Gomez Confirmation to FCC Raises Dem Hopes and GOP Fears for Incoming Majority

The new FCC majority's tenure will remain uncertain until the Senate confirms renominated Democratic Commissioner Geoffrey Starks, but lawmakers and communications policy observers told us they don’t believe that will stop the commission from acting on big-ticket policy priorities stymied by the multiyear deadlock. Starks’ term technically ended June 30, 2022, and he will have to leave the FCC by Jan. 3 absent reconfirmation.

Gomez got unanimous backing from all 50 Senate Democratic caucus members present Thursday and only five Republicans, confirming expectations that the nominee would get only minimal GOP support (see 2309060061). The Republicans voting yes were Shelley Moore Capito of West Virginia, Susan Collins of Maine, Lisa Murkowski of Alaska, Mike Rounds of South Dakota and Todd Young of Indiana. Capito and Young were two of four Commerce Republicans who didn't object to advancing Gomez in July (see 2307120073). Sens. Cory Booker, D-N.J., and Jerry Moran, R-Kan., didn't vote.

Gomez “has a strong background in the sector, she’s prepared for the job, and she’s a massive improvement over” former Democratic FCC nominee Gigi Sohn, who got far more vehement GOP opposition, Young told us. The Senate’s confirmation of Gomez happened six months to the day after Sohn announced she asked the Biden administration to withdraw her from consideration after more than a year of repeated Senate stalls (see 2303070082).

“I met with” Gomez and although “she’s the president’s nominee, and she’s going to follow a lot of his philosophies” on telecom policymaking, “she made it clear that she was part of an independent board, and we need to have that line of communication open with” the FCC “when it comes to spectrum issues,” Rounds told us. His concerns about how a proposed FCC auction of spectrum on the 3.1-3.45 GHz band would affect DOD incumbents on the frequency led him to object to efforts to renew the commission’s spectrum auction authority for a period ending before Sept. 30, which led to the mandate’s March expiration (see 2303090074).

Senate Commerce Committee Chair Maria Cantwell of Washington was one of several Democrats who hailed Gomez’s confirmation after years of the FCC’s 2-2 tie. “They’ve got a lot of work ahead of them” that has been delayed while the tie continued, but Starks’ confirmation process and the looming 2024 presidential election’s influence on Capitol Hill politics shouldn’t deter Rosenworcel’s policy priorities, Cantwell told us: “They’ve got a full five-member commission now” and Rosenworcel should take that opportunity quickly.

“I’m certain that there’s going to be good work” at the FCC now that the commission has a five-member complement because having vacancies “always moves consideration” on some issues “to the back burner,” said Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., in an interview. Lujan spoke in Gomez’s favor on the floor Thursday before a cloture vote that preceded her confirmation, in part noting she will be the first Latino community member on the commission since former Commissioner Gloria Tristani left in September 2001 (see 0109110015).

Renominated Commissioners?

“I’m hopeful that we will see” the FCC’s “docket start moving” soon, Lujan told us: “It’s also a reminder that we’re only going to have commissioners through the end of December” given the looming end of Starks’ grace period if the Senate doesn’t move on confirming him. “I’m hopeful that the Senate will confirm” both Starks and renominated Republican Commissioner Brendan Carr “sooner rather than later” given that dynamic, Lujan said. Carr’s term ended June 30, and he will have to leave the commission by Jan. 3, 2025, without reapproval.

Senate Minority Whip John Thune, R-S.D., told us he doesn’t believe the GOP caucus will agree to confirm Carr and Starks via unanimous consent as a lone pairing given the Democrats’ decision to seek a floor vote on Gomez. How Senate leaders will “try and package” Carr and Starks “is a question better asked of the Democrats,” but “typically” with FCC nominees the chamber will move them by UC only if it’s “a one-for-one” bipartisan deal, Thune said: The Democrats would be seeking a “two-for-one” deal by moving on the sitting commissioners in tandem after confirming Gomez.

“I’ll make a decision on every nominee on the merits as they come to the floor,” Senate Commerce ranking member Ted Cruz, R-Texas, said in an interview. Senate GOP aides told us caucus members may find UC confirmation of the FCC commissioners more palatable if the Democrats agree to package them with Republican FTC nominees Andrew Ferguson and Melissa Holyoak, as Thune previously suggested (see 2307110048).

