Getting a New FCC Nominee Vetted and Confirmed Could be a Slog

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UPDATE Gigi Sohn’s withdrawal from consideration as an FCC Commissioner means the agency will remain deadlocked 2-2 for quite some time. New Street Research (NSR) Policy Advisor Blair Levin says it could be several months, “if ever,” before the Democrats obtain a majority at the Commission during the remainder of President Biden’s term.

Several steps need to happen. First, the White House must name a new nominee. Inside Towers reported on possible candidates last week. NSR believes this step will take several weeks.

Once a new nominee is selected, that individual must be vetted by the FBI. This could take several months, “unless the nominee has recently been vetted for another position,” writes Levin in a client note.  

The nominee will likely take several months to visit with members of the Senate Commerce Committee. The panel will then hold a hearing and give the candidate an opportunity to respond to written questions. Levin believes the timing will be interrupted by the Senate’s summer recess.

As what happened with Sohn, getting a Senate vote can also take many months. “Of course, if some Republicans support the nominee, that can speed up the process,” writes Levin. “Such support may be unlikely, as the nominee would give the Democrats control of the agency. However, if the nominee is paired with another who Republicans seek to move quickly, (for example, a GOP nominee for the Federal Trade Commission), the process can move faster,” he notes.

He ballparks the timing could take six months or more. “The impact of more delay would largely be felt in terms of Democrats being able to proceed with actions that would be stalled in the current 2-2 Commission make-up,” according to the former Chief of Staff for FCC Chairman Reed Hundt.

Looking down the road, Commissioner Starks’ term runs out at the end of the year. NSR doesn’t believe there’s been any public statement as to whether he wants to be renominated. Assuming he does, Levin calls it “a wild card.” If he does want to be re-nominated and for the Democrats to gain a majority, the White House and Senate Democrats must successfully confirm two persons, notes Levin. NSR believes reconfirming Starks “would be relatively easy but the need to do so makes the process more complicated.”

By Leslie Stimson, Inside Towers Washington Bureau Chief

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