Clyburn Still Voting on Some Items at FCC, Hasn't Left the Building
Commissioner Mignon Clyburn remains at the FCC a month after she announced she was leaving (see 1804170056), in a move some FCC watchers said is unusual for departing members. She has stopped participating in monthly open meetings and wasn’t at the May 10 meeting. Yet she remains a commissioner and has continued to vote on some items on circulation, FCC officials said. Clyburn had an FCC goodbye party (see 1805070036) yet she continues making other public appearances.
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Her photo hangs on the wall of former chairmen at headquarters. Industry officials who were at Clyburn’s goodbye party May 8 said they had the impression she would leave that week. Her office didn't comment Friday. For more details on her recusals, what she's voting on and not as well as her schedule of appearances, we filed a Freedom of Information Act request with the commission.
Other commissioners have stayed a month or longer after they started recusing themselves on items, so Clyburn’s delayed departure isn’t unusual by that standard, industry and FCC officials said. The White House hasn’t announced who President Donald Trump will pick to succeed Clyburn and until the Senate confirms a successor Clyburn can stay, at least until the end of the current congressional session.
Clyburn's continuing appearances are the subject of her tweets. Thursday, she spoke at an event on jobs in the tech industry, and Monday she announced an appearance on the National Urban League’s podcast.
“The unwinding process for departing commissioners takes longer than many may realize,” said former Commissioner Robert McDowell, now at Cooley. “There are federal records retention laws that have to be complied with, security clearance debriefings, financial disclosure updates, and other ethics documents that have to be completed. I announced my departure on March 20, 2013, but I didn’t leave until May 17.”
“What’s the rush, her successor hasn’t been nominated,” said Gigi Sohn, aide to former Chairman Tom Wheeler. “Even if she’s not voting on everything, I’d rather see a full complement of commissioners than not. … She’s been there for nine years. It takes time to wrap up."
“Stay as long as you can,” is former Commissioner Michael Copps’ advice. “We need you and your powerful voice defending the public interest and pulling the veil off the majority’s rampage against the common good.” Clyburn has been on the commission an “extremely long time,” said Andrew Schwartzman, senior counselor at Georgetown Law's Institute for Public Representation. “She’s entitled to transition out and she’s doing it in a transparent way.”
Former FCC Chairman Reed Hundt hopes Clyburn stays longer. There’s no need for her to leave if her replacement hasn’t been appointed, Hundt said.
Clyburn indicated she won’t attend future FCC meetings, and several former officials told us they don’t believe that’s a problem. Chairman Ajit Pai doesn’t need Clyburn to form a quorum, and many items are voted on circulation, Hundt said. Since Clyburn is voting on actions, she's still performing a role at the agency, former FCC Chairman Mark Fowler said. Clyburn voted to deny a Smart City Telecommunications reconsideration petition issued Friday (see 1805180048). “As long as she is voting on things, she is perfectly entitled to be in the role,” Fowler said.
Clyburn’s announcing her intent to leave and not attending meetings can be seen as the responsible choice, Fowler said. In the past, FCC officials on their way out have worked on or voted on items connected with companies that were their prospective employers, Fowler said. “That would be a real breach of ethics,” he said. Clyburn's staying isn’t usual, “but it’s not improper,” Fowler said. Clyburn and the FCC didn't comment.