Senate Democrats Seek Progressive Candidates to Succeed Clyburn Amid Wide Open Vetting
Senate Democrats' search for a candidate to succeed FCC Commissioner Mignon Clyburn if she decides to exit remains wide open, though lawmakers have candidate qualities in mind, lobbyists and former officials told us. Clyburn hasn't announced any plans, and her current term ended June 30. Clyburn can stay likely until the end of this Congress unless succeeded by another Democratic commissioner.
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“It’s way premature to discuss a replacement,” said a spokesman for Senate Commerce Committee ranking member Bill Nelson, D-Fla. “She remains a sitting member of the commission and has not announced her departure.” Meanwhile, the committee confirmed our reports (see 1707260014 and 1707260052) a nomination vote for three other FCC members will happen Wednesday.
Vetting for a possible Clyburn replacement is occurring amid a bid by Sen. Ed Markey, D-Mass., and other Senate Democrats for assurances from Republican leaders about the confirmation process for a Democratic FCC vacancy as part of negotiations on pending confirmation votes on FCC Chairman Ajit Pai and commissioner nominees Brendan Carr and Jessica Rosenworcel (see 1707260043 and 1707260052). A Democratic lawyer with a mix of clients predicted Senate Democrats' push on assurances for a Clyburn successor could center on a bid to confirm Carr only to an initial term set to end in 2018 rather than to the consecutive two terms that President Donald Trump nominated him to serve.
Democrats are “casting a wide net” in pursuit of someone to replace Clyburn, said a former FCC legal adviser with wireless clients. No front-runner candidate emerged from vetting, former FCC officials said. Lawmakers aren't coalescing yet on a particular candidate in part “out of respect for Clyburn,” not wanting to appear to be pushing for her departure, a Democratic-leaning telecom lobbyist said. Lobbyists pointed to new candidates in the mix, including Markey aide Joey Wender and Clint Odom, legislative director to Sen. Kamala Harris, D-Calif., and a former Nelson aide and FCC legal adviser.
Senate Democrats leading the vetting specified desired qualities, said a former FCC official and lobbyists. “They want a progressive and, preferably, a person of color,” the former official said. Senate Democrats “are walking a bit of a balancing act,” a Democratic lobbyist said. Rosenworcel developed a reputation during her previous FCC term as “a moderate, by-the-facts commissioner,” so lawmakers would like “someone more liberal” for the other Democratic seat, the lobbyist said. “They want someone who would make lawmakers like [Sens. Bernie Sanders, I-Vt., and Elizabeth Warren, D-Mass.] a little happier.”
The candidate ultimately would need to be someone Nelson and Senate Minority Leader Chuck Schumer, D-N.Y., “are both comfortable with,” a Democratic lobbyist said. Odom's past experience in Nelson's office is an asset, the lobbyist said. Wender has well-known liberal bona fides on telecom issues, a telecom lobbyist said. Meanwhile, “the Trump folks are taking pride in not filling many slots across agencies,” said a Republican lawyer with wireless and other clients. There has been similar drama over who ultimately will chair the FTC, the lawyer said.
Commerce confirmed it plans a markup Wednesday that will include confirmation votes on Pai and commissioner nominees Brendan Carr and Jessica Rosenworcel, as expected. The FCC trio will be among a spate of President Donald Trump's nominees to get votes at the markup -- others include NTIA administrator nominee David Redl and Department of Commerce general counsel nominee Peter Davidson, the committee said. Commerce had been expected to vote on Redl's nomination at its next scheduled markup after delaying it at the request of Sen. Ted Cruz, R-Texas (see 1706280027 and 1706280061).
The committee also will mark up the Rural Wireless Access Act (S-1621), a revised version of S-1104, which Senate Communications Subcommittee Chairman Roger Wicker, R-Miss., and Sen. Joe Manchin, D-W.Va., introduced in May (see 1705110060). That bill and its House companion (HR-1546) would force the FCC to ensure standardized data collection for USF support eligibility. The markup will begin at 10 a.m. in 216 Hart.