Clyburn Seen Leaving FCC in February, Even Without Successor

Clyburn, who isn't a lawyer, quietly pursued a position as a policy adviser at a communications law firm, among other jobs, these people said, though we couldn't learn who plans to hire the longtime commissioner. Some who know her well said she has always kept her plans confidential and even they didn't know her next steps. Clyburn declined to comment Friday.

Clyburn celebrated her eighth anniversary as a commissioner in August. She has had little to say about when she would leave since rumors about her departure surfaced last spring (see 1704140061). In the interim, she has fought a number of high-profile battles with FCC Republicans, including last month over the repeal of the 2015 net neutrality rules and on changes to the Lifeline rules. The new internet rules came out Thursday, with Clyburn issuing a nine-page dissent (see 1801040059 and 1801050031). If not replaced, Clyburn could serve another year before she has to leave under her current term, or whenever the current Congress adjourns sine die. Clyburn was the first woman to head the FCC when she was interim chairman between the chairmanships of Julius Genachowski and Tom Wheeler.

Congressional Democrats likely will continue pushing to pair a Clyburn replacement with the nomination of Republican Brendan Carr (see 1801040058) for a second term as commissioner, said Public Knowledge Senior Vice President Harold Feld. There has been talk on Capitol Hill that Clyburn would be leaving soon.

“What we’ve been hearing recently was that she was ready to go,” said one Democratic lobbyist. “There’s more certainty about that” now than there was last year, when talk about a possible Clyburn departure started in earnest, said the expert. “It's my understanding she is planning to announce a decision in the near future,” which makes sense given the timeline for the Senate to act on a nominee to replace her before the end of this Congress, a telecom lobbyist said: “They've done a number of the big decisions” that Clyburn wanted to participate in, including the net neutrality order.

It appears Senate Democrats stopped entertaining new contenders to succeed Clyburn beyond those known last year (see 1707070022, 1707260052 and 1707270052), lobbyists said. “Usually, that sort of thing would have leaked out” ahead of Clyburn’s planned announcement, said one Democratic lobbyist. A Senate Commerce Committee Democratic spokesman didn’t comment.

Senate Minority Leader Chuck Schumer, D-N.Y., and Senate Commerce Committee ranking member Bill Nelson, D-Fla., are continuing to play leading roles in selecting a candidate, and other Democratic senators are “talking up” their own staffers, a telecom lobbyist said. Lobbyists noted significant buzz about Clint Odom, legislative director for Sen. Kamala Harris, D-Calif., and a former FCC legal adviser, and Joey Wender, an aide to Sen. Ed Markey, D-Mass. There may be other candidates, too.

Legacy

Clyburn would leave a legacy that fans and foes of regulation see as positive.

“Clyburn has been a dedicated proponent for advancing consumers’ interests at the commission, and she has particularly focused her time on being the voice for those who had for too long been ignored in Washington,” said Angie Kronenberg, one of her former staffers, now Incompas general counsel. “Constituents who depended on her to have their backs” will miss Clyburn, Kronenberg said. “On a personal note, she also was a fantastic boss, and I loved working for her.” Kronenberg said Clyburn likely will be “thinking of how she can best serve those who need the most help,” as she moves on.

With her departure, “we will be losing the 'conscience of the commission' and the sole member who actively sought to provide a 'voice for the voiceless' in communications policy,” said Adonis Hoffman, her former chief of staff, now a telecom consultant.

“I would be sorry to see her leave,” said Mark Jamison, University of Florida professor and a member of the Trump FCC transition landing team. Jamison said he has known Clyburn since her time on the South Carolina Public Service Commission. “While she and I tend to disagree on many issues, I have always admired her ability to be candid and fair with her thoughts, and to work well with others,” he said. “Clearly, her departure would have an immediate impact on issues where she has been a strong voice in opposition to the agency’s current direction, given that it would give the Republicans a 3-1 majority. But she is also someone that people can work with to find common ground.” There’s lots of interest in returning the commission to a more collaborative body, Jamison said. “That would be possible with her on the commission,” he said. “If she leaves, I hope she is replaced by someone with a similar respect for the integrity of the regulatory process.”

While Clyburn for a while was the lone Democrat “holding down the fort as sole dissenter, Rosenworcel is now there and has recently been attracting a lot of media coverage with her high-profile dissenting comments regarding net neutrality and media ownership,” said broadcast lawyer Francisco Montero of Fletcher Heald. “It is entirely possible that Clyburn feels that she has done her duty as a good soldier for the Democratic policy position and it’s now time to step aside. The alternative was to try to form a team with Rosenworcel, but Clyburn may feel that she’s done and ready to move on.”

Many had low expectations when Clyburn became a commissioner, “but she quickly proved them wrong,” said Andrew Schwartzman, Georgetown Law Institute for Public Representation senior counselor. “She has been a stellar and extremely effective advocate for the public interest. Her tenure as acting chair also surprised the doubters; she kept the commission running well and hard.” She brought a key perspective to addressing “the needs of those who have often been left out of the policymaking process,” he said. “Her departure will make it all the more important that the other commissioners pay heed to those voices.” Feld “can think of no other commissioner who has fought so tirelessly, so passionately and so publicly for the helpless,” he said. “She is literally doing the Lord's work ... bringing compassion and kindness to an agency too often lacking in either.”