McConnell Looking for Heavy Hitter to Replace McDowell on FCC
A McConnell spokesman said his office would not comment before the president makes a formal announcement. Hill aides told us McConnell is feeling pressure from Senate Commerce Committee Chairman Jay Rockefeller, D-W.Va., and others to name a nominee soon. A spokesman for Rockefeller did not comment. Industry and Hill officials said the leading candidates for the post are: Anatolio “A.B.” Cruz, III, former chief legal officer at Scripps Networks Interactive; and longtime congressional aide Michael O'Rielly, who now works for Sen. John Cornyn, R-Texas. Industry and Hill sources told us that another rumored candidate, Duke Economics Prof. Michelle Connolly, declined to be considered for the post. Connolly didn’t return our requests for comment. She’s a onetime FCC chief economist under former Chairman Kevin Martin. Sen. John Thune, R-S.D., ranking member of the Commerce Committee, is expected to play at least an advisory role in picking a nominee.
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A former FCC official said Monday he has been told nothing is likely soon on a Republican nominee. “McConnell hasn’t interviewed anybody,” the official said. “His staff has interviewed people but he personally hasn’t interviewed anybody."
Cruz had no comment, but a military official told us Cruz is planning to retire from his Navy Reserve post in September. Cruz, 54, is a rear admiral in the U.S. Navy Reserve and became reserve deputy director of maritime operations at U.S. Fleet Forces Command in October 2012. Cruz was previously considered to replace McDowell in 2009 following speculation that McDowell was planning to leave the commission after his first term, sources said. Then-Senate Commerce Committee Ranking Member Kay Bailey Hutchison, R-Texas, recommended Cruz, a native of San Antonio, Texas, to replace McDowell. McDowell was subsequently reappointed to the commission in June 2009 and Cruz’s name was dropped from consideration.
The former FCC official said it would probably work for the best if Republicans pick someone who can negotiate with Democrats. But the lawyer also said bad blood between the Obama administration and Republicans in Congress could work against a smooth confirmation process. “Do they really want to give Obama the chairman that he wants,” the former official said. “Maybe they'd like to let it sit there for a while.”
"I don’t think they're close to making a decision,” said a second former FCC official. “McConnell’s staff reached out to several potential candidates who did not want to come in for interviews. I think they're looking for someone outside the Beltway."
"It looks like Mitch McConnell did essentially throw everything out and said, ‘Hold it, we're going to start all over again,'” said a longtime wireless industry lobbyist. “He’s asked his staff to put together a list of potential candidates that he’s going to interview. He'll take recommendations from Thune and others, but it’s going to be a Mitch McConnell decision.” McConnell appears to be reaching beyond current Hill staff, the lobbyist said: “What I heard is McConnell said, ‘We need a big thinker. We need someone who has some gravitas and someone who will stand up against regulation.'”
McConnell may be looking for the “anti-Copps,” said Public Knowledge Senior Vice President Harold Feld, referring to former Democratic Commissioner Michael Copps. “Someone who will go to the conservative grassroots and mobilize them the same way that Copps mobilized the Net Roots on media ownership and network neutrality when the Republicans held the FCC,” he said. “Republicans may be sore at Democrats, but if they hold up confirmation of a new chair and a new Republican commissioner for too long, then they need to accept that the current FCC will make decisions on significant issues like the incentive auction,” Feld said. “Republicans cannot simultaneously complain that an acting chair needs to put off important decisions for the full commission when they themselves are responsible for the delay."
"I thing the only way that is going to make things move quickly is if some of the major carriers and broadcasters decide that they would prefer to have Tom Wheeler on board than risk adverse decisions from acting Chairman Clyburn,” said public interest group lawyer Andrew Schwartzman. “I don’t see any signs of that. There seems to be a lot of optimism that she can keep things running pretty well."
Federal law 47 U.S.C. 154 requires that no more than three FCC commissioners align with the same political party as the president. Traditionally the Senate minority leader makes his or her recommendation for FCC nominees to the president but ultimately it is the president who decides on a candidate.