Sir, i sir, i would be happy to get a specific legal response. I think that what the court saying is that the commission is proposing common carrier like Regulation Without stepping up and saying you are a common carrier a common carrier which is what essentially that statement says, i believe. Violating the Communications Act if you are doing these common carriage like requirements without making a finding that that in fact, they are common carriers. The specific order that was put out, was is subject to ordinary notice and comment . Specifically to what was the public able to look at the details and comment on it . There was a full notice and comment preceding longer than average. Was the public able to view the specific details and comment on the specific details of this order before it was adopted . The order was put out in keeping with the process. You are avoiding saying the word no. Because with due respect sir, the oreilly will never my question simply cause the public able to
Disagree with the majority of this panel on the socalled open internet rule. And i appreciate you doing it cheerfully but also forcefully. And i want you to help us understand the reasons that you have given procedurally and substantively under the statute. As to why this decision is violative of requirements and violative of the Communications Act. Senator, thank you for the question. I could go through all 67 pages but ill abbreviate it for the sake of the panel and for everyone watching. In short there are problems with process and substance. My view is the agency failed to comply with the administrative procedure act. In terms of giving public fair notice and an opportunity to comment on the proposal it adopted. Heres the indisputable truth. The fcc never proposed title 2. It adopted a proposal in may of 2014 that was based on section 706. Through the course of the summer it was wide reported that section 706 was the lead proposal. Tlart was reported that the hybrid proposal based
Of return carriers that would encourage broadband adoption. I know senator thune, senator coveture, led and i wanted to can i make a commercial just 30 seconds . Will it have the same unity your answer did earlier . Yes, sir. The answer is yes, sir, we are going to do that. We needd, the best in their job is worthy of Henry Kissinger and i hope we can have the help of you and senator thune and the committee to help send a message that says, hey folks, its time to quit bickering over details lets have a common approach. Because were going to move, and well make that decision if we have to make that decision. But it sure would be good if we understood that the various segments of the industry could pull together and say, hey this is the kind of north star youve got to be guiding to. Thank you, and i appreciate that. Were so close to each other i feel like we ought to be having a cup of coffee. Want a beer . Ill take that. Commissioner clyburn, this is something senator heller talked abou
Rural schools who currently dont get a fair shake out of the program to get funding for that program and connect kids with digital opportunities. Control of how thats delivered, correct . Im sorry. Its a possibility of losing control of how its delivered . Who is going to make the decision how i get that . All of us would set the Regulatory Framework in the private sector and have maximum incentive. I understand. Im not objecting to this. I want the best of both worlds i guess. I got a pretty good world right now. Can i make it better without throwing the baby out with the bath water and losing the protections ive got. Thats what im looking for. Senator you raise an excellent point. I have to say that the in this hearing room i keep hearing the echo of years ago sitting at this table when senator hollings was sitting up there in the chair and he kept saying in his great South Carolina draw im a born again deregulator. Because he learned as you said what are the realities when you say t
When commissioner pai and i disagreed last year on the way the slick lawyers were trying to take advantage of our rules on broadcasting. We are going to fix this. These are rules that have been in place since the bush administration. As the commissioner said weve got a rule making under way on this. We are going to issue a new Public Notice on this to make sure that this specific issue is teed up. And we are going to make sure that this that designated entities have the opportunity to participate and not to have designated as period beards for people who shouldnt. And senator i want you to know that ive been pushing for change in this since 2010. Its been a constant refrain from me to ensure more opportunities in the space. As you know, as was said, we are reviewing those applications. No final nothing final has been said. People have an opportunity to weigh in. Great. Thank you. Important issue. But i cant leave without addressing the commissions recent order. You know, i think its on