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COMMITTEE ON COMMERCE, SCIENCE,
AND TRANSPORTATION

if WASHINGTON, DC 20510- 6125

 

WEBSITES: mercesenategov

March 10, 2017

The Honorable Aj it Pai

Chairman

Federal Communications Commission
445 12th St., sw

Washington, DC 20554

Dear Chairman Pai:

The Federal Communications Commission (FCC) is the sole federal agency to which
Congress has conferred direct regulatory responsibility over the nation?s media.

Media independence is a hallmark of this great nation which is why it is troubling to
hear various members of the administration openly attack the media.

As FCC chairman, you have direct authority over the nation?s broadcast and media
marketplace. Your independent agency controls whether broadcast stations are allowed
access to the US. airwaves, oversees elements of the contractual relationships between
media outlets and their distribution partners, renders judgements on mergers and
acquisitions of media properties, and issues regulations that can affect the financial future
of major media companies. And ultimately, the decisions that you, your fellow
commissioners, and the agency staff which you oversee make affect the viability and
sustainability of news media.

However, we ?nd your lack of full transparency at this week?s hearing in the Senate
Committee on Commerce, Science, and Transportation on FCC oversight to be
unfortunate for someone who has been renominated to head the

commission. Speci?cally, your refusal to answer straightforward questions about how
you view the media and whether you will uphold the First Amendment rights of
journalists and media outlets is concerning.

While you have long claimed to be an advocate for the freedom of the press and the First
Amendment, your silence on the matter and refusal to take a stand against threats levied
at the media is troubling given your regulatory and oversight role over the industry.

The Honorable Aj it Pai
March 10, 2017
Page 2

Moreover, such a lack of response could call into question the ongoing independence of
the FCC under your watch.

Accordingly, we ask you to respond directly, fully, and individually to the questions
below, which will inform our ongoing consideration of your renomination for an
additional ?ve-year term on the FCC.

1) Do you believe the media is the ?enemy? of the American people?

2) Can you assure us that you will exercise your authority as chairman of the FCC to
regulate the media in an impartial manner?

3) Will you commit to us that the FCC will not act in a manner that violates the First
Amendment and sti?es or penalizes free speech by electronic media, directly or
indirectly, even if requested by the administration?

4) Did you commit to the administration, as a condition for your elevation or
renomination as chairman of the FCC, to take any action against a speci?c media
entity or generally against broadcast entities, cable network owners or other media
outlets?

5) Will you commit to us that you will exercise your authority as chairman of the FCC in
a manner that fully respects the absolute independence of the agency from the
executive branch?

6) Finally, will you commit to inform us and the public of any attempt by the White
House or by any executive branch official to in?uence your decision?making or direct
you to take or not take any action with respect to media interests within your
jurisdiction, including the license renewal applications for broadcasters (whether or

not such contacts fall under the ex parte rules or other legal or ethical rules applicable
to the 

 

The Honorable Aj it Pai
March 10, 2017
Page 3

Please provide your responses no later than 5 pm. on Friday, March 17, 2017.

BILL NELSON
Ranking Member

MARGARET WOOD HAS SAN
Member

A WNW

AM BUCHAR
Member

Ranking Member, Subcommittee
on Communications, Technology,
Innovation, and the Internet

Sincerely,

gum

TOM UDALL
Member

WM

MARIA CANTWELL

Ranking Member, Subcommittee
on Aviation Operations, Safety,
and Security

Macaw

RICHARD BLUMENTHAL
Ranking Member, Subcommittee
on Consumer Protection, Product
Safety, Insurance, and Data
Security

EDWARD J. EY a

Ranking Member, Subcommittee
on Space, Science, and
Competitiveness

 

The Honorable Aj it Pai
March 10, 2017
Page 4

A. HOOKER

Ranking Member, Subcommittee
on Surface Transportation and
Merchant Marine Infrastructure,
Safety, and Security

7251?.

AMM 7BALDWIN
Member

Mm

CATHERINE CORTEZ MASTO
Member

cc: The Honorable John Thune, Chairman

m2; 
Ranking Member, Subcommittee

on Oceans, Atmosphere,
Fisheries, and Coast Guard

DUCKWORTH
Member