Uncertainty Remains on FCC Nominees, Redl Paths to Senate Floor Ahead of Senate Commerce Markup
The path forward to Senate floor confirmation votes for FCC Chairman Ajit Pai, Commissioner nominees Brendan Carr and Jessica Rosenworcel and NTIA Administrator nominee David Redl remained uncertain Tuesday even though all four are believed to be all but certain to advance out of the Senate Commerce Committee Wednesday. The committee is to vote on the four and the Rural Wireless Access Act (S-1621) during a session at 10 a.m in 216 Hart. Senate Commerce Chairman John Thune, R-S.D., told reporters he hoped to include all four nominees in a package for a floor vote under unanimous consent. Senate Republicans are aiming to consider the nominations package this week, depending on how negotiations fare, lobbyists said.
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Democrats are seeking a deal to allow unanimous consent on the FCC nominees if Republican leaders pursue a vote on Carr's nomination only to fill a term set to expire next year. President Donald Trump also nominated Carr to a full five-year term set to expire in 2023, which Senate Commerce ranking member Bill Nelson, D-Fla., raised concerns about during a July confirmation hearing (see 1706290063 and 1707190049). Meanwhile, Sen. Ted Cruz, R-Texas, remains unsatisfied with Redl's responses to his queries about the completed Internet Assigned Numbers Authority oversight transition. Some lobbyists raised the prospect that Cruz could place a hold on Redl's Senate floor confirmation vote. Senate Commerce previously delayed a vote on Redl at Cruz's request (see 1706280027 and 1706280061).
Cruz told reporters he's still “awaiting far more clarity and assurance” from Redl on the IANA transition: “The answers that [Redl] gave at the confirmation hearing were concerning. He espoused a policy position directly contrary” to positions taken by Trump and Secretary of Commerce Wilbur Ross. “I and a number of other senators want to receive some significant clarity on that question,” Cruz said. He reportedly sought copies of emails that Redl exchanged with then-NTIA Administrator Larry Strickling during the oversight handoff process, along with other information, a telecom lobbyist said. Redl kept in contact with ICANN and NTIA officials in his role as the House Communications Subcommittee's chief counsel.
Thune acknowledged Cruz's concerns and told us he's encouraging Redl and the White House “to be as forthcoming as they can” in providing information. “I'm confident that the issues that have been raised can be adequately addressed” and “hope they will provide enough certainty” to allow Redl's nomination to move forward, Thune said. He told reporters at our deadline a response to Cruz was still pending. Cruz's office didn't comment.
Nelson demurred on where negotiations stood Tuesday but told reporters he believed Carr, Pai and Rosenworcel could move like “greased lightning” on the Senate floor if leaders are able to reach a deal. Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, and Sen. Richard Blumenthal, D-Conn., separately said the Carr consecutive terms issue was a focus of negotiations. “We're still in the process of talking” about how to frame their concerns and “don't have a strategy at this point,” Blumenthal told reporters. Senate Democrats are concerned about Carr's nomination to consecutive terms but underlying that is their push for assurances that a future Democratic nominee to succeed Commissioner Mignon Clyburn will have a smooth confirmation path if she retires (see 1707260014 and 1707260052), lobbyists said.
Thune told reporters he hoped the committee vote on the FCC nominees “will go by smoothly” and that Senate confirmation of the trio “ought to open up the opportunity for us” to consider the Mobile Now Act (S-19) spectrum bill and other stalled telecom legislation “as soon as this week.” Thune downplayed Democrats' concerns about confirming Carr to consecutive terms, saying “there is plenty of precedent for that” in recent history. He later told us he would be “trying to get as many [nominees] in the pipeline as we can,” but noted the makeup of the final package of nominees is ultimately up to negotiations between Senate Majority Leader Mitch McConnell, R-Ky., and Minority Leader Chuck Schumer, D-N.Y.
Carr's nomination to the full term would be an “ideal” pairing for a Clyburn successor, should she announce plans to leave the agency, said a communications sector lobbyist. “I don't know why they would pursue anything other than that” scenario, a GOP-leaning telecom lobbyist said. “If I was a Senate Democrat, that's exactly what I would ask for.” Another telecom lobbyist said the need for confirmation assurances for a possible Clyburn successor is a “legitimate concern” for Senate Democrats, but “everyone is already getting something they want” in the pairing of Rosenworcel with Carr and Pai. Senate Democrats may have trouble pursuing additional concessions at this point, the lobbyist said.