Rosenworcel Emerging as Democratic Hard-Liner Since Returning to FCC
FCC Commissioner Jessica Rosenworcel, back since Aug. 11, has emerged as a sometimes harsh critic of actions by Chairman Ajit Pai and the Republican majority. Commissioner Mignon Clyburn has also taken a tough stance on some issues, but on others has been more conciliatory. Former FCC officials said they're in very different positions. Senate Democrats championed Rosenworcel with expectation she would be a counterweight to the Pai commission's deregulatory disposition.
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Clyburn has been a tough opponent on many issues. Last week, she and Rosenworcel slammed CenturyLink's planned buy of Level 3, with Clyburn dissenting on the entire order (see 1710310036). Both similarly criticized the order approving Platinum Equity’s buy of Securus (see 1710300065), which touches on Clyburn’s longstanding advocacy of lower inmate-calling rates. Both are expected to take a tough line on pending orders on media consolidation, at commissioners Nov. 16 meeting, and net neutrality, expected at the Dec. 14 meeting. Clyburn also dissented on numerous other issues this year and was the lone Democrat for most of Pai's chairmanship.
On other issues, Clyburn took a more conciliatory stance than Rosenworcel. One example is the NPRM on the 3.5 GHz NPRM, approved at the October meeting. Clyburn said she regretted the majority wanted to change the rules, but voted yes, citing changes that she said improved it while on circulation (see 1710240050). Rosenworcel dissented. On other issues like a Telecom Act Section 706 inquiry, industry officials see Clyburn’s statement as surprisingly mild.
Clyburn said in a news conference Wednesday that she and Rosenworcel aren’t engaged in a coordinated effort to oppose Pai, but share a desire to close “the opportunity divide.” When the majority proposes rules “out of sync with the needs of the community, we will address it,” Clyburn said. “If there are inconsistencies in terms of process, we’re going to point them out.” The FCC and Rosenworcel didn't comment.
Rosenworcel’s demeanor has shifted, but it may be premature to say what direction, said Penn State law professor Robert Frieden. As a minority commissioner, Pai “exuded righteous indignation” in his opposition to then-Chairman Tom Wheeler, Friedman said, and it’s not yet clear that Rosenworcel will take that tack.
Rosenworcel may be reacting to “pointed” issues the FCC is tackling, said Danilo Yanich, associate professor at the University of Delaware School of Public Policy and Administration. Sinclair buying Tribune, net neutrality rules and eliminating media ownership restrictions are “very big issues” and a more active opposition by Rosenworcel could be a response, Yanich said.
"Both commissioners have vigorously resisted Chairman Pai's cruel, senseless and relentless attacks on people's communications rights,” said Matt Wood, Free Press policy director: “Pai's word games fool no one, when for instance he claims to be closing the digital divide by destroying Lifeline, or promoting media diversity by greasing the skids for consolidation. We're glad of their resistance to Pai's" agenda.
“Clyburn is the more collegial, at least in public, as she focuses on making progress on the prison calling issue to the extent possible,” said Richard Bennett, network architect and free market blogger. “Rosenworcel has always been one to press her chairmen to think more about the future than the present, even during the [Tom] Wheeler reign. She continues in the same vein, but somewhat more aggressively as she’s no longer forced to maintain the good soldier stance typical of majority party commissioners.”
The FCC minority is always expected to “carry the flag” for the opposition, said Lawrence Spiwak, president of the Phoenix Center. “How you go about doing that and the tenor and the tone you want is entirely up to you. Hopefully you do it with substance.” Disagreements shouldn’t be personalized, he said.
Sometimes, minority commissioners use a tag-team approach, something more common previously, said Harold Feld, senior vice president at Public Knowledge. One minority member can vote no, while the other negotiates changes, he said. “This dynamic allows the minority party … to make clear they are unhappy with an order but still have some room to improve it,” he said. “It also saves the power of a 3-2 vote for something which the minority party just finds utterly beyond the pale and unimprovable. Media ownership has traditionally fallen into this category, for example, as has net neutrality.” If commissioners take turns, neither has to be the negotiator or the hard-liner on every issue, Feld said.
Gigi Sohn, ex-aide to Wheeler, said Clyburn’s legacy is safe. “For eight years, she has been a vocal and passionate advocate for the public interest and defender of the most vulnerable in our society,” Sohn said. Free Press Deputy Director Jessica Gonzalez agreed Clyburn has been important voice for those who otherwise might not have one. Gonzalez said when she was at the National Hispanic Media Coalition, Clyburn was “one of the few” who would take a meeting with that small group.