Ajit Pai, the FCC commissioner expected to be named the group’s chairman by President-elect Donald Trump, dismisses a new FCC report that says big carrier free data plans violate “net neutrality.”

“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,” Pai said in a statement issued Wednesday following the disclosure of the FCC staff report.

“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,” he explained.

“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.”

Current FCC chair Tom Wheeler has said he will resign the day Trump is sworn into office. Pai is expected to get the job.

The FCC report focused on “zero rating” (content not counted against data caps) plans from Verizon and AT&T. 

“[W]e have serious concerns that AT&T Mobility’s Sponsored Data program presents competitive problems and, to date, nothing in AT&T responses to the Bureau’s requests for information has addressed our concerns,” reads the report by staffers of the Wireless Telecommunications Bureau, according to news site Gizmodo. “Based on the information gathered to date, we believe there is a substantial possibility that some of AT&T’s practices may violate the General Conduct Rule.”

The Verge added that Wheeler raised concerns in letters to Congress.

“While observing that AT&T provided incomplete responses to staff inquires,“the report states that the limited information available supports a conclusion that AT&T offers Sponsored Data to third-party content providers at terms and conditions that are effectively less favorable than those it offers to its affiliate, DirecTV,” Wheeler wrote.

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