Anxiety Rising About Rosenworcel Reconfirmation Fight's Implications for Floor
The Senate reconfirmation fight over FCC Commissioner Jessica Rosenworcel may bleed over into stalling some big-ticket telecom legislation on the Senate floor, said officials from industry and on Capitol Hill. Some have heard that Senate Minority Leader Harry Reid, D-Nev., signaled an interest in obstructing telecom legislation until Rosenworcel gets a confirmation vote, which could have major implications for measures recently cleared from the Commerce Committee. That potential scenario was viewed as an unsurprising extension of Reid’s recent outrage.
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Reid spokespeople didn’t comment or confirm whether such a strategy could be used. Industry lobbyists and others told us they have heard of this stance in recent days, but were unsure how firm Reid’s resolve may be. One broadcast industry lobbyist told us he would need to see Reid apply the obstruction before he fully buys Reid's commitment to doing so but affirmed there’s increased discussion about it.
Senate Democrats including Reid and Commerce Committee ranking member Bill Nelson, D-Fla., loudly demanded floor consideration for Rosenworcel’s renomination over the past month (see 1604210066). Reid made a private deal last Congress with Majority Leader Mitch McConnell, R-Ky., and Commerce Committee Chairman John Thune, R-S.D., to approve FCC Commissioner Mike O’Rielly, a Republican, in exchange for, as Reid and Nelson say, quick approval for Rosenworcel, a Democrat, this Congress. Her renomination went up for a hotline vote, by unanimous consent consideration of the full Senate, but faced multiple GOP holds. Republicans say Rosenworcel’s chances would go up if FCC Chairman Tom Wheeler commits to stepping down at the end of the Obama administration. Four other Commerce Committee Democrats -- Sens. Brian Schatz of Hawaii, Richard Blumenthal of Connecticut, Ed Markey of Massachusetts and Tom Udall of New Mexico -- demanded Rosenworcel's floor consideration in recent weeks (see 1604270030).
“It's sad that this is what it takes to get even noncontroversial appointments through the Senate these days,” New America Open Technology Institute policy counsel Josh Stager, a former Democratic Senate staffer, told us of the possible strategy. “Reid has been very patient with GOP leadership, but patience has a limit. Rosenworcel should've been confirmed a long time ago.”
“This is aggressive but it wouldn't surprise me at all,” said Guggenheim Partners analyst Paul Gallant of the possibility. “The recent statements by Reid and Nelson on Rosenworcel's nomination were very blunt, so it's clear Senate Democrats feel very strongly about getting this done.”
At least two big-ticket bipartisan telecom measures from the Senate Commerce Committee will soon be up for hotline votes before the full Senate: the FCC Reauthorization Act (S-2644) and the Mobile Now spectrum bill (S-2555). It would require only one Democratic hold to prevent passage of either measure. Thune has led the push to craft both measures and secured the co-sponsorship of Nelson for both. They passed through the Commerce Committee without contention. Thune has said it would be hard to find floor time for the measures if hotlining weren't a possibility.
Spokespeople for McConnell didn’t comment aside from a spokesman referring us to Reid’s office. Without reconfirmation, Rosenworcel would be unable to serve past this year.