McConnell Endorses Pai as FCC Nominee in Letter to White House
Senate Minority Leader Mitch McConnell, R-Ky., sent the White House a letter asking President Barack Obama to nominate Ajit Pai for the Republican seat on the FCC vacated by Meredith Baker. Industry and government officials we spoke with Friday said Pai is likely to be nominated and should face a relatively easy time being confirmed, barring unforeseen complications. Pai’s nomination is likely to be paired with that of Jessica Rosenworcel, an aide to Sen. Jay Rockefeller, D-W.Va.Rosenworcel is expected to be the nominee to replace Democrat Michael Copps on the commission. Copps must leave the FCC when the current session of Congress ends.
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Pai was a leading candidate for an FCC slot two years ago, with 12 senators sending McConnell a letter asking that he get the nod then (CD Feb 6/09 p1). McConnell ultimately sent Baker’s name to the White House. The recent letter highlighted Pai’s “experience, aptitude, and commitment to free market, pro-competitive principles.” McConnell’s office had no comment for this story.
Pai recently joined Jenner & Block in its litigation department and communications practice. He was previously deputy general counsel at the FCC, among other positions there. Two former chairmen, Bill Kennard and Dick Wiley were FCC general counsels before being joining the commission. Perhaps most importantly, Pai was an aide to former Sen. Sam Brownback, R-Kan., who has championed him for the FCC post. Brownback is now governor of Kansas. Pai worked for Verizon from 2001 to 2003 and is a graduate of Harvard and the University of Chicago Law School. Pai has an additional connection in the McConnell office in that he is close to McConnell Deputy Chief of Staff Rohit Kumar, two sources said Friday.
Pai’s political views are not well understood, said a government source. “He’s going to be out of the blue a bit for folks,” the official said. “There will probably be some talk about the revolving door -- from the FCC to a big law firm that represents cable companies and phone companies, then back to the FCC.” Helping Pai is that he has not been at Jenner & Block long enough to become too conflicted, the official said. Pai is unlikely to be a “knock your socks off power hitter” as a commissioner, but is a “very smart guy and a very decent guy,” said a top communications lawyer.
"He is a solid choice,” Andrew Schwartzman, senior vice president of the Media Access Project, said of Pai. He’s “very conservative, but very smart and well-credentialed. It creates a chance that a [Democratic/Republican] combination could move before the end of the year, but the calendar already makes that pretty tough.” MF Global analyst Paul Gallant said: “There probably won’t be a big near-term impact on policy. But he can definitely move the needle if he digs in on a particular area the way Baker did on wireless."
"From everything I gather, Pai would be exceptionally well qualified for the post and have little trouble being confirmed by the Senate,” said Medley Global Advisors analyst Jeff Silva. “My sense is there will not only be a new look to the FCC in the not-too-distant future, but policymaking dynamics will change even as Democrats remain in control of the agency.”
The pending Universal Service Fund order could slow Senate action on Pai and Rosenworcel, said Public Knowledge Legal Director Harold Feld. “Pai will certainly be paired with Copps’ replacement and Copps is going to want to stay until after USF is finished, which now looks like fall,” Feld said. “Besides, there is a huge backlog of nominees being held up by the Republicans, so I would expect that the Senate and the administration will need to work out some sort of overarching compromise to get a slew of nominees through near the end of the year.”