Cruz railed on the floor against the prospect of an incoming Democratic FCC majority, before the Senate approved Gomez. Her confirmation would mean the Democrats can “impose a radical left-wing agenda, including investment-killing so-called net neutrality rules” coinciding with reclassifying broadband as a Communications Act Title II service, Cruz said: He noted “abuses of power” at the FCC during Rosenworcel’s leadership, including its handling of the terminated Standard General/Tegna deal (see 2306010077).

Cantwell isn't sure how Senate leadership will decide to advance Carr and Starks. “I’m sure there are people” within the Democratic caucus “who don’t like some nominees and there are people” in the GOP ranks who feel the same about others, Cantwell said: “You’ve got a lot of people moving in different directions” on nominees and a solution is going to be complex.

Incoming Priorities

Rosenworcel’s statement congratulating Gomez didn’t mention any specific future priorities. “I look forward to working with [Gomez] to advance the agency’s mission to ensure the benefits of modern communications reach everyone, everywhere and that the United States can continue to lead in the digital age,” Rosenworcel said: She “brings with her a wealth of telecommunications experience, a substantial record of public service” and “her international expertise will be a real asset to the agency.” Carr, Starks and Commissioner Nathan Simington also applauded Gomez’s confirmation.

"I don't think there is much doubt" the Senate will confirm Starks and Carr "together, so Rosenworcel can start lining up items that require a working majority," said New Street’s Blair Levin, former FCC chief of staff to then Democratic Chairman Reed Hundt.

The FCC will likely start work soon after Gomez’s swearing in on reasserting its authority over broadband, said Greg Guice, chief policy officer for broadband consultancy Vernonburg Group. That could open the door to the agency pursuing a variety of issues, like pushing more broadband competition at multi-unit dwellings, broadband privacy and net neutrality, all of which are contingent on FCC reasserting its broadband authority.

Starks' reconfirmation prospects won’t likely be an impediment to such work because he and Rosenworcel indicated they would be open to the agency pursuing a resumption of its rule as broadband regulator, Guice said: Another immediate Rosenworcel priority with a third Democratic vote might be tackling the quadrennial review and media ownership rules.

"I’m very happy that the FCC is going to get its full complement of Commissioners today and that the FCC can now get to work on some of the most pressing issues affecting consumers and competition,” emailed Sohn, now American Association for Public Broadband executive director.

Gomez’s confirmation means new net neutrality rules and numerous other priorities of Rosenworcel, congressional Democrats and the Biden administration can come up and likely pass, said lobbyist David Goodfriend. He doubts the FCC's “holding back from voting on any” Democratic priorities is “in any way” going to “inspire Senate Republicans to change the way they're going to vote on” Starks’ “reconfirmation to another term.” Starks “will need all the support he can get” from Senate Democrats, Goodfriend said: Rosenworcel's not bringing up key priorities or Starks' voting against them “would be undermining the Senate Democrats’ enthusiasm.”

Goodfriend said he hopes Rosenworcel will aggressively circulate notices of inquiry and NPRMs and schedule votes on numerous items that have been on hold, cramming as many items as possible into Gomez’s early term. He said Rosenworcel almost surely has numerous items ready to go, as the bureaus likely were prepping items for a majority vote during the many months when Sohn’s failed confirmation was pending. “If [Rosenworcel] doesn’t, the bureaus have just committed malpractice,” he said.

WRC Implications

Questions remain about how Gomez's confirmation will affect the U.S. delegation to the World Radiocommunication Conference, which starts Nov. 20. Gomez remains head of the U.S. delegation and could keep that job along with being a commissioner, industry officials said Thursday. Delegation members say Gomez recently indicated she plans to do both jobs.

The State Department sent a letter this week to Sen. Marsha Blackburn, R-Tenn., aimed at assuaging her concerns about confirming Gomez before the conference (see 2307120073). Blackburn voted against Gomez Thursday.

State “assigns a high priority to preparations for, and participation in, the upcoming WRC,” Assistant Secretary of State for Legislative Affairs Naz Durakoglu wrote Blackburn. Gomez "leads a strong interagency team that is well-informed on both the issues and the process associated with WRC-23. This team has been deeply engaged for many months in interagency coordination and international diplomacy in preparation for the conference.”

State's letter appears to leave open the possibility someone else could still substitute for Gomez. “The Department has consulted with a wide range of stakeholders and is identifying existing senior staff leadership with the necessary expertise and security clearances who can lead the delegation to success at the conference,” it says.