Pai Schedules No Votes, Only Reports, at Jan. 13 Commissioner Meeting

Contrary to expectations, FCC Chairman Ajit Pai decided not to seek action on any items at the Jan. 13 commissioners’ meeting (see 2012210051). Pai on Wednesday released a meeting agenda that lists five panels updating commissioners on various parts of the FCC’s work. The meeting will be Pai’s last as chairman. Industry officials said Pai’s strategy means he can highlight the work he has done while avoiding complaints or letters from Congress that he must stop doing anything major.

Industry experts said it never made sense for Pai to hold a meeting of substance a week before the Biden administration takes office. Some items, like the latest Communications Act Section 706 report, could still get a vote electronically (see 2012160051). Industry officials are watching whether Pai will seek a vote on a declaratory ruling on Communications Decency Act Section 230, though that appears unlikely (see 2012110055). FCC officials said if Pai didn’t circulate an item by Wednesday, he likely is out of time to force a vote under must-vote rules. Pai will likely still seek a vote on 12 GHz rules and a few other items before he leaves, industry lawyers said.

For industry, the most significant question was whether there would be a vote on the 3.45-3.55 GHz band, following up a Further NPRM approved 5-0 in September (see 2009300034), New Street’s Blair Levin told us. “It could be that they thought acting on that could affect the [C-band] auction, but I kind of doubt that. At this point the auction is so in the stratosphere.” The 3.45-3.55 GHz band is considered the next big one for 5G, adding to the spectrum that carriers will get from the ongoing C-band auction.

“I’m sure there were pressures to use the January meeting for more substantial items, but actually using this meeting to push through outstanding issues would have been relatively unprecedented,” said Targeted Victory Vice President-Public Affairs Nathan Leamer, a former Pai aide.

“This is the more normal scenario, but we were all hearing Pai was going go full throttle until the last day,” said Benton Institute for Broadband & Society Senior Counselor Andrew Schwartzman.

The agenda was a surprise, emailed Michael Calabrese, director of the Wireless Future Program at New America. “Let’s hope this is a holiday season for ‘pencils down’ and not the prelude to sweeping controversial items such as the 3450-3550 MHz auction behind a curtain of secret negotiations and horse-trading among items on circulation,” he said: “Pai deserves enormous credit for enhancing the transparency of FCC rulemaking by circulating the actual draft of important orders to the public three weeks prior to a public vote at the monthly meeting. Hopefully he will not betray that important achievement during his final few weeks in charge.”

“I am just a little bit surprised there are no substantive items on the agenda," emailed NARUC General Counsel Brad Ramsay. Whether one agrees with Pai's policies or not, "there is no doubt that he didn’t duck issues because they were either controversial or difficult." Ramsay noted he appreciated Pai's formalizing "the process of releasing all texts in advance with a short summary of the item up front."

“The FCC’s monthly meetings showcase the agency’s highest-profile work,” Pai blogged Wednesday: “By any metric, we have been more productive, more collaborative, and more transparent since January 2017 than at any time in recent history.” In 48 meetings he chaired, Pai said the FCC voted on 286 items, an average of nearly six per meeting.

“I have asked FCC Bureaus, Offices, and Task Forces to prepare presentations highlighting their most significant accomplishments over the past four years,” Pai said. “It’s been a privilege to work alongside these outstanding public servants. Three weeks hence, the spotlight properly should shine on them.” Pai billed the meeting as his "Grand Finale."