Funding level . Problematic changes mr. Pai we have not made any decisions on that score. Were trying to make sure the program works. Mr. Markey you wont make a commitment you wont reduce the funding . Mr. Pai were studying ways to improve mr. Markey ms. Rosenworcel, will you do that . Ms. Rosenworcel it is a successful one and i believe the changes put in place in 2015 have been successful. They have reached schools and students in every state across this country. Mr. Markey mr. Carr, will you commit you wont reduce the funding . Mr. Carr i have an open mind as to what the budget and number should be. Have to make a decision when the record is developed on it. Mr. Markey i havent heard clear commitments and i think thats very troubling to be honest with you. Because this is the democratizing force within our society as each of you made clear you believe that its key for our future. Reducing the fund something not going to help to make sure that every child in our country has access to the technology they are going to need in order to compete not only in our own country but globally in the 21st century. I have not been satisfied with the answers which i have heard. Again, ms. Rosen worsele, are you saying you will not reduce the funding . Ms. Rosenworcel i will not reduce the funding. Mr. Markey thank you. Mr. Carr, mr. Pai, i wish i heard the same commitment from you as well. Thank you, mr. Chairman. Chairman thune thank you, senator markey. I arrived at the appropriate time which is my turn to talk and hold the gavel. Let me start with all three of our nominees. Were following the repack issue closely. Last week the f. C. C. Announced the total reported reimbursement cost received for broadcasters required to repack as a result of the spectrum auction was over we know the Relocation Fund is only authorized to 1. 75 billion. Chairman moran if that number is correct, then there is a significant funding shortfall. Any request or suggestions that the commission and Congress Need to act to provide Additional Resources to prevent broadcasters from going dark . Do you believe that the 39month repack deadline is sufficient . Mr. Pai thank you for the question. As you pointed out the estimates have come in. A little bit above 2. 1 billion. Our Fund Administrator and the f. C. C. s career staff will have to evaluate those cost estimates and determine whether they are appropriate or not. That number, 2. 1 could go down or up. I am in the position to say at this point that we expect, our anticipation is that the required expenses to reimburse these broadcasters will be above 1. 75 billion. I would expect that it would be necessary if broadcasters are going to be harmless in this repack that congress would have to provide additional funding. Chairman moran any other nominees . Let me follow up, if not, about the time deadline. Mr. Pai yes. Were obviously this is a very complex process. We have a number of different phases to which broadcasters have been assigned. We have given them the opportunity to seek position in a different phase. I am not in a position at this point to seer say whether the 39month period is not going to be sufficient. If we get any semblance of record that would suggest it isnt going to be sufficient, we will certainly notify the committee promptly. Chairman moran let me turn to 5g. Were the world leader in 4g. I am worried were not taking the necessary steps to maintain that leadership as we attempt to deploy 5g. Im told by carriers that the regulatory barriers to deploy Small Cell Networks are outdated, hampering investment in economic growth. Would you agree that 5g deployment is critical for our economy. What steps, if so, is the f. C. C. Taking to eliminate barriers and costs to deployment . Mr. Pai i do believe it is be absolutely it is absolutely essential to develop 5g. Our goal is to make sure the u. S. Is at the forefront. There are two basic Building Blocks in terms of the successful 5g economy, one is spectrum and one is infrastructure. With respect to spectrum i think the agency is looking for several years now. A unified voice we want to be as inclusive as we can in terms of low, mid, and high band spectrum. We want to keep as much as we can for commercial use and 5g innovators to experiment with. We did this inquiry that well vote on august 3. In terms of infrastructure you have pointed out one of the key problems is that there is a lot of infrastructure thats required for 5g networks. A large cell tours were talking tens of thousands of small cells and other small infrastructure. We need to make sure our regulatory review is tailored to the nature of the employment and make sure we work cooperatively with all stakeholders, including governments, in order to make sure our 5g economy thrives consistent with the public interest. Commissioner moran commissioner rosenworcel or mr. Carr. Ms. Rosenworcel thank you for the question. Will forward, the network be very different in 5g than 4g. Well have small cells dotting our landscape. We need to make sure not just f. C. C. Policies but National Environmental policy and National Historic preservation policies are adjusted to reflect the realities of those facilities which are very different than traditional large cell towers. Mr. Carr 5g deployment is very different. I say its about jobs and the economy. We get the framework right it could be 275 billion in the next decade in the next decade. When you combine it with i. O. T. , you are looking at a trillion dollar boost to the economy so we need to get this all right. Senator moran thank you. Let me ask chairman pie. When do you expect to have the hearings finalized to have spectrum available, the status of the spectrum frontier proceedings . Mr. Pai senator, we dont have a particular time frame but we are actively studying it and we are working with stakeholders to look at the frontier bands that are teed up and we can take action where where more deliberation is needed we will obviously put those on hold. So i cant give you a specific time frame but i can tell you its the top priority in terms of spectrum policy at the commission. Senator moran thank you all three. Senator