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Pallone & Doyle Question FCC Commissioners on Attendance at Conservative Political Event

March 26, 2018

Energy and Commerce Ranking Member Frank Pallone, Jr. (D-NJ) and Communications and Technology Subcommittee Ranking Member Mike Doyle (D-PA) sent a letter to three Federal Communications Commission (FCC) Commissioners today raising serious concerns about their decision to attend the Conservative Political Action Conference (CPAC) last month.

The FCC was created as an independent federal agency, which Congress intended to insulate the Commission from the day-to-day politics affecting the executive branch. The two Committee leaders are concerned that the three Republican Commissioners, Ajit Pai, Michael O'Rielly, and Brendan Carr, seem to be using their positions to promote and raise funds towards a political agenda despite Congress' intent for the FCC to remain nonpartisan.

"Your willingness to attend and help promote a political rally raises serious concerns about your roles as leaders of an independent federal agency, and the potential of taxpayer dollars being spent towards political ends," Pallone and Doyle wrote to the three Commissioners.

The Commissioners' CPAC attendance appears to be part of an emerging pattern under their collective leadership in which the FCC has become not only more partisan, but increasingly political.

Pallone and Doyle continued in their letter, "Despite the Congressional intent set out in the Commission's authorizing statute, Commissioners seem to be using their positions during this administration as a platform to promote and even raise funds towards a political agenda. Indeed, some statements by Commissioners made during recent events have created deep partisan divide at the FCC."

The Commissioners' attendance at CPAC led to a number of ethically questionable situations including the National Rifle Association presenting Chairman Pai with an award, which he later declined to accept citing the advice of FCC ethics officials, and Commissioner O'Rielly's potential violation of the Hatch Act by calling for President Trump's reelection.

Pallone and Doyle are requesting documents and answers from the Commissioners to a series of questions to ensure that taxpayer funds are not being spent on inappropriate political purposes, including:

  • Did you seek advice from your General Counsel about whether you could attend CPAC under the FCC's or other relevant ethics rules?
  • Did you ensure that no funds raised at the event would be spent for political purposes or to influence elections?
  • Provide any written legal analysis you received approving the use of your likeness or your official title in advertising for this event.
  • Did you appear at CPAC during business hours? If so, did you earn a government salary during that time? Provide timesheets indicating whether you took the time off to attend or prepare for the event.
  • Did any member of your staff help you write your speech or otherwise prepare for your appearance at the event? If so, did it occur during FCC business hours?
  • Provide a specific accounting of how all federal funds were used to support your appearance at CPAC, including pro-rated staff time and the use of any federal resources that were used for the purpose of facilitating your appearance.

Pallone and Doyle are requesting responses from the Commissioners by April 16, 2018.

The letter is available HERE.

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