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'I Do Not Apologize'

Reid Unrelenting in Hold on Mobile Now, Ready to Block FCC Reauthorization Act

Senators clashed on the chamber floor Tuesday over the block from Minority Leader Harry Reid, D-Nev., of the Commerce Committee’s bipartisan Mobile Now spectrum bill (S-2555). Commerce Chairman John Thune, R-S.D., went to the floor to formally ask for unanimous consent approval of his measure, as expected last week, which prompted a formal objection. Reid objected and defended the hold he has had on the measure’s hotline process filing since summer -- and a Reid aide told us later that Reid would do the same if Thune tries to seek unanimous consent consideration of the FCC Reauthorization Act (S-2644).

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I do not apologize to anybody for objecting to this legislation,” Reid said, visibly frustrated on the floor. “You can bring it out every other day, I’ll object to it. Every other minute, every other hour. It is wrong that Republicans are treating the American people the way they are.”

Senator Reid continues to expect Senator Thune and Senator McConnell to keep their word and re-confirm Commissioner Rosenworcel,” a Reid spokesman told us later. “If Sen. Thune came to the floor to ask consent to pass the FCC reauthorization bill, Sen. Reid would object.”

Reid placed his hold on Mobile Now this summer due to frustration that Senate Majority Leader Mitch McConnell, R-Ky., hasn't secured reconfirmation of FCC Commissioner Jessica Rosenworcel. Reid said he and McConnell had a private deal from the end of last Congress to allow the reconfirmation of Commissioner Mike O’Rielly, a Republican, then in exchange for Rosenworcel, a Democrat, this Congress. Thune cleared Rosenworcel’s renomination from committee last year but GOP holds prevented her reconfirmation’s hotline process filing this year. Those holds are partly related to the lack of commitment from FCC Chairman Tom Wheeler to step down at the end of the Obama administration. The FCC Reauthorization Act hotline process began last week (see 1609220040) and Thune for months has suspected it would face Democratic blocks along the lines of what happened to Mobile Now. That Democratic strategy was developing as early as May (see 1605060062 and 1605100058). Reid first went to the Senate floor in April to voice his frustrations over the Rosenworcel matter.

I got their word -- Senator McConnell and Senator Thune,” Reid said. “They said they would do it as soon as the new Congress started. And that is almost two years ago. And this woman is in limbo. There’s an extremely important vote now before the Commission dealing with [set-]top boxes on television sets. And she has not been confirmed in that job. It is wrong.” He said “her credentials and integrity are unquestionable” and lauded her qualifications.

Reid, in defending his objections, kept alluding to broader partisan battles in the Senate. He referred to the filibusters he faced when he was majority leader and Republican efforts to “embarrass” President Barack Obama. He on multiple occasions referred to the unsuccessful Democratic attempt to get McConnell to consider the administration's Supreme Court nominee Merrick Garland. “It is a shame, where I have to come to the floor,” Reid said. “We can’t even get a hearing on Merrick Garland. … I have no reservations whatsoever. This is unfair to come and ask for legislation to pass when we have a Supreme Court that is stymied, working shorthanded. It’s incredible that justice is not being served.”

I’m disappointed that the minority has again chosen to put partisan politics ahead of passing noncontroversial bipartisan pro-growth legislation,” Thune told Reid, saying Democrats’ “sole objection” to Mobile Now is “wholly unrelated” to its substance. He cited Reid earlier this year saying Thune has done everything he can to advance Rosenworcel, “and that is correct,” Thune said. “Scheduling on the floor is not something I control. What I don’t understand, however, is why Senate Democrats believe that blocking Mobile Now and other bipartisan bills that come out of my committee will help her cause. …. Ironically, many of her ideas are reflected in this legislation.” He touted the provisions in the bill from Sens. Brian Schatz, D-Hawaii, and Amy Klobuchar, D-Minn. “Their legislative efforts will have been made in vain” if S-2555 isn't passed soon, he said. The two issues don't have to be connected, he said.

Thune has said he suspects that the Rosenworcel renomination will clear by year’s end, as will the other legislation (see 1609210067). She won't be able to sit on the FCC beyond this Congress' adjournment sine die absent her reconfirmation.