After reports surfaced of a meeting between then sitting Republican Federal Communications Commission (“FCC”) Commissioner Ajit Pai and the then president-elect at Trump Tower in NYC less than one week prior to the January 20th inauguration, Donald Trump made it official on January 23rd, elevating Pai to Chairman of the FCC. While many industry observers had expected him to be named Chairman on an interim basis, President Trump ultimately tapped him to lead the FCC on a permanent basis. In a public statement, new Chairman Pai said, “I look forward to working with the new Administration, my colleagues at the Commission, members of Congress, and the American public to bring the benefits of the digital age to all Americans.”
Pai received congratulations from his two remaining FCC colleagues. Fellow Republican Commissioner Mike O’Rielly complimented Pai and said, “I know the Commission will thrive under his leadership, and I look forward to working with him and his team to tackle the challenges and capitalize on the opportunities that will present themselves.” Democrat Commissioner Mignon Clyburn also commended him, saying “Ajit is bright, driven and committed to bringing connectivity to all Americans” and expressed hope that they could “come together to serve the public interest by supporting competition, public safety, and consumer protection.”
Unlike other recent nominees by President Trump, Commissioner Pai is no stranger to Washington, DC. Originally nominated by President Obama at the recommendation of then Senate Minority Leader Mitch McConnell (R-KY), he was confirmed by the United States Senate on May 7, 2012, and was ultimately sworn in on May 14, 2012, for a term that officially concluded on June 30, 2016. While he has yet to be reconfirmed, he can serve, however, at the FCC through the end of 2017, even if not reconfirmed. Furthermore, his assumption of the new role of Chairman would not require Senate approval because he has already been confirmed to serve at the FCC. If he does remain at the FCC as Chairman beyond the end of 2017, though, he would need to be reconfirmed by the Senate.
Pai will bring a deep well of rounded experience to the Chairmanship of the FCC, having served in numerous capacities in the telecommunications industry and public service. Pai began his career in Washington as a lawyer for the Department of Justice (“DOJ”) on the Telecommunications Task Force, where he worked on various telecommunications proposed mergers and acquisitions. In 2001, Pai moved from the DOJ to Verizon Communications, where he acted as Associate General Counsel for a little over 2 years. He departed Verizon for the U.S. Senate, serving as Deputy Chief Counsel to the U.S. Senate Judiciary Committee’s Subcommittee on Administrative Oversight and the Courts under then Senator Jeff Sessions (R-AL). After returning briefly to the DOJ for a second stint, this time serving as Senior Counsel in the Office of Legal Policy, he went back to the U.S. Senate Judiciary Committee as Chief Counsel to the Subcommittee on the Constitution, Civil Rights, and Property Rights. Finally, between 2007 and 2011, Pai held several positions in the FCC’s Office of General Counsel, serving most prominently as Deputy General Counsel. Most recently, prior to being confirmed as Commissioner, Pai worked as a Partner in the Communications Practice in the Washington, DC office of Jenner & Block.
As a vocal critic of former Democrat FCC Chairman Tom Wheeler’s policies throughout his tenure at the FCC, we can expect incoming Chairman Pai to move quickly to undo many of the Wheeler legacy policies. In a December 2016 speech, he expressed his support for limited government involvement, saying, “We need to fire up the weed wacker and remove those rules that are holding back investment, innovation and job creation.”
To that end, we can expect him to explore in his early days as Chairman regulatory maneuvers to undo or roll back the FCC’s 2015 network neutrality order that reclassified broadband under Title II of the Communications Act and regulated the internet under its common carrier provisions as a public utility. In a December 19th letter, then Commissioner Pai, along with Commissioner O’Rielly, both of whom dissented from the original order, wrote to five industry trade associations saying they would “seek to revisit . . . the Title II Net Neutrality proceeding . . . as soon as possible.” Similarly, more recently Commissioner Pai slammed a January 11th FCC Wireless Bureau report on certain zero-rating offers, which some companies employ to exempt their own video services from wireless data caps, calling it a “regulatory spasm” and announcing that it would “not have any impact on the Commission’s policymaking or enforcement activities following next week’s inauguration.”
News of Pai’s ascension to Chairman drew mixed, yet expected, results. On the Republican side of the aisle, U.S. House Energy and Commerce Committee Chairman Greg Walden (R-OR) and Communications and Technology Subcommittee Chairman Marsha Blackburn (R-TN) issued a joint statement, saying, “Today we welcome a new era of leadership and decision making at the FCC . . .Commissioner Pai’s expertise on the issues has been well documented and we’re looking forward to working with him to advance conservative, thoughtful solutions at the FCC.” Senator Marco Rubio (R-FL) tweeted his congratulations saying that he looked “forward to working with him & seeing [the FCC’s] proper role restored.”
On the Democratic side, Senator Maria Cantwell (D-WA) expressed her disappointment in a January 23rd letter to President Trump, stating “I am disappointed that your choice to guide the commission is not a supporter of the FCC’s strong rules to protect an open internet, putting at risk our robust net neutrality rules and the three million internet economy jobs it supports.” The public interest community also have expressed concerns about reports of Pai’s designation. Free Press President Craig Aaron minced no words, stating, “Ajit Pai has been on the wrong side of just about every major issue that has come before the FCC during his tenure.”
Originally hailing from Parsons, Kansas, Pai is the son of immigrants from India, both of whom practiced as doctors at the county hospital. He attended Harvard University for undergrad and then earned his law degree from the University of Chicago.
