The longest-serving Republican commissioner in the Federal Communications Commission criticized the Democrat-controlled agency for what he called a “regulatory spasm” in its final days after it issued a report Wednesday scolding AT&T and Verizon for their “zero rating” strategies without the approval of the majority of the agency.

“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,” wrote Commissioner Ajit Pai.

Zero rating allows customers to stream video services owned by a wireless carrier without eating into their data plan.

The report from the FCC’s Wireless Telecommunications Bureau took issue with AT&T’s Sponsored Data program and Verizon’s FreeBee Data 360. It was a followup to a letter dated Nov. 9, when the agency wrote to AT&T that a preliminary finding of the company’s DirecTV Now violates net neutrality because it “may obstruct competition and harm consumers” because it could obstruct access to competing content producers.

Pai said he saw the “midnight regulations” only after they were published and asserted that the document does not reflect the majority of the FCC. However Pai, who is expected to be named interim chairman after President-elect Trump takes office on Jan. 20, is not worried about any negative effects of the report in the long-term as Republicans are expected to take control of the agency.

“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,” Pai said. “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.”

Both AT&T and Verizon issued statements condemning the FCC report.

“It remains unclear why the Wireless Bureau continues to question the value of giving consumers the ability to watch video without incurring any data charges,” said Joan Marsh, AT&T’s senior vice president of federal regulatory. “This practice, which has been embraced by AT&T and other broadband providers, has enabled millions of consumers to enjoy the latest popular content and services – for free. We hope the government continues to support a competitive marketplace that lowers costs and increases choice for consumers.”

Verizon said it doesn’t agree with the FCC’s view on free data, and asserted that it doesn’t believe its customers do either.

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“Hopefully the next FCC will take into account the views of our customers who greatly benefit from watching professional football, soccer, basketball and other great content on go90 free of data charges,” Will Johnson, senior vice president of federal regulatory affairs for Verizon, told IBTimes.

The FCC’s report gave a pass to T-Mobile, which FCC Commissioner Thomas Wheeler wrote in a letter to Senate Democrats “charges all edge providers the same zero rate for participating in BingeOn” while in comparison “AT&T imposes hefty per-gigabyte charges on third parties for use of Sponsored Data.”

The senators behind the inquiry, led by Sen. Ed Markey, D-Mass., which prompted the FCC’s study, applauded the agency’s work Wednesday as a step towards developing a framework on ways the agency could protect customers from “harmful zero-rating plans.”

“In response to our inquiry, the FCC has issued clear guidelines on how to protect consumers from harmful zero-rating plans that violate the core tenets of net neutrality,” said Markey. “These guiding principles will help the FCC, industry, and the public evaluate zero-rating offerings and identify plans that distort competition, stifle innovation, and hamper user choice and free speech. I will continue to work with my colleagues to encourage the Commission to enforce these guidelines and ensure that the internet remains a permission-less environment where anyone with an idea or voice can participate.”

Markey’s effort was supported by Sens. Ron Wyden, D-Ore., Al Franken, D-Minn., Bernie Sanders, I-Vt., Elizabeth Warren, D-Mass., Tammy Baldwin, D-Wis., and Richard Blumenthal, D-Conn.

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