Rosenworcel Nears Strong Confirmation Win; Sohn Allies Eye Swing Votes

FCC Chairwoman Jessica Rosenworcel appeared on the cusp Friday of securing a healthy bipartisan Senate reconfirmation vote, which her supporters see as vindication after months of behind-the-scenes nomination drama that led some observers to view her as an underdog to remain at the commission just days before President Joe Biden picked her in October (see 2110080043). Senate Majority Leader Chuck Schumer, D-N.Y., filed for cloture on Rosenworcel Thursday, setting up a Monday vote that would be the penultimate hurdle before her reconfirmation. The Senate Commerce Committee, meanwhile, hasn’t finalized whether Democratic FCC nominee Gigi Sohn will get a vote at a potential mid-month executive session.

Schumer set Rosenworcel’s Monday cloture vote for 5:30 p.m., which, if cleared, could lead to a final confirmation vote as soon as Tuesday, lobbyists said. Schumer’s office didn’t comment on why he chose to give Rosenworcel a floor vote instead of moving her by unanimous consent, as some believed was possible. There’s likely to be only tepid GOP opposition via the cloture vote, lobbyists told us. They forecast the final tally of yes votes will likely exceed 70 and could go as high as 85.

“I think [Rosenworcel’s] got a lot of support” in both parties since a majority of Senate Commerce Republicans agreed to advance her Wednesday on a voice vote (see 2112010043), panel Chair Maria Cantwell, D-Wash., told us before the Thursday announcement. Four of the 14 Commerce Republicans asked to be recorded as no votes on Rosenworcel, including Communications Subcommittee ranking member John Thune of South Dakota.

Cantwell told us Senate Commerce is planning its next markup session for Dec. 15 but hasn’t finalized whether Sohn or NTIA administrator nominee Alan Davidson will be on the docket. “We’re definitely going to have a markup” that day “and we’d like to move people" like Davidson and Sohn "we’ve had hearings on recently, but we’ve got to see how everything plays out,” Cantwell said. Davidson likely has a better chance than Sohn of coming up for a vote at the meeting, lobbyists said.

Cantwell and Senate Commerce officials likely won’t make a final decision on bringing up Sohn until they have a clear sense of whether two committee Democrats perceived as holdouts -- Jacky Rosen of Nevada and Kyrsten Sinema of Arizona -- are likely to have their concerns quickly addressed, lobbyists said. Sinema’s office didn’t comment. Her concerns centered on Sohn’s views about bringing back net neutrality rules of equal or wider scope than the FCC’s rescinded 2015 order. Sohn's public interest community allies have been lobbying several potential swing Democratic senators on her behalf, including Sinema and Sen. Joe Manchin of West Virginia.

Rosen confirmed to us that she’s undecided on Sohn, citing concerns she raised during the Wednesday hearing on Sohn’s position on IP and media ownership diversity issues. Rosen also has qualms about Sohn’s involvement with shuttered sports rebroadcaster Locast as a board member for its operator Sports Fans Coalition (see 2111290060).

“I think we’re going to continue to have some conversations about” Sohn’s views, Rosen said. “We need to be sure that our minority-owned stations” and local broadcasters “all have equal representation. That means good access and that their voices are heard.” Lobbyists noted the League of United Latin American Citizens wrote Cantwell and Commerce ranking member Roger Wicker, R-Miss., last week in opposition to Sohn partly because as a top aide to FCC Chairman Tom Wheeler “her counsel did not support nor advance Latino or minority ownership in the media landscape.”

Sohn’s supporters argue some Commerce Republicans may back the nominee despite major policy concerns they voiced during the hearing, which would lessen the need for unanimous Democratic support. Three GOP senators, including two on the committee, are contemplating holds over her Locast role and past tweets critical of conservative media companies. Sohn had cordial meetings with several Commerce GOP members before the hearing, aides said. Wicker described his meeting with her as an "in-depth conversation." Sohn is also known to have positive preexisting relationships with Sen. Marsha Blackburn of Tennessee and some other Republican senators that could factor into their voting choice.

Sen. Jerry Moran, R-Kan., cautioned that his remarks during the hearing in praise of Sohn’s “experience” and “intelligence” don’t automatically mean he’s in favor of advancing her to the floor. “I haven’t reached” a decision yet, Moran told us. “I appreciated that she was forthright” in her answers to senators’ questions, “but many of the things that she wants to accomplish at the FCC are things I believe are in the domain of Congress,” so “we certainly have differences in regard to policy.”