Media Contact:
Matthew Berry, (202) 418-2005
matthew.berry@fcc.gov
For Immediate Release
STATEMENT OF FCC COMMISSIONER AJIT PAI
On the FCC’s Midnight Regulation of Free Data
WASHINGTON, January 11, 2017.—It is disappointing that the FCC’s current leadership has yet 
again chosen to spend its last days in office the same way it spent the last few years—cutting corners on 
process, keeping fellow Commissioners in the dark, and pursuing partisan, political agendas that only 
harm investment and innovation.
This time the midnight regulations come in the form of a Bureau-level report casting doubt on the 
legality of free data offerings—offerings that are popular among consumers precisely because they allow 
more access to online music, videos, and other content free of charge.  This report, which I only saw after 
the FCC released the document, does not reflect the views of the majority of Commissioners. 
Fortunately, I am confident that this latest regulatory spasm will not have any impact on the 
Commission’s policymaking or enforcement activities following next week’s inauguration.
It was my hope—as I have consistently expressed to my colleagues—that we could spend the 
remaining days of this Administration working together with bipartisan comity to ensure a smooth 
transition.  It is sad that the outgoing leadership of the agency has chosen a different path.
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Office of Commissioner Ajit Pai: (202) 418-2000
Twitter: @AjitPaiFCC
www.fcc.gov/leadership/ajit-pai
This is an unofficial announcement of Commission action.  Release of the full text of a Commission order constitutes official
action.  See MCI v. FCC, 515 F.2d 385 (D.C. Cir. 1974).