Cantwell, Wicker See Spectrum Bill Talks Progress; Sohn's Lame-Duck Prospects Dim

“We have made some progress” on spectrum bill talks, “let’s just put it that way,” said Senate Commerce Chair Maria Cantwell, D-Wash. Senate Commerce Democratic and Republican aides have been exchanging draft proposals over the past week amid talks between Cantwell and panel ranking member Roger Wicker, R-Miss., lobbyists said. “I see a solution at the end of the tunnel” after recent meetings with Cantwell, Wicker said.

“There’s three buckets of things that we have to come to an agreement on,” with the part “we’re closest” on being the length of a new auction reauthorization, Cantwell said. The current short-term renewal Congress included in a September continuing resolution to extend federal appropriations goes through Dec. 16 (see 2209300058). Cantwell and other Democrats have been pushing for up to a 10-year reauthorization, while the House passed its version of the Spectrum Innovation Act (HR-7624) in July with an extension through March 31, 2024 (see 2207260063).

“We’re pretty close” on “some of the ideas of” what telecom priorities would be in line for funding from auction proceeds, but “that’s a complicated four-corners” matter that “other people get to weigh in on,” Cantwell said. Her most recent draft spectrum proposal continued to push in part for more middle-mile broadband backbone funding, in line with her Grant to Rapidly Invest and Deploy Broadband Act (S-4763) to incentivize building the infrastructure along the existing U.S. electricity grid (see 2210130074), lobbyists told us.

“The issue that we’re stuck the most on is how you can move forward when there’s been all of these issues between federal agencies and people about spectrum” policymaking, including improving efficient use of frequency holdings, Cantwell said. Lawmakers have been eyeing how to ensure the FCC, NTIA and other federal agencies don’t continue to engage in interagency infighting that became endemic during the Trump administration (see 2010260001).

Wicker was more circumspect, telling us a final deal will likely include “extra provisions” beyond a clean auction authority extension. He refused to say what those will be. Wicker has continued pushing for a shorter extension and wants a package to prioritize licensed use of repurposed bands rather than sharing with federal incumbents, lobbyists said.

“I think they’re making progress” toward a “strong, bipartisan bill coming out of the Senate” on spectrum, said Communications Subcommittee Chairman Ben Ray Lujan, D-N.M. “I will not be surprised when that bill is across the finish line” as an alternative to HR-7624. Communications ranking member John Thune, R-S.D., said he hopes Cantwell and Wicker “can get a deal” together because it would be “a good thing” for the Senate to weigh in with its own spectrum measure.

Confirmation Sweepstakes

Cantwell doesn’t believe Sohn’s confirmation during this Congress is completely out of the question but noted Senate Majority Leader Chuck Schumer, D-N.Y., told the White House and the Democratic caucus that leadership will be “prioritizing getting the [FY 2023 appropriations] omnibus done” along with the FY23 National Defense Authorization Act during the lame duck. Work on both measures could eat up a significant part of the remaining time on the legislative calendar, lobbyists said. All Senate Democratic leaders “said is they’re prioritizing legislation,” so Sohn’s chances of getting floor time amid that push will depend on “how long we’re here,” Cantwell said. The calculus “could change” if the chamber stays in longer than expected into December, perhaps up to the day immediately before Christmas, she said.

Cantwell told us she will push for President Joe Biden to again renominate Sohn in January if the Senate can’t confirm her in this Congress. “I’d love her to be” the nominee again, Cantwell said. Chatter continued, meanwhile, that Schumer told the White House there weren’t enough votes among Senate Democrats to confirm Sohn during this Congress. The White House didn’t comment.

Names of new potential candidates to supplant Sohn are circulating, including Schumer aide Didier Barjon, lobbyists said. 2022 Georgia Democratic gubernatorial nominee Stacey Abrams has also been lobbying the White House to be Biden’s next FCC pick, lobbyists said. Schumer’s office and Abrams didn’t comment.

The extent to which Senate Commerce might be able to expedite a potential Sohn renomination during the next Congress will depend on whether panel member Raphael Warnock, D-Ga., prevails in his runoff election next week against Republican challenger Herschel Walker, Cantwell said. A Warnock win would give Democrats an outright 51-49 majority instead of the 50-50 tie they have held during this Congress, meaning there’s a diminished chance Commerce and other panels will deadlock on Biden nominees, lobbyists said. Commerce tied 14-14 on Sohn in March (see 2203030070).

“I would be surprised” if the Senate is able to confirm Sohn before year’s end given the lengthy process it would take to move her to the floor and the lack of universal Democratic support for the nominee, Wicker said. A handful of Democrats, including Sen. Joe Manchin of West Virginia, remain publicly undecided on Sohn. All 50 Senate Democrats would need to vote for Sohn during this Congress to overcome what's expected to be unanimous GOP opposition.

“There’s enough other stuff to do” on the Senate’s calendar that it would be surprising if Schumer gave Sohn floor time, said Thune, the Senate minority whip. “Unless we sit here with a lot of dead time, my impression is that’s at best punted into next year.”

Lujan insisted he’s “not aware of any announcements” from Schumer or other Democratic leaders suggesting that Sohn “could not be” confirmed this year. “Whatever concerns” Senate Commerce Democrats had about Sohn have “been addressed,” so there’s no reason for any caucus members to object to her now, he said: “I’m hoping that we still get the vote. I think there’s time” to get it done. “Having one more vote” via an outright Democratic majority would make “a big difference” if Biden renominates Sohn in 2023, but “the same opportunity” to approve her already exists “in this Congress," Lujan said.