Trump Hosts Pai for Uncommon Oval Office Meeting
President Donald Trump and FCC Chairman Ajit Pai met Monday, the first known dialogue since they assumed their positions -- a contact between a president and a head of an independent agency that is seen as infrequent. They met in January during the transition period, ahead of Pai’s appointment as head of the agency (see 1701170025). Monday's meeting was at 3 p.m. in the Oval Office, according to Trump’s schedule. Former FCC Chairman Tom Wheeler came under fire during the last Congress amid accusations that he took direction from the White House on the open internet order, a charge he denied.
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"Like several of his other daily meetings, President Trump met with FCC Commissioner Pai to discuss how to best solve the issues and concerns facing Americans every day," a White House spokesman said. “Chairman Pai had a warm meeting with President Trump this afternoon, in which they reconnected for the first time since Chairman Pai was elevated to head the FCC," a commission spokesman said. "No proceedings pending at the FCC were discussed."
Pai’s meeting comes ahead of his appearance before the Senate Commerce Committee Wednesday alongside Commissioners Mike O’Rielly and Mignon Clyburn. It's his first appearance before Congress as chairman.
Anticipation has focused on the White House in recent weeks as telecom policy watchers await a renomination of Pai, who requires a Senate vote to stay on the commission beyond this year, and nominations for the open Republican and Democratic commissioner spots. The White House withdrew last week the nomination that then-President Barack Obama had made of former FCC Commissioner Jessica Rosenworcel, a Democrat, at the start of this year, among many other Obama nominees. An administration spokeswoman promised a number of the withdrawn nominees would be reintroduced, and Senate Democrats kept pressing for Rosenworcel’s return (see 1703020067). Trump has attacked the AT&T/Time Warner deal but AT&T and others argued the FCC likely won't play a role in its antitrust review.
Formal, announced meetings between sitting presidents and FCC chairs are relatively infrequent events, industry officials told us. Former FCC interim Chairman Michael Copps told us he never met with Obama outside of a receiving line at a party. A former member of Wheeler’s office told us Wheeler met with Obama during his first week in office but said no proceedings were discussed at the meeting. Wheeler didn’t meet with the president outside of photo-ops until he requested a final meeting before leaving the FCC, the official said.
If Trump and Pai discussed matters that are before the commission, an ex parte filing describing the meeting must be filed, said Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman. An FCC spokesman told us that no such items were discussed, and that there won't be an ex parte on the meeting. The Obama administration filed an ex parte when officials met with Wheeler to discuss net neutrality, Schwartzman noted. DOJ, the DOD and NTIA all file ex parte reports when meeting with FCC officials, he said. “As an independent agency, the FCC is supposed to treat communication from the executive branch no different from communications from other interested parties,” Schwartzman said. If Trump and Pai discussed matters that aren’t before the FCC, such as the possible AT&T/Time Warner deal, an ex parte wouldn’t be required, Schwartzman said. It’s “fine” for a president to suggest courses of action to the FCC chair, but “inappropriate” for the president to order the FCC to do something, Schwartzman said. “There’s a reason the president can’t fire an FCC chairman,” he said.