Rosenworcel in Tune With Harris on Communications Issues, Faces Questions on FCC Future
The rise of Vice President Kamala Harris as the Democrats' presidential nominee should have few implications for FCC Chairwoman Jessica Rosenworcel, industry observers agree. If anything, Rosenworcel’s ties to Harris are likely stronger than they are to President Joe Biden, they said. Biden waited until October 2021, more than nine months after his inauguration, to designate Rosenworcel as the first woman to chair the agency on a permanent basis (see 2110260001).
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“I am working hard at the FCC,” Rosenworcel told reporters Wednesday in response to a question about her plans if Harris wins the presidential election. “We’re focused on the future and the good work we can do here.”
Most FCC chairs leave after the first term when a party keeps the presidency, but Rosenworcel may have more difficulty making a quick exit if the Senate remains closely divided or under Republican control and Harris wins, a former carrier executive said. Democrats aren’t eager for the return of a 2-2 FCC, which ended only in September with the confirmation of Commissioner Anna Gomez (see 2309200001).
Some Senate Commerce Committee Democrats want Rosenworcel to continue heading the FCC should Harris win, though panel Chair Maria Cantwell of Washington isn’t publicly declaring a position. “It’s up to whoever’s president” come Jan. 20 to decide whether to keep Rosenworcel at the helm, she told us before the chamber left for the August recess. Rosenworcel’s term will expire June 30, but she can remain through the end of 2026 absent reconfirmation. Except for a seven-month period in 2017, she has been a commissioner since 2012.
Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., is among those who strongly favor Rosenworcel continuing to wield the FCC gavel into a Harris administration. “I appreciate the work that Chair Rosenworcel has been doing at the FCC both through the” more than two years when it was tied 2-2 “and now that it’s a 3-2” majority-Democratic body, he told us: “If given the opportunity to vote for [Rosenworcel] to continue to be chair of the FCC, I would proudly cast a vote in support.”
A group of Senate Democrats, including Commerce member Tammy Duckworth of Illinois, backs Rosenworcel remaining FCC chair because it's been less than a year since the commission shifted to a Democratic majority, aides told us. Lobbyists noted some Democratic senators believe Rosenworcel should continue leading the FCC if Harris wins and Republicans gain control of the Senate because she could have an easier time winning reconfirmation than another Democratic contender. The Senate reconfirmed her in 2021 68-31, with support from 19 Republicans (see 2112070071).
Continuity
Harris “has given strong indications in speeches that she is acutely aware of the digital divide and committed to making broadband affordable for all, which could be important as the courts force Congress and the FCC to revamp” the Universal Service Fund, said Michael Calabrese, director of New America's Wireless Future Project. Calabrese noted that Sen. JD Vance of Ohio, the Republicans' vice presidential nominee, like Harris and Biden supports the restoration of the affordable connectivity program.
Harris would "represent continuity on telecom policies,” New Street’s Blair Levin said in a note to investors: “We don’t see a material likelihood of a material change from Biden to Harris on telecom policies.” Levin said many current officeholders would likely remain into the start of a Harris presidency.
Levin also doesn’t expect major changes on tech policy. He noted that Harris has long had support in Silicon Valley. “Her advisors are likely to be different than Biden’s,” Levin noted. “Her roots in California mean that she will have outside influences that are much broader than Biden’s (and Trump’s).”
Rosenworcel would likely look to step down in the event of a Harris administration, given recent precedent, Digital Progress Institute President Joel Thayer said. But “it’s too soon to know at this point and almost impossible to forecast.”
Other Candidates
“There is a deep bench of capable potential chairs to choose from” if Rosenworcel steps down and “recent practice suggests” Gomez and fellow Democratic FCC Commissioner Geoffrey Starks “will likely be on the shortlist,” said Joe Kane, Information Technology and Innovation Foundation director-broadband and spectrum policy.
Cooley's Travis LeBlanc, a former FCC Enforcement Bureau chief who worked with Harris when she was attorney general of California, has long been rumored as a potential FCC chair under the Democrats (see 2012310023). Several observers noted that the Democrats have plenty of potential FCC commissioners should Harris win.
Lobbyists pointed to several potential FCC chair contenders, including Clint Odom, T-Mobile vice president-strategic alliances and external affairs. Odom, who was Harris’ legislative director when she was a senator, is a former FCC legal adviser and senior vice president-policy and advocacy in the National Urban League’s Washington Bureau.
Lobbyists also cited T-Mobile Senior Vice President-Government Affairs Smitty Smith and two former Harris aides -- Rohini Kosoglu and Meaghan Lynch -- as strong FCC chair contenders. Smith was an adviser to former FCC Chairman Tom Wheeler and worked with Harris’ husband, Doug Emhoff, at DLA Piper from 2017 to 2020. Kosoglu is a Stanford Institute for Human-Centered Artificial Intelligence policy fellow and was previously Harris’ domestic policy adviser as vice president. Lynch is Airbnb's public policy lead and was Harris’ Senate press secretary.