The upcoming shift to a 2-2 split FCC at the start of President-elect Joe Biden’s administration doesn’t necessarily have to mean total gridlock, as those opposed to Senate confirmation of Nathan Simington as commissioner are forecasting, officials and FCC observers told us. They do believe FCC Democrats’ ability to move on big-ticket policy priorities, like bringing back the rescinded 2015 net neutrality rules, will be hindered until the Senate confirms Biden’s to-be-named nominee for the seat held by Chairman Ajit Pai. The Senate confirmed Simington Tuesday with unanimous Republican support and similarly uniform Democratic opposition (see 2012080067).
Jimm Phillips
Jimm Phillips, Associate Editor, covers telecommunications policymaking in Congress for Communications Daily. He joined Warren Communications News in 2012 after stints at the Washington Post and the American Independent News Network. Phillips is a Maryland native who graduated from American University. You can follow him on Twitter: @JLPhillipsDC
Nathan Simington was confirmed to the FCC Tuesday after a largely muted Senate floor debate. Senate Democrats and groups opposed to Simington in the lead-up to the vote continued to raise concerns about the 2-2 commission deadlock that will result from his confirmation, once Chairman Ajit Pai leaves Jan. 20 (see 2011300032). Many also cited the FCC’s proposed proceeding on its Communications Decency Act Section 230 interpretation, a matter critics believe Simington should recuse himself from because he worked on NTIA’s petition for the rulemaking (see 2011100070).
The Senate voted 49-46 Tuesday afternoon to confirm Nathan Simington as an FCC commissioner. The vote was along party lines, as expected. His confirmation followed a largely muted Senate floor debate.
Hill conferees’ version of the FY 2021 National Defense Authorization Act retains some modified language from separate House- and Senate-passed versions of the measure (HR-6395/S-4049) aimed at hindering Ligado’s L-band plan rollout, as expected (see 2011230063). Ligado’s supporters and opponents aren’t completely satisfied with the language, though both sides spun it as a relative win. Some also believe it’s unlikely the FCC will act soon on the Ligado approval petitions for reconsideration pending before it (see 2005210043). The FCC didn't comment.
Senate Majority Leader Mitch McConnell, R-Ky., filed for cloture Thursday on FCC nominee Nathan Simington. Majority Whip John Thune of South Dakota and other GOP leaders have been eyeing a floor vote on Simington as soon as next week, after the Senate Commerce Committee voted 14-12 Wednesday to advance the nominee (see 2012020069). A mid-week floor vote appears likely given McConnell’s decision to file cloture Thursday, lobbyists told us. Senate Commerce member Sen. Ted Cruz, R-Texas, and Charter praised the move to advance Simington, while Free Press and New America’s Open Technology Institute criticized it.
An omnibus FY 2021 appropriations measure under negotiation is likely to include funding for the FCC to implement the Broadband Deployment Accuracy and Technological Availability Act (S-1822), said House Commerce Committee Chairman Frank Pallone, D-N.J., Thursday. He told a USTelecom webinar that he believes movement on infrastructure legislation like the House-passed Moving Forward Act (HR-2) is “not going to happen” during the waning days of the lame-duck session, but “hopefully we can get it passed” and enacted after President-elect Joe Biden’s inauguration. Many advocates of federal broadband spending are optimistic a Biden administration will be able to reach a deal with Congress on infrastructure legislation (see 2011200056).
Senate Republican leaders are eyeing a floor vote as soon as next week to confirm FCC nominee Nathan Simington, setting up what’s likely to be a partisan showdown over the prospect of a 2-2 commission deadlock at the start of President-elect Joe Biden's incoming administration. The Commerce Committee advanced Simington Wednesday, as expected (see 2012010064), on a 14-12 party-line vote. Senate Democrats are already watching the potential implications for Biden’s pick for the party’s third FCC seat, when Chairman Ajit Pai leaves Jan. 20 (see 2011300032).
The House Republican Steering Committee named Consumer Protection Subcommittee ranking member Cathy McMorris Rodgers of Washington as their pick Wednesday to succeed Greg Walden of Oregon as Commerce Committee ranker. The House GOP caucus must vote to affirm. McMorris Rodgers was seen as the favorite over Health Subcommittee ranker Michael Burgess of Texas and Communications Subcommittee ranker Bob Latta of Ohio. All indicated they likely would hew to Walden’s approach to telecom policymaking (see 2011180028). “We are in a battle for the heart and soul of America,” and House Commerce “is at the very center of the battles for freedom to beat socialism and hope to beat fear,” McMorris Rodgers said. “My goal is to maximize” the committee “to secure America’s and Eastern Washington’s future as the best place in the world.” House Commerce “has a rich history of working in a bipartisan fashion, and I know Cathy will continue that tradition,” Latta said. “I am also confident that she will stand strong and push back against the Democrats’ progressive agenda when bipartisan solutions are not possible.” The committee “will continue its legacy of putting forward bipartisan solutions,” Burgess said in a statement. The selection “is a historic moment” because McMorris Rodgers will be the first woman to lead Commerce's Republican contingent, Walden said. “As Republicans fight to take back the” majority in the 2022 election, “Cathy is uniquely qualified.” McMorris Rodgers “has long been a leader who recognizes the significant benefits of today’s vibrant and competitive media and communications marketplace that facilitates ongoing investment and innovation,” said NCTA CEO Michael Powell.
President-elect Joe Biden urged Congress to pass a “robust” COVID-19 aid bill during the lame-duck session, amid a renewed push for such legislation to include broadband funding. Nine senators and House Problem Solvers Caucus leaders unveiled the broad outlines for a $908 billion legislative proposal that lobbyists told us includes $10 billion for broadband programs. Talks on new pandemic aid legislation have repeatedly stalled, though telecom officials have remained hopeful a deal will come together that includes connectivity money (see 2011120047). The House has passed two iterations of the Health and Economic Recovery Omnibus Emergency Solutions (Heroes) Act that include broadband money (see 2009290044). Biden said a COVID-19 bill passed by Congress during the lame duck would be “at best just a start,” and his team is working on a follow-up legislative proposal “to address the multiple crises we’re facing,” which he will propose once he takes office Jan. 20. Sen. Joe Manchin, D-W.Va., told reporters a final version of the recommendations he and other lawmakers teased Tuesday will be filed “very soon.” The lawmakers haven’t “had assurances” from House and Senate leaders for floor votes, “but I think the American people will put the pressure” on them, Manchin said. Treasury Secretary Steven Mnuchin told reporters he appreciates “there is some bipartisan support” for the plan from Manchin and others, downplaying the degree to which it would come up in phone call with House Speaker Nancy Pelosi, D-Calif., that was set for Tuesday afternoon.
The Senate Commerce Committee appeared on track before its Wednesday meeting to advance FCC nominee Nathan Simington’s confirmation to the full chamber. That's despite continued uncertainty about whether panel member Dan Sullivan of Alaska will join other Republicans in backing the nominee. Opponents of Simington’s confirmation claim President Donald Trump picked him to displace Commissioner Mike O’Rielly because the nominee supports the push for a rulemaking on its Communications Decency Act Section 230 interpretation (see 2011100070).