In one of his earliest official acts, President Trump appointed FCC Commissioner Ajit Pai as the long-term Chairman of the FCC. While many thought Commissioner Pai was the most likely candidate to be named interim Chairman of the Commission, President Trump skipped the interim step and immediately appointed Chairman Pai on a long-term basis. This decision is significant because it eliminates the need for the Senate to confirm Chairman Pai. While the appointment of a new FCC Commissioner requires Senate confirmation, the president has the authority to name the chairman from existing FCC Commissioners with no further action required. For the time being, Chairman Pai will head a three-member, Republican majority panel consisting of fellow Republican Commissioner Michael O’Rielly and Democrat Commissioner Mignon Clyburn. There are currently two vacant seats on the five-member Commission.

While it is difficult to predict the exact course in which Chairman Pai will lead the Commission, one thing is certain: under his leadership, the FCC will be vastly different than under previous Chairman Tom Wheeler.

As a Commissioner during the Obama administration since 2012, Chairman Pai strongly dissented to most of the significant rulemaking proceedings championed by former Chairman Wheeler. Notably, Chairman Pai was adamantly opposed to adoption of the 2015 “Open Internet” Order, as well as the subsequent Broadband Privacy Order of 2016.Continue Reading Ajit Pai Appointed Chairman of the FCC – Expect Change

On October 27, 2016, the FCC adopted a new set of privacy and data security regulations applicable to “broadband service providers and other telecommunications carriers.”

The rules place new restrictions on internet service providers’ (“ISPs”) ability to use and share their customers’ data. The Commission established two data classifications: (1) sensitive information, and (2) non-sensitive

Initial comments are due on May 27, 2016 regarding the Notice of Proposed Rulemaking (NPRM) released last month by the FCC in its broadband privacy proceeding. The rules proposed in the NPRM have already been the subject of contentious discussions throughout the federal government and the communications industry. Those discussions included a hearing earlier