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Rosenworcel Key Factor

Democratic Holds Ready To Stop Mobile Now, FCC Reauthorization Act Hotlines

Senate Democrats will prevent any easy floor passage of the FCC Reauthorization Act (S-2644) and the Mobile Now spectrum bill (S-2555) until the Senate votes on the renomination of FCC Commissioner Jessica Rosenworcel, as expected (see 1605060062), a senior Democrat confirmed this week. Commerce Committee Republican staff plan to file for hotline unanimous consent consideration of both measures on the Senate floor this month, and a Commerce Committee aide confirmed Tuesday that Mobile Now will undergo a hotline attempt this week. Both hotline efforts would fail under the current Democratic strategy.

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Yes, yes,” Senate Commerce Committee ranking member Bill Nelson, D-Fla., said in an interview Tuesday, affirming Democratic holds in the works for both measures until Rosenworcel’s renomination receives a floor vote. “It won’t be mine, but I’ve heard that there will be others.”

Senate Commerce Committee Chairman John Thune, R-S.D., wrote both measures and won Nelson’s co-sponsorship after much negotiation. Both cleared the Commerce Committee this year by unanimous voice vote, but a single senator’s objection prevents a successful hotline effort on the floor. Thune spokespeople didn't comment on the likely Democratic holds.

Last week, officials from industry and those on Capitol Hill heard that Minority Leader Harry Reid, D-Nev., signaled he would stop telecom legislation from easily moving through the Senate floor if possible until the Rosenworcel reconfirmation fight is resolved. Reid took to the Senate floor last month to blast what he considered a broken deal with Majority Leader Mitch McConnell, R-Ky., and Thune on timely consideration of Rosenworcel’s renomination this Congress (see 1604210066). Nelson and four other Commerce Committee Democrats also slammed what they see as a broken deal -- involving, they say, confirmation of Republican FCC Commissioner Mike O’Rielly last Congress in exchange for timely approval of Rosenworcel’s renomination this Congress -- and demand McConnell force Senate action. Thune said one key factor in the GOP holds is FCC Chairman Tom Wheeler declining to commit to stepping down at the end of the Obama administration.

Nelson didn’t answer directly whether Reid is orchestrating the holds. “I think there’s concern among a whole bunch of people because a promise was made,” Nelson told us of Reid’s possible role. Reid spokespeople didn’t comment. Nelson was unaware of any recent negotiations to move Rosenworcel’s renomination, which was hotlined on the floor last year but fell short of approval due to multiple GOP holds. “I don’t know any more than what you’ve already asked me,” Nelson said of possible discussion for a path forward for Rosenworcel.

Both of the telecom packages lack House companions, but Hill observers told us there's still a path forward this year for both to become law, assuming Senate leaders are able to resolve any holds on the hotline efforts (see 1605090046). Rosenworcel would be unable to act as an FCC commissioner by year’s end without a Senate vote.

A McConnell spokesman told us Tuesday he has no scheduling updates on Rosenworcel’s renomination vote. He declined comment on planned Democratic objections to other telecom measures on account of the Rosenworcel matter.