Markey, Wyden Block Rosenworcel Renomination Over Policy Frustrations

Markey, a Commerce Committee member, “has been joined by Senator Ron Wyden in placing a hold on the renomination of Jessica Rosenworcel to the FCC,” a Markey spokeswoman said. “Senator Markey placed this hold because he wants an FCC Commissioner who is unequivocally committed to pro-consumer, pro-competition policies. Recent actions from Commissioner Rosenworcel on the proposed set-top box rule and other items have called that commitment into question.”

Wyden blamed the postponed agenda items initially slated for Thursday’s commission meeting. He wants “to express my frustration with the inaction of the [FCC] due to political reasons,” he said in a statement about the hold. “The FCC’s Chairman, Tom Wheeler, was forced to cancel a vote during their Open Meeting due to the inaction of one [commissioner]. That vote would have implemented a program to help rural Americans receive wireless broadband internet. I see no reason for the Commission to delay a vote, on a non-controversial policy that would infuse Universal Service Funding to the most high-cost rural communities across the country.” He cited hearing from constituents about such issues and said any “delay causes these rural communities to wait even longer for help.”

Rosenworcel has received attention as a swing vote in certain of these recent proceedings. Wheeler didn't advance his set-top box order during a September meeting because she was not on board, although parties have said negotiation continued on the order into the fall. Unless confirmed, Rosenworcel will have to leave the FCC at the end of this Congress.

Markey’s spokeswoman confirmed the holds began Thursday and said the reference to "other items" calling Rosenworcel's commitment into question include the FCC’s business data services proceeding. That BDS order would have initially received a vote Thursday, and Markey blasted the postponement of agenda items and GOP congressional pressure to remove them Wednesday (see 1611160048).

“Free Press does not support the strategy, nor do we believe the claims underlying it,” Matt Wood, the group’s policy director, told us. “We did not ask any senators to take this step.”

Public Knowledge, a frequent Markey ally on the set-top box and other policy issues, declined comment on the holds and whether the group requested them. Attorney Jonathan Lee alleged in a September blog post that Public Knowledge CEO Gene Kimmelman threatened to tie Rosenworcel’s renomination to her support for the set-top box proceeding, the accuracy of which Public Knowledge also declined to comment on.

Markey formerly backed Rosenworcel’s reconfirmation. He told us in May that he wanted it (see 1605130057). Along with Nelson and several other Commerce Democrats, Markey urged fast reconfirmation during an April hearing, bringing up a past hold he nearly placed on Commissioner Mike O’Rielly, a Republican, that he didn’t place only because of assurances given through Minority Leader Harry Reid, D-Nev., on Rosenworcel (see 1604270030). Senate Majority Leader Mitch McConnell, R-Ky., and Reid had negotiated a deal about advancing O’Rielly last Congress in exchange for advancing Rosenworcel this Congress. Democrats all year have blasted what they see as a broken deal due to GOP holds that have prevented the Rosenworcel reconfirmation.

The position of Senate Commerce Committee ranking member Bill Nelson, D-Fla., “hasn’t changed,” his spokesman said. “He strongly supports her renomination.”

Reid has blocked bipartisan legislation on the floor this year due to the GOP holds on Rosenworcel. The stalled legislation includes the Mobile Now spectrum bill (S-2555) and the FCC Reauthorization Act (S-2644). “Bipartisan technology legislation passed by the Commerce Committee should not face further delay from the Senate minority leader over a nominee Senate Democrats are now blocking,” said a spokesman for Senate Commerce Committee Chairman John Thune, R-S.D., Thursday when asked about the Markey and Wyden holds. Thune told reporters of his own support for the reconfirmation earlier this week but suggested it's a matter for the two Senate leaders (see 1611160053). Thune’s spokesman listed legislation awaiting Senate floor consideration, including the two bigger bills and the Improving Rural Call Quality and Reliability Act (S-827) and Securing Access to Networks in Disasters Act (S-2997). Reid's office didn't comment Thursday.

“This seems like overkill,” one industry official told us of the Democratic holds, judging the whole situation strange given Markey’s earlier praise of Rosenworcel. He suggested that Wheeler was at the root of the situation. Wheeler has refused to commit to stepping down at the end of the Obama administration, causing the GOP holds of Rosenworcel. The official suspects Wheeler will leave eventually despite not committing to do so, but by then, Rosenworcel likely would be off the commission. Wheeler didn’t make any firm departure commitment Thursday (see 1611170054). The official still thinks McConnell and Reid could come to an agreement to advance Rosenworcel in the lame-duck session, despite recent doubts (see 1611100050), and while Markey and Wyden likely would come in line if there were a leadership agreement, the latest development is not helpful.

“I'm surprised to hear this and disappointed,” said Free State Foundation President Randolph May. “I guess it just shows that these senators have very little tolerance for anyone who may not entirely agree with their own views regarding competition or the importance of protecting copyrights and contracts. I think it's fair to say that Commissioner Rosenworcel's positions have been pretty well aligned with those of Senators Markey and Wyden on the majority of issues before the Commission.”