Sens. John Thune and Ed Markey; photos by Leslie Stimson, Inside Towers
The FCC is one step closer to having its full complement of five commissioners but Democrats are resisting Republicans over how agency General Counsel Brendan Carr’s nomination should proceed. During the Senate Commerce Committee vote yesterday, Democrats began voting against the re-confirmation of FCC Chairman Ajit Pai, to show they disapprove of the GOP’s plan to confirm Carr for two consecutive terms at the same time.
That’s when Sen. Chairman John Thune (R-SD) separated Carr from the votes to re-confirm Pai, a Republican, and former Commissioner Jessica Rosenworcel, a Democrat; lawmakers quickly voted to send their nominations to the full Senate for confirmation. Thune said “it appears the [Senate] logjam may be breaking” and the leaders, Sen. Mitch McConnell (R-KY) and Senate Democratic Leader Charles Schumer (NY), “may be working on a nominee package to be considered before we recess.”
Ranking Member Bill Nelson of Florida suggested the committee vote by voice to confirm Carr for one year-and-a-half term, saying that’s what McConnell and Schumer are negotiating for a final confirmation vote. He said he understands “otherwise, the package will not go forward on the floor.”
While Carr’s first term would end at the end of 2018, he’d still be able to serve at the Commission until the end of 2019; that’s what the Democrats object to and they asked the Republicans to wait on approving Carr’s second term.
Sen. Ed Markey (D-MA) cited the tradition of pairing a Republican and Democrat for confirmation in pairs. “We’re willing to accept him for the next year,” but are asking the committee to agree to confirm a Democrat down the road. “It’s not that we’re trying to be obstinate; we’re trying to keep the traditions of the committee,” Markey said. Thune cited as precedent, former Commissioner Gloria Tristani, a Clinton nominee, who was confirmed for two terms at once in the late ‘90s. He called for a vote on Carr, which split along party lines 14 to 13. Thune cast the deciding decision to send Carr’s nomination for two FCC terms to the full Senate for confirmation.
The Dems were still making their points after the vote. Markey pointed out Tristani was confirmed on the same day as Republicans Michael Powell and Harold Furchtgott-Roth and fellow Democrat Bill Kennard. Nelson stressed again that what’s being negotiated by the leadership, will only include confirming Carr for one term. He said there’s no precedent for confirming an FCC Commissioner for such a lengthy term and doing so “would throw the balance of the FCC out of whack.”
Thune said, “I think the leaders will figure this out.” The confirmation of Pai, Rosenworcel and Carr now proceeds to a Senate-wide vote, requiring a simple majority for approval. The actual vote, however, has not been set.
The Wireless Infrastructure Association, meanwhile, was pleased with the outcome. WIA President/CEO Jonathan Adelstein, himself a former FCC Commissioner, said: “Each individual has consistently demonstrated strong and independent commitment to public service and a desire to work with all stakeholders to meet the needs of communities throughout the United States. The FCC is now well positioned to help shape the future of mobile communications for years to come.”
By Leslie Stimson, Inside Towers Washington Bureau Chief
August 3, 2017
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