Degani Likely Only Temporary General Counsel, Has Role in Pai Office
FCC Chairman Ajit Pai has made major changes to his office, assigning senior aide Nick Degani as acting general counsel and shifting longtime staffer Michael Carowitz from the Enforcement Bureau to the chairman's office to fill in. Degani has played a continuing role in the Pai office since his boss became chairman, as a key player behind the scenes engaged on most important policy calls (see 1703140024). Changes are less than meet the eye, many ex-officials told us. Degani is expected to be general counsel only temporarily, so on the big issues before the FCC, some roads still lead to him.
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Degani became general counsel Sept. 8, replacing Jennifer Tatel, who since went to Wilkinson Barker (see 1709180017) and who had replaced Brendan Carr as acting general counsel when he was confirmed as commissioner. The news release said this would be a “temporary role” for Degani. Industry officials with ties to the Pai office said Degani wants to return his former position and didn’t covet the GC role, normally seen as one of the more prestigious commission jobs.
“It’s definitely temporary,” said a former spectrum official: Degani "is literally doing two jobs.” Pai relies “very heavily” on him and Chief of Staff Matthew Berry to move his agenda forward, said a former wireline official. “I don’t think that that Nick being temporarily down the hall in the general counsel’s office is going to change that role very much.” But an FCC official said Degani isn't taking meetings on behalf of Pai nor does he direct the chairman’s staff and that others inside the office, especially Berry and Carowitz and wireless aide Rachael Bender, have been doing extra duty. “You can’t downplay how much work Berry and others are also doing,” said a lawyer with wireless clients.
The changes likely won’t have much effect on the timing of big items. The biggest factor on timing is that Pai will likely wait until after confirmed to another term to take on the most controversial issues, including net neutrality (see 1708310016) and media ownership (see 1709110068). Industry officials said a vote on the nomination could take place before Columbus Day, but it could also happen in December, pushing the most controversial items into next year.
Any effects should be minimal, said Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman. “Even though the general counsel has a lot of other things to do, Degani should be able to have a lot of input into high priority matters,” Schwartzman said. “Similarly, while Commissioner Carr will have a lot of additional responsibilities, he will also be in a position to help on major items.”
David Honig, president emeritus of the Multicultural Media, Telecom and Internet Council, doesn't expect delays on the net neutrality order. “All five commissioners know the issue very well personally and are hands-on, as are their senior staffs,” he said. Key staff in the chairman’s office on the issue are Berry and Jay Schwarz, who have been focused on this issue for a long time, he said: The Office of General Counsel also “always has its hands on the pen for this kind of major item that’s certain to wind up in a court of appeals.” Honig pointed out that nearly all chairmen have turnover in staff early on. The backlog of items before commissioners “seems to be fairly small and perhaps shrinking,” he added.
“Nick is extremely valuable to the chairman and the agency, and he is more than capable of handling the responsibilities of acting general counsel and continuing to advise the chairman on policy and strategy,” said Incompas General Counsel Angie Kronenberg. Kronenberg, formerly an aide to Commissioner Mignon Clyburn, said she hasn’t always agreed with Degani on policy. “I can confidently say that he does more in one day than most people can accomplish in a week,” she said. Pai's office and the bureaus are "well staffed, are in ship shape and are ready for action,” said former Commissioner Robert McDowell. “There's not a single item that needs to be delayed due to personnel changes."
Phoenix Center President Lawrence Spiwak said Degani is a “top notch lawyer” who “understands what the chairman would like to see in terms of relevant legal theories.” If anything, Degani’s temporary move to general counsel “will allow him to have a more hands-on roll in drafting various key items and will help keep the chairman's agenda on track,” Spiwak said. “On high-profile issues like [Communications Act] Title II, close coordination with the general counsel will be key -- having Degani on that end is more boon than hindrance,” said Doug Brake, telecom policy senior analyst at the Information Technology and Innovation Foundation.