shotts. Senator shotts thank you, chairman. Thank you to your families. Congratulations. I want to followup. Mr. Carr, i want to ask you the first question. Whether its seven of million, eight million, 10 million comments, would you say its a Record Number of comments . Mr. Pai mr. Corbin thats right. Senator schatz i understand you have a legal matter when considering this but what weight is it the fact that millions of people have expressed themselves with the f. C. C. , an historic number, what weight does that get . Mr. Carr senator, its very important. It shows the number of interest and passion on this issue and its interesting that we need take into account. Senator schatz thank you. Commissioner pie, during your confirmation hearing i asked if you agreed with the president s comments calling the media the enemy of the state. At the time you didnt answer the question totally on point. And i understand. Youre a trump appointee and youre trying to strike that right balance in terms of being an independent agency but still unsding you are a trump appointee understanding you are a trump appointee and not being part of president ial politics or politics. Since then the president has made a number of things about the media. He says its fake news media, garbage media and made unsubstantiated claims about networks. The president posted a video of himself wrestling cnn with the fraudnewscnn. On june the president fweeted, the amazon Washington Post sometimes referred to as the on of the newspapers guardian of news is fake news. Chairman pai, since we last heard from you and given that context, have there been any direct or Indirect Communications about the media between you, your office and the white house that this committee should be aware of . Mr. Pai senator, thank you for the question. I have consistently stated that i believe and i dare say my colleagues at the f. C. C. Believe that First Amendment freedoms, including the freedom of the press, are critical, that we value what broadcasters, newspapers and others do to keep people informed and i consistently stood up for that value throughout my time at the commission. And if i were ever asked by anyone in the administration to take retaliatory action, for instance, immediate regulatory proceeding i would not do so. Senator schatz ok. Have there been any communications about the media between you, your office and the white house that the committee should be aware of . Mr. Pai senator, ive been aware of the comments that the president has made. Senator schatz right. Has there been any communication that this committee should be aware of in light of the exchange that youve had with members of the committee during the confirmation hearing . I understand your position. I understand that youre saying , were you to ever be asked to do anything inappropriate you would decline to do anything inappropriate. My question is, have there been any overtures or Communications Direct or indirect that we ought to be aware of in light of the sort of unsatisfactory resolution of this issue in the first hearing . Mr. Pai senator, i dont believe so, but if that ever changes i commit to the committee and to you i will make sure you are informed. Senator schatz thank you. Mr. Carr, in 2014 when president obama expressed his support for Net Neutrality rules, the department of commerce submitted an ex parte notice with the f. C. C. Officially putting the president s statement in the record. Did the white house this white house file an ex parte with the f. C. C. Yesterday when it announced its support for the current proceedings unravel the open Internet Order . Mr. Carr i am personly not aware of any filing at this time. Senator schatz is one required, as g. C. Of the commission, do you believe one is required . Mr. Carr just a standard under the ex parte rules. Reparticular lated detail standard in the ex parte rules, i have to refresh my recollection. Senator schatz can you followup with the committee on this issue . Mr. Carr i would be happy to. Senator schatz thank you to your family. What happened to you is unfair. We have to move expeditiously on your nomination. And a quick question for each erate. Ominees on school broadband, thanks to erate modernization, do you commit to keeping the current Erate Program intact to make sure all of our countrys students can get the connectivity that they need . Mr. Pai senator, absolutely. That is my commitment going forward. Senator schatz thank you. Ms. Rosenworcel yes, absolutely. Mr. Carr yes, i agree. Senator schatz thank you. Senator moran senator blumenthal is recognized. Senator blumenthal senator moran, thank you. I just want to pursue very quickly the questions that my colleague, senator schatz, asked regarding contacts with the white house. Are you aware of any contacts or intervention by the white house in any past or pending erger, including the atand t and time warner at t and time warner merger . Mr. Pai no one has asked anything of me on any kind of pending transactions. Senator blumenthal those types of contacts would be improper and illegal, is that correct . Mr. Pai i would say as a leader of an independent agency its our goal to be an independent actor reviewing the facts as we see them, not how others see them. Senator blumenthal i have been alarmed by reports and ive written to the nominee by the Trump Administration for his attorney for antitrust expressing my concern about those reports that indicated that the white house might try to use the merger as a way to impede or intimidate the exercise of the First Amendment rights and you would be troubled as well i would assume . Mr. Pai senator, absolutely. As i suggested to you yesterday, im an antitrust lawyer by training. I look at the facts in the law and i dont allow extraneous Political Considerations to intrude on that inquiry. Senator blumenthal thank you. Are you familiar with the lawsuit brought by state attorneys general against broadband providers for advertising or offering speeds that they have failed to deliver . Mr. Pai ive seen press reports of one. I am not aware if there is a class action of some sort i should be aware of. Senator blumenthal