Senate Dynamics Seen Favoring Quick Confirmation for Clyburn's FCC Successor
Signs are growing that the Senate is likely to move quickly on confirmation for a nominee to succeed FCC Commissioner Mignon Clyburn upon her expected departure, given Republicans’ strong interest in securing a second full term for Commissioner Brendan Carr and bringing on a full FTC slate, communications lobbyists told us. Clyburn isn't expected to announce her departure date until the White House nominates her successor (see 1803290043).
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There was growing industry chatter Friday that President Donald Trump may sometime soon announce his pick of FCC Enforcement Bureau Assistant Chief Geoffrey Starks as Clyburn's successor. Senate Minority Leader Chuck Schumer, D-N.Y., recommended Starks earlier this year (see 1803090040). The White House and spokesmen for Senate Commerce Committee Republicans and Democrats didn’t comment.
“All of the ducks are in a row” for the administration “to get [Starks] up to the Senate,” a communications industry lobbyist said: All the paperwork for Starks has been “sent through” to the White House and the potential “internal political hurdles with Senate Democrats have been dealt with.” Senate Commerce ranking member Bill Nelson, D-Fla., now backs Starks for the FCC seat after earlier publicly endorsing John Branscome, committee chief Democratic telecom counsel (see 1802070047, 1803200027 and 1803200055).
Senate dynamics appear to be aligning to allow for a quick confirmation process, marking a potential contrast with some past FCC nominees whose nominations have languished for months, industry lobbyists and officials said. Not all nominees face an easy path to confirmation even if not controversial. In an often-cited example, former FCC Commissioner Jonathan Adelstein, confirmed in November 2002, saw his nomination held up for almost a year because of a fight over judicial nominees (see 1111210072).
“In an election year as unconventional as this one will be, anything could happen,” said Cooley's Robert McDowell, a former FCC commissioner. “I wouldn’t look for lions and lambs to work together on the Hill all of a sudden. The partisan divide in Congress is as deep as ever, so confirmations could go deep into a lame duck session in December.”
“The good news for Starks is he’s going to get tied in” with the push for Carr’s confirmation to a full term ending in 2023, in line with the deal Senate GOP leaders struck with the Democrats last year to confirm Carr under unanimous consent only to an abbreviated term set to end this year (see 1707260052 and 1708030060), a telecom lobbyist said. Senate Commerce voted again in January to advance Carr’s nomination to a full term (see 1801180049).
Unless Starks “bombs during his confirmation hearing, it’s not going to be impossible to move him” through the Senate before the November elections, a communications sector lobbyist said. Nomination packages involving the FCC typically move just ahead of major recesses, so the most likely dates this year would be in late July, ahead of the August break, or just prior to the election, the lobbyist said.
“I’d expect confirmation by fall if not before summer recess,” said Gigi Sohn, Mozilla fellow and ex-FCC: “There’s an urgency” given Republicans’ eagerness to confirm Carr to the second term. “Typically, nominees from different parties are paired or grouped so that there is motivation to move them through confirmation,” said Angie Kronenberg, a former Clyburn staffer, now Incompas general counsel: “It’s possible Starks could be included and moved quickly with other pending nominees" for other positions. “A full complement of FCC commissioners would be beneficial, and [Clyburn] handing the baton to her replacement would be ideal," Kronenberg said.
Schumer wants to move “very quickly” on Trump’s intended nomination of Rebecca Slaughter, the senator's chief counsel, to an open Democratic FTC seat (see 1803270046), noted Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman. “It is at least possible that the FCC nomination could get tied to whatever deal is put together for that.” Others noted that Slaughter’s nomination makes it possible for the Senate to move on Trump’s four other FTC nominees. Senate leaders could move Starks and all five FTC nominees together as a “grand compromise,” one lobbyist said.
Many are trying to parse how Starks would compare with Clyburn and other FCC Democrats on policy. Starks has had “impressive experience outside the commission and outside the Beltway, and not much learning curve,” said Cowen analyst Paul Gallant. “He'll be effective for Democrats." The hope is Starks “will continue the legacy of [Clyburn’s] entire career, where she has stood in support of digital equity, ownership and access for underserved groups,” said Brookings Institution Fellow Nicol Turner-Lee. “You need someone on the commission to bring balance to the commission’s leadership,” she said. “Having an underdog [advocate] always helps on all issues.”