimes differed but couldn’t say as to when anything along those lines had ever happened.
Carr also claimed to be unfamiliar with several topics that one would expect a longtime FCC staffer to be conversant in, including the E-Rate program, which provides for discounted Internet access for schools and libraries. When asked how he’d vote on matters related to E-Rate, he claimed that it was “something I’m not familiar with” but promised to keep an open mind.
Both Pai and Rosenworcel, by contrast, said they were more than familiar with the E-Rate program, with the Chairman stating that the program was worth fighting for, and the Democratic nominee calling E-Rate a good thing for education.
Pai was also the subject of aggressive questioning by Republican Senators on the subject of Network Neutrality, with the goal of giving him the chance to support his decision to roll back Obama-era rules.
The Chairman told Sen. Mike Lee, R-Utah, that the result of the decision by then-Chairman Tom Wheeler (D) to reclassify broadband under Title II of the Telecommunications Act, was to create an environment of over-regulation which discouraged investment by broadband providers in rural areas, and in the growth of small local internet service providers.
And while Pai added that his goal was to return to a “Clinton-era light touch” regulatory environment, he was not able to provide a single example of the Title II reclassification causing companies to refrain from investing in broadband infrastructure.
Senate Commerce Committee Chairman John Thune, R-S.D., said at the end of the hearing that a vote on the three nominations could be expected within the next two weeks.