Blackburn Has Edge in Competition to Lead House Communications Subcommittee

“I will serve where the chairman and the speaker think I deserve,” said Blackburn, currently vice chair of the Commerce Committee, in an interview last month.

The subcommittee choice is hardly certain and falls to incoming Commerce Committee Chairman Greg Walden, R-Ore., who has led the subcommittee for the past six years. “I’m not going to get into naming names,” Walden told us when pressed on the likely contenders last month. The only lawmaker who could mount a serious challenge to Blackburn, lobbyists say, is Rep. John Shimkus, R-Ill., a senior member of Commerce who vied against Walden for the full committee gavel. Congress returns Tuesday to begin its 115th session, and Walden said last month no decision will be made until then (see 1612020043). GOP staffers said the Steering Committee likely will move to set committee rosters this week.

Blackburn’s appetite is likely growing for the position absent any sudden leadership opportunity, industry lobbyists largely agreed. She initially was believed even by other lawmakers to be interested in the full committee gavel but never entered a bid in November. At the time, some saw Blackburn as distracted due to the Trump transition efforts and the possibility of scoring a cabinet position such as commerce secretary -- now filled -- or a Senate run to replace Sen. Bob Corker, R-Tenn., if he were tapped for the State Department position, which he wasn’t. It’s possible she still could be tapped for an administration position, although no positions are known to be under discussion. Blackburn delivered a high-profile speech on telecom at a Dec. 7 Free State Foundation event (see 1612070040).

Divisive Veteran

“Blackburn would be a good choice if the goal is to actually pass a telecom bill,” said Cowen and Co. analyst Paul Gallant. “She’s been very visible on telecom policy and clearly in line with Republican thinking on broadband. And a good relationship with the Trump team should be very helpful in getting something done.”

She “stands out from the pack -- and not in a good way -- for her utterly indefensible and uninformed positions on Net Neutrality, SOPA [Stop Internet Privacy Act], and the IANA [Internet Assigned Numbers Authority] transition, to name just a few,” emailed Free Press Policy Director Matt Wood.

The Electronic Frontier Foundation lodged similar complaints against Blackburn in a Dec. 19 blog post, tallying the different measures against net neutrality she backed and past support for SOPA. She “has routinely introduced bills that attempt to block effective net neutrality from every angle,” EFF said. She was also one of the GOP champions opposing the FCC’s ISP privacy rules in 2016 and the agency's pre-emption of state restrictions on municipal broadband in recent years, a Blackburn position drawing special criticism from such entities as the Institute for Local Self-Reliance. Public Knowledge Senior Vice President Harold Feld, speaking to NTCA last month (see 1612130063), used her as an example of what he judged radical GOP rhetoric that could derail bipartisanship. She has ties to her state’s content creators and met with the Copyright Office last year ahead of their copyright criticisms of the FCC’s set-top box proceeding. Her track record includes a focus on music licensing and data breaches.

“Congresswoman Blackburn long demonstrated a commitment to holding the FCC accountable as a creature of Congress,” said TechFreedom President Berin Szoka. “I expect that, if elected chairwoman, she will make it her top priority to fundamentally rethink how the FCC works -- and whether it still makes sense to have a special-purpose regulator for the communications sector. Once the GOP FCC undoes [Communications Act] Title II reclassification and the interpretation of [Telecom Act] Section 706, policing broadband will be returned to the FTC -- which is perfectly capable of policing consumer protection and competition matters. Congress may well choose to go further.”

Blackburn would wield “tremendous influence” as Communications Subcommittee chair, one telecom industry lobbyist said, predicting the possibility of competing power spheres between Walden, close to GOP House leadership, and Blackburn, who will have ties to the incoming White House of Trump, who at times warred with Speaker Paul Ryan, R-Wis., over the past year.

Latta? Shimkus?

The other lawmaker considered notably interested is Rep. Bob Latta, R-Ohio, vice chair of the Communications Subcommittee. He has touted his diligent work within the subcommittee and sought to raise the profile of telecom issues, forming caucuses devoted to rural broadband and IoT. Media and telecom industry lobbyists told us Blackburn, due to her prominence within the broader GOP caucus and sway due to Trump, would likely overpower any bid from Latta if she truly wants it. Walden may prefer Latta, his longtime lieutenant, but feel pressure to name Blackburn, the telecom lobbyist said.

None of the lawmakers has publicly claimed interest in subcommittee chairmanships specifically. Some such as Latta and Rep. Joe Barton, R-Texas, say they would like a chairmanship generally, without specifying. Shimkus stressed he'll serve wherever Walden judges best. Another name more rarely floated for Communications is Rep. Adam Kinzinger, R-Ill., a stickler for FCC process overhaul, but he's more junior and seen as a long shot compared with other veteran members.

Subcommittee war gaming elsewhere ultimately could dictate Walden’s choice, lobbyists said. One wireless industry lobbyist expects Shimkus, who reached a six-year term limit as the Environment and the Economy Subcommittee chair, will be the Health Subcommittee chair in 2017, leaving Blackburn open to seize the Communications gavel. Other Commerce lawmakers are believed to eye that Health gavel -- Reps. Michael Burgess, R-Texas, chair of the Trade Subcommittee, and Tim Murphy, R-Pa., chair of the Commerce Oversight Subcommittee (see 1607270043). But Shimkus would likely get his way unless Rep. Fred Upton, R-Mich., the outgoing Commerce chairman, asserts himself for that subcommittee position, a move that could bump Shimkus back to Communications, the wireless lobbyist said. Shimkus frequently spoke of his desire to rewrite the Telecom Act during his unsuccessful 2016 campaigning for Commerce Committee chairman. His record also shows attention to matters involving 911 and broadcaster joint sales agreements.

“Reps. Blackburn, Latta and Shimkus are all well-steeped on these issues and any of them would be excellent,” said Information Technology and Innovation Foundation analyst Doug Brake. “The key question is whether the subcommittee focuses on relatively narrow bills, perhaps alternative jurisdiction for baseline net neutrality rules, or goes big on a major overhaul of the Communications Act. Reps. Upton and Walden nicely laid the groundwork for an update, but Republicans likely only have about two years to get things done. Major revisions may be a challenge in that time frame.”

“None of the candidates for subcommittee chair have stood up consistently for the communications rights of real people,” said Wood. “Rep. Latta has been a reliable defender of incumbent cable and broadcast interests, on everything from keeping set-top box rental fees flowing to allowing more media consolidation. Rep. Shimkus has wrongly criticized Lifeline and other programs that provide essential services to his constituents, sometimes betraying a sort of incredulity about the workings even of universal service programs he claims to support.”