Senate Commerce Advances FCC Nominees, Delays Redl Vote Amid Cruz IANA Concerns

The committee easily cleared Pai, Rosenworcel and Carr's nomination to a term ending next year, but advanced Carr's nomination to an additional five-year term ending in 2023 separately on a 14-13 party-line vote. Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, and some other committee Democrats also voted against Pai. The committee approved a spate of other nominees, including Peter Davidson for Department of Commerce general counsel, Steven Bradbury for Department of Transportation general counsel, and Robert Sumwalt for National Transportation Safety Board chairman. It also cleared the Rural Wireless Access Act (S-1621) and the Cyber Scholarship Opportunities Act (S-754). S-1621, introduced in May as S-1104, would force the FCC to ensure standardized data collection for USF support eligibility (see 1705110060).

Ranking member Bill Nelson, D-Fla., insisted on separate votes on Carr's two nominations because of longstanding concerns that there's no clear “precedent for a second term being this long.” Senate confirmation now on both Carr terms “would throw the entire balance of the FCC ... out of whack,” Nelson said. Sen. Maria Cantwell, D-Wash., wanted to separately consider Carr's nomination to a full term at the end of his abbreviated first term so she can ensure he maintains “independent views” from Pai given Carr's past role as a Pai aide.

Commerce Chairman John Thune, R-S.D., disputed Nelson's claims about a vote on consecutive terms breaking precedent, highlighting the Senate's 1997 vote to confirm Gloria Tristani to consecutive FCC terms through 2003. Nelson pushed back against Thune, noting that the Senate voted on Tristani and three other FCC nominees for a 2-2 Republican-Democrat split. A committee spokesman noted similar votes on FCC nominees to consecutive terms, including its 2013 vote on then-agency Chairman Tom Wheeler.

Carr Negotiations

Sen. Ed Markey, D-Mass., also spoke of the need to “keep the traditions of the committee intact,” acknowledging he and other Democrats wanted a Republican nominee available to pair with a future Democratic FCC nominee if sitting Commissioner Mignon Clyburn steps down (see 1707260014 and 1707260052). Clyburn hasn't announced her plans but her current term expired June 30. She can stay until her successor is confirmed up until the end of the current Congress in late 2018. “There will be no one to pair the new Democratic nominee with” if the Senate confirms both of Carr's nominated terms now, Markey said. Senate Democrats want “a guarantee we’re going to have a situation” where there's a pairing for a possible Clyburn successor if that situation arises, he said.

Thune and Nelson acknowledged Senate Democrats' push for the chamber to consider Carr's nomination only to his first abbreviated term as part of a nominations package remained a bargaining chip in negotiations between Senate Majority Leader Mitch McConnell, R-Ky., and Minority Leader Chuck Schumer, D-N.Y. “It is my clear understanding” McConnell and Schumer “are working out an arrangement” involving a vote only on Carr's first term as part of the nominations package, “otherwise it will not go forward on the floor,” Nelson said. Schatz told us he agrees it's “highly likely” the Senate will agree to consider only Carr's abbreviated term in the nominations package.

McConnell and Schumer “can separate [Carr's terms] on the floor if they want to,” Thune told reporters. He doesn't believe the move to advance Carr's nomination to both terms “in any way hampers [the leaders'] ability to … negotiate if they want that put together in a package deal.” The committee “wanted to move [the FCC nominees] out of here” and ensure “a full complement at the FCC,” Thune said.

Redl Delay

The panel again delayed its vote on Redl as part of a “request for additional time to follow up on issues raised” during Redl's June confirmation hearing, Thune said. Commerce previously pushed back a decision on Redl because of Cruz's concerns (see 1706280027 and 1706280061).

Thune told reporters “we are in the process of acquiring” the requested information, which he characterized as pertaining to Redl's “previous work.” Cruz reportedly requested copies of emails between Redl and previous NTIA Administrator Larry Strickling pertaining to the transition process, which Redl monitored in his role as House Communications Subcommittee chief GOP counsel.

Republican observers fear Cruz is digging in rather than moving closer to lifting his hold. Cruz's request for the emails could be “difficult” to fulfill, so it appears Thune and others are trying to find a way to get Cruz assurances he needs, a communications sector lobbyist said.

Two former top NTIA officials said Redl doesn’t appear to be getting closer to confirmation. “A position that should be softening, appears to be hardening,” one said of Cruz.

Delays on confirmations aren't unprecedented, though the first NTIA administrator nominee of recent presidents generally has moved fairly quickly. Strickling, President Barack Obama’s only NTIA chief, was nominated at the end of March 2009 and confirmed late June after a Senate hold. John Kneuer, George W. Bush’s third administrator, was nominated in May 2006 and confirmed by the Senate that December.