Trade Law Daily is a service of Warren Communications News.
'First Wave'

Trump Transition Confirms Eisenach, Jamison Lead on FCC Landing Team

The transition team for President-elect Donald Trump confirmed Monday that American Enterprise Institute scholars Jeff Eisenach and Mark Jamison, conservative voices advocating telecom deregulation, will be members of its FCC landing team. Both were previously believed to play a role, though the state of their involvement was uncertain last week amid turnover in the transition team and new lobbying restrictions at play (see 1611170041).

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.

These members “are just the first wave,” Trump transition spokesman Sean Spicer told reporters during a call Monday. “Additional names continue to be added.” The people now mentioned are there “to begin the process” but “people are being added on in a regular basis,” Spicer said.

Eisenach is managing director at NERA Economic Consulting and Jamison is director of the Public Utility Research Center at the University of Florida. Earlier this month, Eisenach told C-SPAN he “would expect [Trump] to appoint people to the FCC who would be inclined to take a less regulatory position” on such issues as the agency’s net neutrality order. In a 2014 joint response to House Republicans as part of their now-stalled Telecom Act overhaul effort, Eisenach advocated transforming the FCC’s structure. “The largest bulk of the Commission’s current structure would be merged with the FTC -- its lawyers, economists, and engineers working to support the FTC’s existing and growing portfolio of communications-related matters,” Eisenach and others wrote. “Some functions currently performed by the Commission may not have a natural home in another agency -- such functions would be preserved under the auspices of a new agency with limited jurisdiction and discretion.” Jamison also questioned the FCC structure: “The only FCC activity that would seem to warrant having an independent agency is the licensing of radio spectrum,” he wrote in an AEI blog post in October.

Charter Holdings CEO Ray Washburne is, as expected (see 1611100048), affiliated with the Trump transition effort on the Department of Commerce and is now named to the Commerce landing team. So is Pluribus Ventures Managing Director David Bohigian, a former Commerce assistant secretary focused on trade barriers, and former Commerce Department official Joan Maginnis. Bohigian is married to Charter Communications lobbyist Catherine Bohigian. The Trump team also named Accelerated Development & Support Corp.’s Mary Anne Bradfield to the landing team for the Small Business Administration and McGuireWoods’ Patrick Rowan, Morrison & Foerster’s Jessie Liu and Morgan Lewis’ Ronald Tenpas to the landing team for DOJ. The incoming DOJ likely will involve Sen. Jeff Sessions, R-Ala., Trump’s choice for attorney general (see 1611180043).

Of the possibility of shutting down federal agencies, “there’ll be plenty of time to talk about that after he’s sworn in,” Trump transition spokesman Jason Miller told reporters. He said the focus now is on the priorities for Day 1 of the administration, emphasizing the legislative and executive order plans.

Trump has held many meetings recently. Trump had a “great discussion” over the weekend with Wilbur Ross, according to the Trump team. Ross, a billionaire investor, is a potential contender for Commerce secretary. Investor Carl Icahn cited direct conversations with Trump in a tweet last week, saying Steve Mnuchin and Ross are being considered for the Treasury and Commerce jobs. “Both would be great choices,” Icahn said. American Commitment President Phil Kerpen tweeted Thursday he could confirm reports of Ross’ role: “All but locked up.” This weekend, Trump and Ross “engaged in a conversation regarding negotiating the best foreign deals, American manufacturing and job creation,” the transition team said. “Their discussion also focused on engaging Ambassadors to participate in creating more economic opportunities for America.” Ross described his business philosophy recently, citing his value for tech: “It’s not that we’re anti-high tech,” Ross told The Motivation Inside podcast host Anthony Scaramucci, also a member of the transition team. “Often, one of the things that’s wrong with the old-fashioned companies we get into is they’re not paying enough attention to the new technologies.” Another name among many rumored to have been in the mix includes House Commerce Committee Vice Chairwoman Marsha Blackburn, R-Tenn., part of the transition effort (see 1611180020). The team affirmed no decision on the position was final Monday.

Trump and Vice President-elect Mike Pence also met with Black Entertainment Television founder Bob Johnson this weekend. They “considered many opportunities for access to capital in small businesses and the issues facing the inner cities of America,” a transition readout said. “Their focus was on the creation of high-paying jobs in both manufacturing and service industries.” Johnson, a Democrat, told CNBC they had a “great chat” about “business solutions to social problems.” He said he expects to find “common ground” with a Trump administration. The president-elect also met Monday with Rep. Tulsi Gabbard, D-Hawaii, who like Trump, strongly opposes AT&T buying Time Warner. Miller, the transition spokesman, told reporters he couldn't comment on rumors she's being considered for a U.N. ambassador position. The team planned to “receive her input on several different ideas,” he said.

Some observers also wondered at Trump’s seeming invocation of broadcast equal time rules in his Sunday tweet attacking NBCUniversal's Saturday Night Live. “It is a totally one-sided, biased show -- nothing funny at all,” Trump tweeted. “Equal time for us?” Alec Baldwin, who impersonated Trump on the program, dismissed the concern: “Equal time? Election is over,” Baldwin tweeted in response. “There is no more equal time.”

The equal time rules don't apply to Baldwin's Trump impersonation for several reasons, broadcast attorney Jack Goodman told us. Those rules apply only to a candidate in an ongoing election, which isn't the case here since Trump is now president-elect, the election is over and Baldwin is himself not a candidate for office, Goodman said.