GOP Undecided on FCC Nominee, but Wants Pairing with Genachowski
Republican leaders have made no decision on a nominee for FCC commissioner, but have told a number of finalists they are still in the mix, according to industry and Hill sources. “We have no news on this,” said a spokesman for Minority Leader Mitch McConnell of Kentucky on Friday, when asked if McConnell expected to make a decision this week. The handful of staff close to the negotiations are keeping a tight lid on information, and have declined requests for interviews.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Republicans want their candidate paired with FCC Chairman nominee Julius Genachowski (CD March 30 p1) so the Commerce Committee could hold a joint confirmation hearing. But the longer it takes for consensus to build is raising speculation that FCC Commissioner Robert McDowell’s post could be in play. His term is up in June, although he can serve until the end of the current Congress.
The FBI clearance process usually takes eight weeks at a minimum and doesn’t begin until a potential nominee is identified. If one is picked this week, acting Chairman Michael Copps could be at the helm of the commission well into the summer. That means he, not Genachowski, would oversee the June 12 DTV transition. Some lobbyists have speculated that Genachowski would prefer that outcome.
A short list of candidates reportedly have been interviewed by Republican leaders. They are said to include Meredith Baker, former NTIA acting administrator, Lee Dunn, telecom counsel for Sen. John McCain, Mike O'Reilly, policy analyst with the Republican Policy Committee and former telecom aide to Sen. John Sununu, R-N.H., Ajit Pai, former deputy counsel under FCC Chairman Kevin Martin, and Neil Fried, senior minority counsel for the House Commerce Committee.
Pai is said to be McConnell’s favored candidate. But minority leader Kay Bailey Hutchison of Texas was put out when several Judiciary Committee senators sent McConnell a letter recommending Pai, and failed to notify her of the effort. Pai once was a staffer for Sen. Sam Brownback, R- Kan., who launched the letter.
While most of the focus so far has been on the empty Republican seat, it will shift soon to McDowell. He has been on the FCC for less than three years, but it’s unclear whether he will get a full term on the commission. President Barack Obama also must nominate a second Democrat to fill out the FCC, giving the party a three-two majority. McDowell is said to face opposition from AT&T, which wants a new person in the job. However, McDowell has strong Republican backing, and other industries, including cable, are said to be backing him for the job.
If Senate Republicans insist on moving a Republican with Genachowski, it would set up an FCC with two Republicans and two Democrats and that prospect could face resistance from Senate Democrats. That could increase pressure on the White House to send forward a complete slate of nominees soon after a Republican is nominated. Many have expected that Mignon Clyburn, a South Carolina public service commissioner and daughter of House Majority Whip James Clyburn, would be the second Democratic candidate. But some sources said they think Genachowski wants to choose someone else.