The Federal Communications Commission (FCC) must make decisions on open Internet rules independent of President Obama, Republican member Ajit Pai said on Tuesday.
Pai said “it is unclear” if FCC commissioners will follow Obama’s call a day earlier to use stricter regulations to govern broadband Internet like a utility, similar to traditional telephone service.
{mosads}”That is a terrific question, because the FCC is not an executive branch agency, like say, the Department of Justice or the Department of Defense,” he said on MSNBC.
“We are an independent agency, and that mean we make our decision based not on political considerations, but on the facts that are in the record and on the laws set forth by Congress. That is a really important decision that we have to make, and we should make it independently,” he added.
Pai said FCC Chairman Tom Wheeler has not yet circulated a new proposal with the other four commissioners.
The White House released a video Monday in which Obama urges the agency to use the strongest possible authority to enforce rules on net neutrality — the concept that Internet providers should not slow or block access to any website. The rules also aim to restrict deals that would allow websites to pay for faster loadings speeds, or “fast lanes.”
Specifically, Obama wants the FCC to regulate broadband Internet under Title II of the Telecommunications Act. Both Wheeler and Obama pointed out Monday that that decision was ultimately up the FCC alone.
An appeals court struck down the FCC’s previous rules, and Wheeler introduced a proposal for comment earlier this year using an alternate authority. After nearly 4 million comments, the chairman is reportedly considering a separate hybrid plan, partly relying on authority outlined by Obama.
Republicans and service providers have fiercely opposed the plan.
The two Republicans on the commission are expected to vote against any proposal, though Pai said it is too early to say since he has not seen a specific plan.
“I certainly think my focus in this proceeding will be, and I dare say the FCC’s focus should be, on what will best promote broadband investment and innovation,” he said.