Pai Acknowledges Repack Fund Likely Short

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While much of Wednesday’s Senate Commerce Committee’s FCC nomination hearing for Chairman Ajit Pai, former Commissioner Jessica Rosenworcel and agency General Counsel Brendan Carr focused on bringing mobile broadband infrastructure to rural areas, (see our top story), other topics were discussed, too.

On the television channel repack, Pai said the FCC’s fund administrator and staff need to evaluate cost estimates just turned in by broadcasters; the agency said last week those estimates total to $2.1 billion so far and will likely rise. Pai said “We expect the money needed will be above the $1.75 billion reimbursement fund set-aside by Congress. If broadcasters are to be held harmless in the repack” then they will need additional funding from Congress, he said. Asked if 39 months is enough time for all the TV stations that need to move to a different channel to do so, Pai said the FCC “is not in a position at this point to know,” but “if we realize it isn’t we’d notify Congress promptly.”

In general, the nearly two and a half-hour hearing was genial, except for an exchange between Nelson and Carr. Nelson said the committee has been asked to confirm Carr for two terms, and the committee Democrats “have concerns” because “it’s unusual” to confirm someone to sit alongside the chairman who is now also working for that chairman. “We must have Commissioners who will fight for consumers,” said Nelson, noting he’d prefer to confirm Carr for one term, see how that goes, and re-confirm him for a second term later.

When Nelson asked if Carr could name a time he had disagreed with Pai on an issue, Carr said he gave the chairman “candid” advice and sometimes Pai took that advice and other times he didn’t. Nelson pressed for a different answer several times, telling Carr, “We need to evaluate you.” Carr finally said, “The agency works best on a bipartisan basis. My record shows I’m not a shrinking violet.” Nelson said that “is not confidence-building for those wondering” about “independence from your boss.”

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