Clyburn Says Pai as Chairman Mostly Unwilling to Meet With Her

Clyburn said she will leave the FCC shortly (see 1804170056) and won’t be at Thursday’s commissioners’ meeting but will still be in the building, cleaning out her office. She's expected to give her last speech as a commissioner Wednesday. Tuesday, the FCC said goodbye to Clyburn and her photo was unveiled as the first woman on the wall of chairmen outside the Commission Meeting Room. Clyburn was interim chairwoman in 2013, the first woman to lead the agency.

Last year, former Chairman Tom Wheeler said Pai canceled every one-on-one meeting with him for two years (see 1701230058). Clyburn said she met with Wheeler and then-Chairman Julius Genachowski “every two or three weeks” while they served together. Clyburn said she has met regularly with Republicans Mike O’Rielly and Brendan Carr.

Clyburn isn't surprised by the changes brought by the Republican majority, noting she served for years with Pai and O’Rielly before Pai became chairman. “Through their decisions and speeches and interactions, it was very clear what the priorities were,” she said. The speed of change was faster than she expected, and Pai has been “very efficient” and “very effective … if you don’t put consumers first,” she said. “This agency has an opportunity to be an enabler of opportunities or a stifler of opportunities,” she said. “Depending on the things that you do, the priorities that you have and the way that you posture yourself … will definitely dictate what road you go down.”

Some of Clyburn’s supporters told us they felt she wasn’t treated with respect by some at the agency because of her vehement, at times emotional, objections to December’s net neutrality vote (see 1801100027). Clyburn said a lower level of civility at the commission “has been very noticeable” over the past 18 months. She’s not sure if it’s a product of changes in Washington during the Trump administration. “I attempt to posture, convey and express myself in a way that’s civil,” she said. “If I don’t receive reciprocity, I will escalate.”

The repeal of the 2015 net neutrality order “will have multiple, wide-ranging, just colossal effects,” the outgoing commissioner said. “It’s a game changer.” Clyburn isn’t surprised it’s been tough to reach bipartisan compromise on Pai’s FCC. Though Commissioner Pai often slammed Wheeler for being unwilling to reach across the proverbial political aisle, Clyburn didn’t expect an increase in bipartisan cooperation when Pai took over. “All of us can make glowing speeches,” Clyburn said. “I am not surprised by any of this.”

Praise, Too

Pai deserves praise for his transparency push to make the contents of upcoming meeting items public when they're circulated, Clyburn said. When the policy started, she worried about potentially having to discuss items with stakeholders before she had the chance to fully read them, but in practice, the policy leveled the field and made for more informed ex parte meetings, she said.

“Chairman Pai wishes Commissioner Clyburn nothing but the best as she departs the Commission," a spokeswoman emailed. "During his tenure leading the agency, Chairman Pai has incorporated Commissioner Clyburn’s feedback into a wide variety of items. This is one of the reasons why the percentage of party-line votes at Commission meetings had declined under his watch." Clyburn continued to lead the Connect Task Force, "a leadership role that minority Commissioners were not afforded under the prior Chairman," the spokeswoman said.

Clyburn isn't optimistic about how the FCC will handle the issues seen as her pet projects. A proceeding on television and radio programming diversity is “gathering electric dust” even though it's supported by both left and right-leaning organizations. “You got the Glenn Beck folk and Public Knowledge on the same page,” she said. Conservative commentator Beck owns content company The Blaze, which has been active on programming diversity. “That’s not a partisan issue,” she said. Clyburn said the agency has been “monofocal” on media deregulation, with the noted exception of the UHF discount. “Every other media-centric thing we see that there’s no need for we get rid of, but we bring that back,” she said.

Clyburn is very concerned the FCC won’t further address inmate calling rates, one of the areas she targeted as interim chair. “Those are real people … who can’t afford to pay rent, who can’t afford to keep up their homes, who can’t afford to eat, who can’t afford their meds,” she said of the families of prisoners. By not acting, “we are part of the problem,” she said. Clyburn cited the late Martha Wright, whose grandson was imprisoned (see 1209260042) and who filed the petition to change high inmate calling rates. “She was sick and you cannot tell me the amount of money she paid to keep up with her grandson was not a factor in her ability to afford medicine,” Clyburn said of Wright.

Clyburn also worries about future Lifeline rules. “Having a Lifeline structure that meets the needs for those who qualify for the service can be a game changer for them,” she said.

No Regrets

Clyburn said she has no regrets about leaving. “Once I make a decision, I stick by it, so I have no regrets,” she said. “Will it be tough this week, filling up those blue bins and green bins … and figuring out what I can take with me? That’s going to be hard.”

Clyburn thanked colleagues during farewell remarks Tuesday at the FCC. “We may not have always agreed with each other, but I continue to admire your intellect and willingness to debate critical policy issues,” she said, according to written remarks. “When I began my tenure as Chairwoman, I addressed the Commission staff and expressed my love for this agency. The work you do is critical. It accounts for roughly one sixth of the national gross domestic product.”

Clyburn told the gathering she will stay active. “While I will no longer have a vote, I still have a voice, and I plan to use it,” she said. “I truly believe in a broad and inclusive approach to policy making. The best policies are ones where all relevant stakeholders benefit. That means serving the unserved, closing existing gaps, and doing nothing to get in the way of those who are advantaged, so long as no one else is unduly disadvantaged.”

Clyburn’s father, Rep. Jim Clyburn, D-S.C., and a large number of former commissioners attended the event, including former Chairmen Dick Wiley and Michael Powell, as well as those from business and the public service worlds, a Clyburn aide told us.