Pai, Carr Condemn Trump Amid Pai's Final FCC Meeting as Chair

Chairman Ajit Pai’s final FCC commissioners' meeting Wednesday and its subsequent news conferences included condemnations of President Donald Trump by Republicans, speculation about future action on social media moderation, and presentations on staff work during Pai’s tenure. Pai said he had planned pre-election to leave the post after a single term, declining to comment on his plans or the second impeachment of President Donald Trump.

Trump made “a terrible mistake” to pretend the election results could be changed and in his response to last week's attack on the Capitol, Pai said during a post-meeting news conference. He confirmed that his condemnation of efforts to stop the Electoral College ratification and ensuing violence were aimed at the outgoing president. Commissioner Brendan Carr made similar comments during his own news conference.

“It is clear to me that President Trump bears responsibility,” Carr said, repeatedly emphasizing he's focused on “the peaceful transfer of power.” In meeting remarks, Commissioner Jessica Rosenworcel also condemned the attack on the Capitol. “To watch those disowning the hatred that brought us here when for too long they walked too casually alongside it is difficult,” said Rosenworcel. Pai and Carr said the matter of impeachment was up to Congress. The House voted to impeach later in the day.

Pai won’t shut down the proceeding on Section 230 of the Communications Decency Act, he told reporters. The item will remain pending, but the agency won’t act on it because there isn’t sufficient time before he steps down, he said. Pai said the decisions social media companies have been making to ban accounts over incitements to violence illustrate the current “very fluid situation” and lack of transparency about how such decisions are being made. It's “unclear” whether social media moderation policies are being applied equally or consistently, Pai said.

Pai repeated his support for Congress to invest $50 billion over a five-year period for USF to allow some “breathing room” and find a long-term solution. “I hope the next FCC is willing to engage in that conversation,” he added. Carr likewise responded that Pai's idea has merit and is worth exploring.

Carr, who had been vocal on the issue, said he expected the matter of social media moderation to be important after the transition. He said current policies are “producing errors in both directions” because newspaper content is being taken down while threats and fighting words remain up. There's “plenty of time to continue to engage on this,” Carr said.

Asked whether association with the Trump administration could affect his future job prospects, Pai declined to answer and said he hasn’t made plans. He told reporters he had planned to step down regardless of who won the presidential election. “We made a decision as a family we would be departing in early 2021,” he said. “I thought the timing was right to turn the reins over to other talented public servants at the commission.”

Wednesday’s meeting was almost entirely given over to presentations from bureaus and offices about their accomplishments during Pai’s tenure. The presentations consisted of long lists of agency actions, interspersed with Pai and commissioners praising staff or ribbing them about their sports allegiances. Wireless Bureau Chief Donald Stockdale highlighted the work under Pai to open new bands for 5G. “Four years ago, 5G was little more than a buzzword,” Stockdale said. “As of today, one carrier reports deployment to areas where over 80% of our nation's population lives.” Wireline Bureau Chief Kris Monteith praised the commission’s effort to administer the $200 million COVID-19 telehealth program and exhaust the budget “within a matter of weeks.”

Enforcement Bureau Chief Rosemary Harold touted the commission’s “groundbreaking case” on pole attachment rates and other actions to combat USF fraud, and the agency’s new powers to punish pirate radio landlords. Media Bureau Chief Michelle Carey and General Counsel Tom Johnson cited the agency’s Supreme Court appeal on media ownership to be argued Tuesday. In his media call, Carr said it would be difficult for the new administration to shift its stance on that appeal after oral argument has happened. Carey highlighted Pai’s media modernization program, which she said led to 22 proceedings and 26 rules eliminated and updated. Public Safety Bureau Chief Lisa Fowlkes listed every hurricane and tropical storm the agency dealt with during Pai’s chairmanship.

​​​​​​​Speaking at his first meeting as commissioner, Nathan Simington commended Pai and said FCC staffers have done great work in uncertain and uncomfortable times. Carr said he owes Pai a great deal, and even frequent opponent Rosenworcel weighed in on Pai’s handling of the pandemic: “He went above and beyond to keep the staff of this agency informed and engaged in a time of real crisis.”