as a former attorney general, the allegations and the complaints certainly seem to me like fraud. They are charging customers for internet speeds they fail to provide which seems a little bit like theft, stealing. Would you agree . Mr. Pai senator, i am not aware of those particular allegations but obviously i believe, as we made clear last week when we took action on slamming on cramming, consumers should get what they pay for and not pay what they did not ask for. Senator blumenthal section 706 of the Telecommunications Act requires the f. C. C. To report annually on whether Broadband Internet is being deployed to, quote, all americans in a responsible and timely fashion, end quote, and to take immediate action if it is not. So i would assume it would be important to you in fulfilling that obligation, conducting that review that companies lying to you about what the speeds theyre delivering to their customers would prompt some action by the f. C. C. , correct . Mr. Pai senator, i am not familiar with that interpretation of section 706. Traditionally, its been focused more on deployment. Id be happy to look at that or any Legal Authority that the f. C. C. May have to vindicate consumer interests. Senator blumenthal would you commit to reviewing the lawsuit thats been brought by 35 states and taking action if appropriate . Mr. Pai senator, absolutely. If you wouldnt mind, i will followup with your staff and give you the answers that you need. Senator blumenthal i want to talk briefly about the cost of wired broadband. Are prices for Broadband Internet going up or down . Mr. Pai senator, it depends on the marketplace. I think in some places it is prohibitively expensive and some places where theres more competition, the prices are lower and our goal is obviously both ubiquitous access and broad competition in all markets so all consumer consumers have a fair chance to enjoy the digital revolution. Senator blumenthal i think the f. C. C. Has responsibility to know whats happened with broadband prices, does it not . Mr. Pai it does. Again, it depends on every marketplace. Every marketplace is different. Overall we want to make sure we have rules in place that promote competition in every single jurisdiction. Senator blumenthal do you have an assessment whether broadband prices are going up and down . Mr. Pai thats part of the reason we have initiated section 706 inquiry that i proposed to my colleagues back in june. Thats why we tee that up. What are the facts in the marketplace as of 2017 . The most recent one was done a couple years ago. Senator blumenthal id like to invite comments by any of the other nominees. Ms. Rosenworcel thank you for the question, senator blumenthal. This is antidotal. In my house the cost has gone up. I believe we need to assess broadband pursuant to section 06, as the chairman mentioned. I 706, as the chairman mentioned. Think consumers would benefit from that. Mr. Carr senator, i agree. I think we need to take pull stock of the market when we are deciding whether it is competitive or not. Senator blumenthal thank you. My time has expired. There are a lot of other questions, including going into this one in greater depth. I look forward to working with you on them. Thank you. Senator moran senator gardner. Senator gardner thank you, mr. Chairman. Thank you, again, to our nominees today. Chairman pai, thank you for appearing today. This nomination hearing as we discussed many times we have an colorado. E in commissioner rosenworcel saw firsthand during her last tenure at the commission. While the f. C. C. Included la platteas decision, the application, outofstate broadcasters lodged opposition against it and we had back and forth comments now. Its my understanding the f. C. C. Record is complete and the commission may either reaffirm or reverse their original approval decision. Its my hope that the commission will act swiftly to act on this issue. Id like to have your commitment that they will review the la plattea county application and review the comments submitted . Mr. Pai thank you. Senator gardner thank you. The rest of the commissioners, follow up. Ms. Rosenworcel if confirmed, yes. Mr. Carr yes. Senator gardner we are facing a spectrum crunch as more opt to stream video and use other intensive applications. The economy benefits from billions of dollars annually being invested in expanding access to commercial spectrum and seeing platforms and devices develop over the airwaves and i think we have to have a mix of low band, mid band and high band spectrum to continue this incredible economic progress. So mr. Carr, do you believe its important for congress to promote the benefits of establishing a spectrum pipeline to highlight the need for continuing to free up spectrum for commercial use through relocation and better coordination among incumbents . Mr. Carr thank you, senator. Yes, i do. When you look at data traffic from 2010 to 2016, some estimates say its grown 35 times over that period of time. I think we need an alloftheabove approach. I think your efforts and those of congress on a spectrum pipeline would be very welcome. Senator gardner other nominees would like to comment on that . Ms. Rosenworcel the answer is yes. Mr. Pai yes, senator. Senator gardner thank you. Chairman pai, i want to commend the committee of releasing phase 2 that recognizes the existing form 447 data is not adequate for determining accurate mobile coverage across the country. And i would hope to get your commitment at the commission. The commission will continue to work to ensure that mapping data used at the f. C. C. Represents an accurate account on the ground accurate ontheground account of mobile coverage. Mr. Pai absolutely, senator. We will be voting august 3 to make sure the steps we take into the commission is accurate so our output is similarly worthy of the american peoples trust. Senator gardner thraur. Over in the western slope of colorado where you have significant mountain value valleys and peaks and we have vast exspanses of land, what appears to have cell phone coverage on the map i can tell you at the mile marker where its not true. Would you make sure the mapping