Rosenworcel Seen as Lock, Carr Likely, as Trump Nominees for FCC
Evolving conventional wisdom is the Trump administration could soon fill two of FCC open seats, while a search is on for an additional Democrat to replace Commissioner Mignon Clyburn should she leave, former FCC officials and top regulatory lawyers said. Former Commissioner Jessica Rosenworcel now appears to be a lock to return, most likely to fill Clyburn’s seat since that would come with a full five-year term, two years more than the seat Rosenworcel left in January. FCC General Counsel Brendan Carr is emerging as the top candidate to be named to the open Republican slot.
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Senate Republicans are aiming for a confirmation hearing potentially with Carr, Rosenworcel and David Redl, President Donald Trump’s nominee for NTIA, though that could prove an ambitious hearing, industry officials said. Senate Republicans also could seek to move Chairman Ajit Pai’s renomination to the package, officials said. The White House and FCC didn't comment. A Senate Commerce Committee spokesman said the committee hasn't received answers back from Redl on a questionnaire and so hasn’t scheduled a hearing on his nomination.
Senate Commerce Chairman John Thune, R-S.D., mentioning Rosenworcel, said last week the administration is starting to focus on nominees (see 1705170069). Rosenworcel has long had strong support in the Senate (see 1703080044) and, since the late stages of the Bill Clinton administration, the White House has gone along with nominees put forward by Senate leaders in the opposition party.
The Trump White House initially was reluctant to go along with the strong push from Senate Democrats to return Rosenworcel to the FCC, the officials said. Now the White House is more cognizant of political realities and sees that as the best course. The White House interviewed several candidates for the open Republican seat, including Carr, industry officials said. While the two female economists were initially seen as having the inside track (see 1704040057), Carr’s chances were significantly bolstered given that he had Pai's strong support. Carr was a longtime Pai aide. Two former FCC officials said the administration submitted three names to the Senate leadership for consideration for the open Republican seat -- Carr; Roslyn Layton, American Enterprise Institute scholar and member of the Trump FCC landing team; and Michelle Connolly, professor of economics at Duke University and former FCC chief economist.
“The urgency here is that if Mignon Clyburn leaves before more FCC commissioners are confirmed, the FCC will no longer have a quorum,” said Roger Entner, analyst at Recon Analytics. “This would put a stop to any Republican efforts to undo Chairman [Tom] Wheeler's far-reaching legacy until there are at least three active commissioners.”
Carr “would hit the ground running, and would become a reliable vote for the chairman's agenda,” said Adonis Hoffman, chairman of the for-profit Business in the Public Interest and ex-aide to Clyburn. “On the Democratic side, they don't come any smarter than Rosenworcel, who has keen insights on policy, especially on tech issues."
“The Republicans have a deep bench of potential FCC commissioners, including people with deep FCC experience,” said Richard Bennett, free-market blogger and network architect. “The Democratic talent pool is quite thin once the activists are excluded unless they reach beyond Capitol Hill into the state” utility commissions.