Next Moves on Rosenworcel Nomination Uncertain, as Trump May Soon Nominate Third FCC GOP Member
The path forward for Senate Commerce Committee consideration of Jessica Rosenworcel's nomination (see 1706140002) to be an FCC commissioner remained uncertain, with industry lobbyists seeing traditional pairing of Rosenworcel with an as-yet-unnamed third Republican commissioner the likeliest possibility. President Donald Trump said Tuesday night he planned to renominate Rosenworcel to a new term as a Democratic FCC commissioner, months after the White House withdrew her and other nominees held over after former President Barack Obama left office (see 1703020067). The Rosenworcel announcement didn't mention a nominee for the FCC's vacant GOP seat.
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An announcement about a Republican nominee is “imminent,” an administration official told us. Rosenworcel might take Commissioner Mignon Clyburn's place (see 1706140046).
FCC General Counsel Brendan Carr was still considered the top candidate for the open GOP FCC seat, lobbyists said. Indiana state Sen. Brandt Hershman, an ally of Vice President Mike Pence, was also in the running for the seat in recent weeks, a lobbyist said. The FBI background check on Carr is still running its course, several sources said. The vetting holdup may be a symptom of the Trump administration's general “speed at which it's attending to nominations” rather than a reflection of trouble with the candidates' credentials, one lobbyist said.
The issue isn’t so much whether Carr will be nominated but whether there will be coordination of his nomination with that of Rosenworcel, said a former senior FCC official with telecom clients. It’s unclear whether Senate Democrats got some kind of additional commitment to smooth the eventual nomination of a third Republican and Pai’s confirmation to a second term as a commissioner, the former official said. Carr in particular appears to “have the confidence” of FCC Chairman Ajit Pai if nominated, a lobbyist said.
Senate Communications Subcommittee leaders didn't disclose Wednesday how they envision Senate Commerce consideration of Rosenworcel's nomination. “We're going to be in conversations very shortly” about the committee's process for vetting Rosenworcel, “but right now, this is the first good sign in a long time,” Communications ranking member Brian Schatz, D-Hawaii, told reporters. Subcommittee Chairman Roger Wicker, R-Miss., told reporters he hadn't heard when the White House would name a third FCC Republican commissioner but “something must be in the offing.” House Commerce Committee Chairman Greg Walden, R-Ore., told us he didn't know "how they're going to package" Rosenworcel's nomination but it's a "good choice" for her to rejoin the FCC.
Some lobbyists pointed to the White House's ongoing vetting of Carr and others as the primary reason Rosenworcel wasn't immediately paired with another FCC nominee, but others said the White House may be waiting for Clyburn to decide whether she will leave this year. The pairing question comes down to what Clyburn decides, since that would dictate whether Rosenworcel is nominated to replace Clyburn or if she's named to fill the existing Democratic vacancy, one lobbyist said.
If Clyburn decides to vacate her seat, Trump would likely nominate Rosenworcel to replace her and Senate Commerce could move Rosenworcel alone instead of pairing her with another nominee as traditionally occurs, one lobbyist said. The committee also could choose to seek a traditional package deal involving a new GOP commissioner nominee if Clyburn decides to remain at the FCC, the lobbyist said. Senate Republicans don't want the FCC to be deadlocked with two Republicans and two Democrats, the lobbyist said.
Senate Commerce “does not yet have the necessary paperwork to act” on Rosenworcel's nomination, but “in deciding how to proceed, the committee will be seeking more information about the status of the administration’s efforts to nominate a qualified candidate for the remaining vacancy at the FCC,” a spokesman said. “The committee also expects Rosenworcel’s nomination will allow stalled bipartisan telecommunications legislation, including the MOBILE NOW Act, to pass the Senate and advance to the House of Representatives.”
Some Democrats noted Rosenworcel has been quiet on net neutrality, ISP privacy and other big issues before the FCC.
FCC Chairman Ajit Pai, Clyburn and Commissioner Mike O’Rielly hailed the nomination (see here, here and here). All three served with Rosenworcel before she left in January. Industry groups including USTelecom, CTIA, NCTA, Mobile Future and the Wireless Infrastructure Association expressed support, as did big companies like AT&T and Comcast.
“I know from personal experience that she is among the most capable ever to hold the title of Commissioner, and her return to the Commission could not come at a more propitious time,” said former FCC Commissioner Michael Copps, for whom Rosenworcel worked as an aide and whom she eventually succeeded. Copps is now at Common Cause.