Clyburn Leaving FCC Before May 10; No Announcement on Successor

Senate Commerce Committee Chairman John Thune, R-S-D., was unaware of Clyburn's announcement before we told him and wasn't sure when the White House might formally announce a nominee. Thune told us he would need to “process that and figure out what happens next” for Clyburn's successor, but “ we expected that” she would choose to depart the commission. The White House didn't comment.

Clyburn told us she thought she could make it through the announcement without getting emotional but that proved difficult. “It has been nearly nine years and I feel like I was nurtured for this job, to the ability to serve the American public, to do so in ways that are through different lenses,” she said. “I’ve done all I know to do and it’s time for me to serve in another way.” At the meeting, she noted she hadn't even told her family before the announcement.

Clyburn said she isn’t ready to announce her plans. “It’ll be a new type of safety net, maybe no safety net,” she said. It’s always good to bring a new perspective onto the FCC, she said. “There’s a project I know I’m going to work on regardless of what I do.” Clyburn said her biggest advice to her eventual successor is to be “authentic.” She said she doesn’t know Starks. “He works here, so he’s easy to find,” she said.

Asked about her biggest accomplishments, Clyburn cited 700 MHz interoperability, an issue addressed while she was acting chairwoman, not through an order but through an agreement she forced between AT&T and smaller carriers (see 1309110036). “You talk about those small, landlocked providers, who bought the spectrum and could go nowhere,” she said. She also mentioned her work on inmate calling rates. “Even though we haven’t crossed the finish line … people weren’t talking about” inmate calling before, she said.

Clyburn’s legacy “is one of consistently striving for the public interest, trying to find common ground and staying true to what she believes in,” Pai said during a news conference after the meeting. Pai said he was pleased that at Clyburn’s final meeting, commissioners voted 5-0 on all six items. Commissioners Jessica Rosenworcel, Brendan Carr, and Mike O'Rielly also praised Clyburn.

3-1 Split

Former and current FCC officials told us a 3 -1 split won't drastically changes the agency's dynamics.

Having Rosenworcel the lone Democrat is unlikely to fundamentally change FCC decisions that would have fallen along party lines anyway, said former Commissioner Robert McDowell, now at Cooley. “The majority is already doing pretty much what it wants,” said former Commissioner Mike Copps, now with Common Cause. He called Pai’s leadership style “autocratic.”

Though it might not change the outcome of FCC decisions, lack of a companion Democrat will be felt by Rosenworcel, Copps said. “Two is always better than one,” Copps said. “It’s one less voice, less diversity of viewpoint.” The 3-1 dynamic could empower Carr and O’Rielly, since they could block a rulemaking by joining with Rosenworcel, current officials said. Though the Republican commissioners are usually seen in agreement, at the NAB Show last week O’Rielly took what appeared to be a veiled swipe at Pai’s proposed action on C4-FM (see 1804090050). Ex-officials said such disagreements are likely to be rare, and at their most extreme would probably only lead to an item being pulled from a meeting agenda or never leaving circulation rather than being voted down.

Clyburn's FCC tenure "should be remembered by her grace, compassion, vision and leadership,” said McDowell. She will go down as one of the best FCC commissioners in history, said Gigi Sohn, Mozilla fellow and a former aide to then-Chairman Tom Wheeler. “She has been a vocal and passionate advocate for the public interest and defender of the most vulnerable in our society,” Sohn said. “She has traveled the country, listening to ordinary Americans and using their stories to help shape policies that ensure universal access to affordable and open communications networks.”

Many groups released statements lauding Clyburn. “Clyburn has served her role at the FCC with distinction and has a deep understanding of how wireless connectivity can empower consumers and provide new opportunities to educators and health care professionals,” said former Commissioner Meredith Baker, now president of CTIA. Clyburn “inspires through her intellect, her integrity and her tremendous energy, and has made a lasting impact at the Commission,” said USTelecom President Jonathan Spalter.

Clyburn has “demonstrated an abiding and admirable commitment to public service,” said Joan Marsh, AT&T executive vice president-regulatory. “She leaves a tremendous legacy at the Commission of helping Americans most in need and bringing a voice for those who are often overlooked.” Clyburn “will leave an indelible mark on the FCC,” said Kathy Grillo, Verizon senior vice president-public policy.

"A true champion of competition," said Steve Berry, president of the Competitive Carriers Association: Clyburn "has never been afraid to stand up for the ‘little guy’ and truly understands the importance of a level playing field." Clyburn has been “willing to engage in frank, collegial dialogues with fervor, intellect and a sense of humor” at NARUC meetings, said President John Betkoski.

The American Cable Association praised her “civility and good humor,” and Incompas called her “a genuine consensus builder” at the commission. NAB praised her as “a champion of diversity in the media marketplace.” Clyburn’s tenure on the FCC will be “long remembered” for “her zealous -- and effective -- advocacy on behalf of the American public, and especially for those whose voice has not always been heard in Washington,” emailed Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman.