Senate Dems Aim for Deal on Clyburn Successor at FCC, Amid Plans for Confirmation Votes
A bid by Senate Democrats to get Republican leaders' assurance that a possible successor to FCC Commissioner Mignon Clyburn will get a confirmation vote at a later date appears to be part of negotiations aimed at including FCC Chairman Ajit Pai and two other commission nominees in a package of nominees up for a full Senate vote before August recess, lobbyists told us. Should Clyburn leave, lobbyists and government officials said Joey Wender, an aide to Sen. Ed Markey, D-Mass., is among those who has been under consideration. There's no clear frontrunner.
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Negotiations precede a tentatively scheduled Aug. 2 Senate Commerce Committee markup vote on Pai and FCC Commissioner nominees Brendan Carr and Jessica Rosenworcel (see 1707260014). Senate Commerce Chairman John Thune, R-S.D., told us he's aiming to set votes on the three during Wednesday's markup, which also will include Department of Commerce General Counsel nominee Peter Davidson (see 1707260043) and others. Senate Commerce hadn't officially announced the markup.
Markey told us he and other Senate Democrats are seeking a commitment from Thune and other Senate Republican leaders that they will allow a vote on a future Democratic FCC nominee if Clyburn steps down, since there wouldn't be an FCC Republican nominee to pair with Clyburn's would-be successor. Thune told us he hasn't had any “official discussions” about a deal to allow a future vote on a potential Clyburn successor, but there may have been “staff-level” talks to plan for “contingencies” if Clyburn steps down.
“Until [Clyburn] indicates to us that she intends to step down, that would be a premature discussion to have,” Thune said. Clyburn's office had no comment Wednesday on future plans. Her term ended June 30 but she can stay until the end of this Congress in 2018 unless succeeded by another Democratic commissioner.
The Senate Democrats' bid makes sense in the full context of the political dynamics of FCC nominations, lobbyists said. Democrats “want to be prepared” if Clyburn decides to leave given “timing” of expiration of her current term and the confirmations process for Carr, Pai and Rosenworcel, said Public Knowledge Vice President Chris Lewis. The controversial NPRM on changing net neutrality rules and undoing reclassification of broadband as a Communications Act Title II service adds pressure for there to be a “full complement” of commissioners, Lewis said. Senate Democrats are also “still smarting” over the body's failure to reconfirm Rosenworcel last year before her term expired (see 1612090063) and don't want to repeat that situation if Clyburn leaves, a GOP-leaning lobbyist said.
Commerce Republicans “have the votes” to advance the FCC nominees on a party-line vote but “they're genuinely trying to work together and not do petty things, so I think there will be an honest effort on Thune's part to work with [ranking member Bill Nelson, D-Fla.] on something,” said a Democratic telecom lobbyist. The contours of a deal on a possible Clyburn replacement remain unclear but there had been some buzz about a vote on Carr and Rosenworcel while “holding back” a vote on Pai until there's a clear sense of whether there will be a Democratic FCC vacancy, the lobbyist said. Such a plan would allow a full commission in the short term, the lobbyist said. Senate Republican leaders appear eager to advance Pai simultaneously with Carr and Rosenworcel, so some other form of assurance on a Clyburn successor is more likely, another lobbyist said. Another option would be to pair a Clyburn successor with still-unnamed nominees for FTC vacancies, a Democratic lobbyist said.
Commerce's aim to vote on FCC nominees Wednesday adds to buzz within the communications sector that the Senate will move to bring all three up for a floor vote before they begin their abbreviated August recess, lobbyists said. Senate Republicans want to move on as many of President Donald Trump's pending nominees as possible before recess so he can “staff up,” one telecom lobbyist said. Senate Democrats “can't stop them altogether” in most cases, but they can extract concessions in exchange for allowing a package of nominees under unanimous consent, the lobbyist said. Senate Republicans want to “do whatever they can [on nominees] through unanimous consent,” which is why Markey and others are seeking assurances on a future Clyburn replacement now, another communications sector lobbyist said.
The ongoing planning for a possible Democratic FCC vacancy is hamstrung by uncertainty over Clyburn's plans, as evidenced by Thune's comments, several lobbyists said. Senate Democrats don't want to appear to be pushing Clyburn out by vetting potential successors, but they also don't want to be in a situation where Trump can unilaterally nominate a nominal Democrat (see 1707070022), one lobbyist said.